[Pgo1989]

In the state of Kansas what can happen to a child if both the mother and chlid have meth in there bloood stream? My step-daughters mom has just had a baby and was and still is a meth user.She has another child as well. Im just wondering what will happen to her (as in legal charges) and the children? Will a grandparent be giving the chance to care for the children while the mother seeks help.

[JudyKayTee]

The child will most likely be put in the care of Child Protective Services while custody/guardianship is sorted out. She won't get a chance to seek help - she will be forced into treatment or rehab. She could lose custody permanently once the child tests positive.

[ScottGem]

This is assuming someone reports it. The OB/Gyn or hospital should be reporting it.

[JudyKayTee]

It's an automatic test for newborns in Kansas and reporting is mandated by law.

CPS is not required to put a treatment plan in place. That is the Court's decision.

I did find a case where the mother was charged with endangering her unborn child.

[AK lawyer]

It's an automatic test for newborns in Kansas and reporting is mandated by law.
....

Interesting. Can you link to something please? I ask because, if I understand correctly what you are saying, I see serious civil liberty concerns.

[JudyKayTee]

My sister's a social worker - let me ask her where she got it. (She just left.)

[J_9]

This is becoming more mainstream.

I'm not sure about Kansas, but here in Tennessee, if a mother admits to drug use and/or the admitting nurse has suspicion of drug use, this is reported to the physician. The physician then orders a UDS on mom and a UDS and meconium drug screen on baby.

We are not permittied to do drug screenings on all women, only those that admit to drug use or present with certain signs and symptoms of apparent drug use.

If baby's drug screens are positive, the information is then turned over to CPS.

[JudyKayTee]

J9, I was looking for you and here you are! I'm still researching Kansas and so far don't have an answer.

But I'm looking.

[J_9]

Keep it up Judy! I was at work last night so I was restricted to what sites I could view and I'm on my kindle now, so can't search very well.

I do know that in Texas, the mother of a neonate with a positive diagnosis of NAS (Neonatal Abstinence Syndrome) can be prosecuted for child endangerment.

With the increase of certain infant illnesses as well as an increase in preterm laborious and deliveries these tests have become more common. We started this initiative January 1st in my very rural hospital. This has been gaining speed since, if memory serves me correctly, 2009 in many urban and metropolitan areas.

[Fr_Chuck]

Normally if tested, the mother will lose custody temp to CPS and a family member will have to file to get guardianship of child. Nothing is automatic