My nephew is 3 months old and I know that the dad dose drugs maybe more than one type but the mom used too but quit but still allows the father even though the baby and dad are in same room small room so he is smoking pot around my nephew and nobody else is doing anything if the father were gone there would be no problem with her keeping him but until then I want to take custody without my nephew being put into foster care of any kind (North Carolina) is the state there in what are the steps I need to take I welcome all help and answers

On this site, enter North Carolina, #1. For #2, under Child Abuse Neglect (CAN), click on Mandatory Reporters of Child Abuse and Neglect and Parental Drug Use As Child Abuse (they are one right after the other so easy to find). And, of course any other options that suit your situation. Under Child Welfare, click on Placement of Children with Relatives, toward the bottom of that part of the list. This is an excellent resource!

State Statutes

Based on this information, and only going on what you've provided, you do need to report this to CPS. When you do, you can state that you are a relative and would be available immediately for placement IF NEEDED. If he has some stuff stashed in the house, more than likely, it will be needed. Which means that she, the mom, runs the risk of being arrested as well. You can ask that along with your identity as reporter, your offer of relative placement also be kept as confidential collateral information.

Most states (meaning CPS) will place a child with a relative for temporary (or longer) foster care. It's a whole lot cheaper (or can be, anyway) than what it would cost for foster care and there usually are not a lot of foster homes available. You will have to go through background checks (along with any other adult in the home) and jump through any other paperwork hoops they put you through including scheduling a medical appointment for the child within so many days if that's not something they take care of at initial assessment.

The thing to be careful about... know what kind of emotions to expect from the parents and your other family members and be willing to deal with the backlash, should there be any. Good luck to you, I'm glad you have the child's safety at heart.