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Can Child Protective Services take my unborn child?

Peabody, MA |

Under what reasons can CPS take an unborn child to child-less parents if both parents have clean records? And what would be the child's rights at that point?

Attorney Answers 4


  1. Best answer

    Back when I was doing these cases, the most common reasons for removing the child at birth was where the child was born with drugs in her system, the parents were already involved with DCF and were not complying with service plans, the mother was in unsafe housing or had no housing, or the mother was incarcerated (either having already been convicted for a crime or jailed and awaiting trial) and couldn't keep the child with her.

    E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.


  2. Presumably you mean "under what circumstances can CPS take a child immediately after birth?"

    It's actually not a simple question to answer in any meaningful way. Simply saying "when it is determined to be in the best interest of the child" won't tell you much--but on the other hand, it's not possible to list every example.

    If you are still pregnant, you have some control: even if CPS would take your child right now, you can theoretically change that status before delivery. Contact an attorney ASAP.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.


  3. Is this question applicable to you? More facts are needed to adequately answer you question. Generally speaking, the Department of Children and Families will investigate reports of alleged abuse and or neglect of a child. Abuse is defined by the Department as the non-accidental commission of any act by a caretaker upon a child under age 18 which causes, or creates substantial risk of physical or emotional injury, or constitutes a sexual offense under the laws of the Commonwealth, or any sexual contact between a caretaker and a child under the care of that individual. Neglect is defined as failure by a caretaker, either deliberately or through negligence or inability, to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability, growth, ror any other essential care. Hope this helps - Good Luck!


  4. not usually unless drugs or criminal matters pending/incarceration are at issue. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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