Will cps take your child if test positive for marijuana?

Casimir Greenholt asked a question: Will cps take your child if test positive for marijuana?
Asked By: Casimir Greenholt
Date created: Fri, Jan 29, 2021 2:43 AM

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Those who are looking for an answer to the question «Will cps take your child if test positive for marijuana?» often ask the following questions:

👉 Will cps take your baby away after birth for testing positive for marijuana?

They won’t just take your baby. 🙄 if you test positive at the hospital, CPS will come and talk to you, open up a case and then when you get home, do a home visit to make sure your house isn’t like a crack house. As long as it isn’t, you’ll be fine. You’ll still have the case on your record though.

👉 Can a cps take your child for marijuana use?

  • Every state and every situation seems to be different. There are a few states that consider marijuana use (regardless of the reason) to be a felony. If you're in one of those states, CPS can legally take your child.

👉 Can a cps officer take your child for marijuana smell?

  • CPS can step in and remove children from any home for any reason that they deem threatening to the children. So "Yes" they can. The next question is "Will they?" Stop worrying and also stop smoking marijuana. If you get any contact from any government agent, officer, CPS worker, then get a lawyer ASAP.

11 other answers

No.

CPS policy is to not remove a child if the only issue is a positive drug test for marijuana. However, court ordered services are likely. Smoking pot may be tolerated more, but CPS will raise the issue that it is still illegal and puts the smoking parent at risk for being incarcerated.

They won’t just take your baby. 🙄 if you test positive at the hospital, CPS will come and talk to you, open up a case and then when you get home, do a home visit to make sure your house isn’t like a crack house. As long as it isn’t, you’ll be fine. You’ll still have the case on your record though. Violation Reported.

Will they take my baby away if I test positive for drugs? The #1 question in people’s minds about marijuana during pregnancy **First off, they will NOT take your baby away for taking pot during pregnancy, but in my state (and most states) it does require a CPS call by us to notify them. CPS may or may not visit you, but they will have a record of it in their system.

While it may be difficult to sympathize with parents of infants taken into CPS custody at hospitals due to the infant testing positive for marijuana, this highlights the problem with state agencies using the federal scheduling guidelines.

If your new baby tests positive for marijuana, there's a good chance that CPS will try to detain the baby. Going back to the early 1990's, the appellate courts have opined that the fact that a child is born under the influence of drugs is enough to start a case.

The bottom line is that your usage of marijuana is seen to expose your child to an unreasonable threat of harm. Child Protective Services may become involved as drug use is often seen as a form of child neglect. You have a duty to protect your child, and despite what you believe, a judge is likely to find that your drug usage places an undue amount of potential harm on your child.

There’s an even longer list of things that CPS can’t do but will try to do anyway. If you fail a drug test, and your child is safe, they can’t technically remove your child. That doesn’t mean that it will have no impact on you, though. It can still affect both you and your little one.

Navigating Child Protective Services When You Use Cannabis. States are legalizing and regulating cannabis. But children are still being taken away because their parents medicate with it. by Diana ...

Legal or Not, Using Marijuana can Bring CPS to Your Door. November 9, 2014 Abuse and Neglect Attorney. Posted by Abuse and Neglect Attorney on November 9, 2014 February 8, 2016. The story of little Bree Green stirred up significant public outcry, both for and against the use of medical marijuana with regard to parenting.

However, because weed can dull the senses, at judge will take into consideration the fact that you won't be able to react as quickly should something happen involving your child's safety. Additionally, your child could potentially get into the marijuana and ingest it, which the judge will consider a major safety risk. Judges Have a Great Deal of Discretion in Texas. Some Texas judges will require you to have supervised visitation with your children if you are found to be actively using pot ...

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