My husband and I currently have an open case with dcf because of a 51A filed against us for opiate use and another one previous to this one that was filed when I was in a subutex clinic for opiate dependent mothers, but I'm not sure why that one was filed. I've been in a suboxone clinic thru my whole pregnancy n had weed the whole time. I'm not sure if my dr told them that it was in my system this whole time but I just started going to a new clinic that may tell dcf about my weed use. We have been very cooperative w dcf n we have a pretty nice case worker but I'm still worried. If I fail for weed will they automatically take my baby? Or give me a chance to get it out of my system n retest me to see if I got clean? Plz help!
My colleague's answers are spot on. I would add that in my experience as an addictions counselor and attorney, I have found that many people who use opiates or other hard drugs regard weed as almost inconsequential relative to their drug of choice. The fact is that weed is still a drug, prevents you from achieving sobriety, and may prevent you from keeping custody of your baby. Therefore, it may be the most harmful drug in your life at present. I urge you to take sobriety and parenthood seriously.
Gary S. Sinclair is an attorney licensed to practice in Massachusetts. All answers are based on Massachusetts law or a simple reading of the law in your jurisdiction. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to your question. The information provided should NOT be relied upon for making legal decisions. You will be best served by hiring an attorney in your area who specializes in the field of law pertinent to your question.
However "cooperative" DCF is, its concern will be the welfare of the child, period. If you AND your husband continue to use, there is the strong likelihood that DCF will take your child for his or her protection. The simple answer is that you and your husband need to get clean and be in, and stay in, treatment. Getting the drugs "out of your system" one time to beat a test will not fool DCF, and will not help unless it is the beginning of a sustained effort to get and stay clean. Good luck, but commitment to getting clean permanently is what is needed now.
Using pot while you're pregnant is hardly good for your unborn child. Further, since your service plan calls for you to be clean. you risk losing a lot of the goodwill which you may have built up with the caseworker, because caseworkers do not like finding out that they've been conned.
It's not enough to get clean in the hope of passing one test -- your usage is going to catch up with you sooner or later if you don't commit to staying clean. If you give birth when you are using and the drugs show up in the baby's system, you can pretty much be assured that DCF will ask the judge to remove your kids.
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.
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