Children removed for medical neglect, and unstable home/job. Drugs were always suspected yet both my husband and I tested negative with all follicle and urinalysis tests. Mental health court(2 years), drug screens, and counseling were completed for myself via court conditions. Stable home for four years now, and husband has the same employer for four years. Before I graduated MHC CPS told me they didn't think we made enough changes and terminated our parental rights(We willingly did an open adoption to my parents and are still allowed to see the children). That case closed in 2017. I am currently pregnant and about to give birth, was drug tested at the hospital(negative), and am worried that CPS will take custody of the newborn. I don't have health insurance(little to no prenatal care but blood tests/ultrasounds state baby and myself are healthy. I have a pediatrician ready to see my newborn for the first two appointments, and my husband and I purchased Blue Cross Blue Shield insurance for the first of the year. So I guess my question is would CPS have grounds to remove the newborn even though I completed everything, we're still in stable conditions, and have abstained from drugs?
CAN CPS remove the child? Yes. It that likely assuming all facts you have stated as to your current situation are true (drug-free, safe and stable home, stable income, stable mental and physical health, no domestic violence, etc.)? No, it is not likely. However, there appears to be some disconnect from the facts of the past in regard to the ultimate outcome, which makes me question what may be missing from the history. You may wish to have a private lawyer on stand-by should CPS intervene following the birth.
Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.
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