Child-related matters are found in Sec. 2151 of the Ohio Revised Code. http://codes.ohio.gov/orc/2151
Courts take into consideration the parents' mental and/or substance abuse problems in determining what is in the best interests of the child. Your history could come up if child protective services becomes involved. Before the best interests of your child are taken into consideration, it must be shown that your child is either neglected, abused, or dependent.
I have represented parents who were criminally prosecuted for child abuse, because their child was exposed to marijuana smoke. Courts have held that, in and of itself, that is child abuse.
I suggest you immediately cease using illegal drugs and/or abusing alcohol. Furthermore, you should seek out counseling if you need it to deal with substance abuse problems (NA and/or AA). It is best if you treat your problems before CPS becomes involved.
Also, if your doctor suspects that your child is neglected, abused, or dependent, he or she is required by law to notify CPS.
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Yes, children's services can step in and take your child away. You need to acknowledge and address your substance abuse issues (and/or taking other medications like a "chill pill") and get help. Get an assessment and start a treatment program. Show that you are making an effort to stop your illegal activity. Otherwise, yes, the State can take your boy away from you. Good luck!
If CPS investigates and finds that the child is endangered they can most definitely remove him from the home.
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