Positive Toxicology Babies (Pos Tox Babies) 

A positive toxicology screen for drugs or alcohol in a newborn baby is not in and of itself sufficient for a CPS Referral or CPS Report for child abuse or child neglect (California Penal Code Section 11165.13) 

However, many Hospitals make a CPS Referral for Child Abuse solely on the basis that the Mother or Baby was “pos tox” at birth. Positive Drug screening of the Mother and child can be false or be a “false positive.” 

If your Baby was removed from your care at birth, you need to contact an Attorney to Fight CPS and the Hospital.