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What will DCF do about a premature baby testing positive for THC?

Melbourne, FL |

My wife and I are good, upstanding citizens, and role-model parents. Our 3 year old daughter is an amazing prodigy, and we wouldn't change anything. We occasionally smoke marijuana away from home. My wife was primarily using it at the beginning stages of her pregnancy to ease the nausea and allow her to have an appetite, but we both partake on occasion. The new baby tested positive for marijuana, and DCF now wants to do a Home-Visit. What else happens after this, and how can I best protect myself from having our newborn son taken away from us?

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Attorney answers 2


A child testing positive for illegal drugs at birth is automatic grounds for dependency, so they could remove your son and take you to court if they chose, or they could direct file, which means take you to court but leave your child in the home. You may want to retain an attorney familiar with dependency cases to assist you even before you find out if they plan to file anything in court. You also shouldn't post on here about drug use.

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******


First, stop posting admissions online. Second, Stop smoking! Third, consult with a local attorney who is experienced in dependency issues because this is a legitimate reason to remove your child from your home. Good Luck. I can't stress enough to get an attorney.

B. Elaine Jones, Esq.

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