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blizzardcamper · Dec 29, 2008, 08:03 AM

I was administered a drug test and I tested positive for marijuana before I gave birth to my first Son in Westchester, NY, I hear that it is illegal that I be tested without my consent especially if the baby tests negative and is PERFECTLY healthy, afterwards I had CPS sending me to all kinds of programs and throwing all types of threats, I don't even get to be a mother... what do I do.. is this illegal? Can I fight it?

cdad · Dec 29, 2008, 02:03 PM

Originally Posted by blizzardcamper

I was administered a drug test and I tested positive for marijuana before I gave birth to my first Son in Westchester, NY, I hear that it is illegal that I be tested without my consent especially if the baby tests negative and is PERFECTLY healthy, afterwards I had CPS sending me to all kinds of programs and throwing all types of threats, I dont even get to be a mother... what do I do.. is this illegal? Can i fight it?

How long before you delivered the child was this drug test ? It might be something you consented to and didn't even know it. As far as CPS is concerned are you doing as they ask ? Did they take your child away ? Are you staying away from drugs ?

JudyKayTee · Dec 29, 2008, 03:26 PM

Originally Posted by blizzardcamper

I was administered a drug test and I tested positive for marijuana before I gave birth to my first Son in Westchester, NY, I hear that it is illegal that I be tested without my consent especially if the baby tests negative and is PERFECTLY healthy, afterwards I had CPS sending me to all kinds of programs and throwing all types of threats, I dont even get to be a mother... what do I do.. is this illegal? Can i fight it?

It's illegal in NYS to smoke marijuana and if you do you can be arrested. You can also lose custody of your child/children. I don't understand how a test was run without your knowledge and consent.

I am "assuming" there was probable cause - plenty of people who post here have had children and as far as I know none of us was ever forced to take a drug test. I know I wasn't.

But, either way - it's not all about whether your baby was born healthy. It's whether your child stays healthy, tests healthy, was exposed to marijuana in your womb - and if you tested positive there's a legal argument to be made concerning your possible lack of good judgment which could affect your ability to parent your child.

Yes, you can fight CPS. Retain an Attorney. In view of your other posts concerning violation of probation, loss of your drivers license for failure to pay support it probably would be a good idea to retain an Attorney for all of these matters.