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Can cps take my newborn

Urbana, IL |

I had a case with cps and did everything to get my children back and still lost my rights in august of 2011. I am currently waiting on my appeal. And wanted to know if i had another child can that one be taken away from me as well.

Attorney Answers 2


  1. I don't practice in Illinois.

    I used to tell parents who had lost their parental rights that there would need to be some kind of new incident to bring them to the attention of CPS for CPS to take a child born after their rights had been terminated to other children. There has been a growing trend for hospitals to report to CPS when mothers who lost their children give birth and for CPS to then take those children based solely on the risk to the new child because of the factors that caused the loss of rights to the older children.

    You should check with the attorney representing you in your appeal about what the trends, practice and legal precedents are in regard to this issue in Urbana.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your area who regularly practices in the subject matter which your question is about. You should develop an attorney client relationship with the lawyer of your choice so that your communications will be subject to the attorney client privilege and have the other benefits of a professional relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific matter as partially described in the question.


  2. I don't practice in Illinois either, but would say I agree with the other attorney's response that Child Protective Services may get involved depending upon the circumstances behind the removal of your other child. If, for instance, it was for substance abuse, and drugs or alcohol were found in your system (or your newborn's) at birth, then definitely the hospital would report it (they would even if there had not been another removal). Or, if it were for some form of sexual or physical abuse, then protection services would likely become involved. If the termination was for something less egregious (like neglect or inability to afford things like housing or food) then it might be that the State would get involved in providing services rather than seeking to remove the newborn. I practice in NJ, and have seen parents who have had a child removed, sometimes DYFS will get involved with a newborn and other times they won't. Oftentimes parents will try to hide another pregnancy from DYFS (NJ's child protection agency) but that doesn't help matters.

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