I took my 17 month old grandchild to the hospital for bronchitis. They said he had pneumonia and were going to admit him for observation. They did nothing except breathing treatments all night.The next day they did a drug screen analysis on my grandson "Due to the family history" There was no cause for this action. They also didn't tell my daughter about the supposed "High blood pressures" that he was supposed to be having. Although they were only checking his vitals every four hours. They secretly drug tested him without telling his mom about the test or supposed high blood pressures that had them so concerned. Funny thing is the tests were done by the pediatrician who ordered them not a lab technician . And they came back positive for methamphetamine and benzos. My daughter and her husband do have a history but she was due to have a C section and was clean. and had been. And even though she does mess with meth she definitely does NOT DO BENZODIAZEPINES! and doesn't have them laying around anywhere. they refuse d our request for confirmatory tests . and when my grandson was released into cps custody four days later they did a hair follicle test that was negative. Please help!
When a patient is admitted to a hospital, no express consent is required for such routine diagnostic testing as blood chemistries. The initial or admitting diagnosis does not limit the nature of the medical evaluation and treatment. Where illegal drugs are found in children, the involvement of CPS is pretty much mandatory and the primary focus becomes the protection of the child.
It is also all too common for families in denial to claim some undefined violation of law and rights as the failure of a family to protect a child from street drugs comes to light. These are losing arguments A child protection case will be commenced in court and the child will remain in the care of the state until CPS determines the child can be safely parented by the family.
Best wishes for an outcome you can accept, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
First, I hope you grandchild is feeling well now. My guess is that the doctor had some indications that the baby had drugs in his system and ordered the test to confirm. I know you are scared and probably worried about losing care if your grandchild. PLEASE don't lose sight of the fact that objective evidence showed that his body was in extreme stress and he was in real danger of you potentially losing him forever. If there is any chance at all that he did have those drugs in his system, wouldn't you want the medical and CPS professionals to do everything they could to protect him? Keep your focus on his well-being and be willing to do whatever you need to do to protect him, and I think everything will turn out. Best of luck to you.
Please note that answering this question does not make me your attorney. Please also note that an answer might be affected by specific state law or a specific document or situation in your case and should not be relied or acted upon as legal advice.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline