[nesesweetgirl]

I was wondering if a baby is born + to drug(s), isn't that consisted child abuse? Or does it depend on the state/county? Also, do they consider TPR because of it?

[Kat-L]

Originally Posted by nesesweetgirl

I was wondering if a baby is born + to drug(s), isn't that consisted child abuse? Or does it depend on the state/county? Also, do they consider TPR because of it?

If a baby is born with drugs in his/her system, the baby is placed in foster care and the bio parents are given a case plan to complete by the judge-which usually includes drug treatment and random drug testing, parenting classes, etc. IF the parents complete the case plan, they get the baby back. If they do not stop using drugs, they can eventually go to TPR. The baby usually has to be in foster care for least a year before they will consider stopping services for the birthparents and changing the goal to adoption.

If the bio parents have already lost other children to adoption due to drug use, the baby may have concurrent planning. That means the goal is reunion AND adoption. The parents may have a shorter amount of time to clean up their act than a first time bioparent going through the system.

A newborn is never TPR'd JUST because of drug use in utero. The goal is always reunion FIRST, placement with relatives SECOND, adoption THIRD.

[nesesweetgirl]

Thank you very much for that. The mom has done drugs be4 the pregnacny, during, no prenatal, and then the day after the birth. She asked to sign her rights away the day of the birth but the cps sw won't let her. Now she's in jail. The mom was also told if she would take her baby back, she could do a shorter jail time.

[mama2-8]

The mom was also told if she would take her baby back, she could do a shorter jail time

Another baby without a voice!
The Child Abuse Prevention and Treatment Act (CAPTA) requires States to have policies and procedures in place to notify CPS of substance-exposed newborns (SENs) and to establish a plan of safe care for newborns identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.2 Several States currently address this requirement in their statutes. Approximately 15 States and the District of Columbia have specific reporting procedures for infants who show evidence at birth of having been exposed to drugs, alcohol, or other controlled substances, while 13 States and the District of Columbia include this type of exposure in their definitions of child abuse or neglect.3

Some States specify in statute the response the CPS agency must make to reports of substance-exposed newborns. Hawaii and Maine require the State agency to develop a plan of safe care for the infant. California, Maryland, Missouri, Nevada, and the District of Columbia require the agency to complete an assessment of the needs of the infant and the infant's family and make a referral to appropriate services. Illinois and Minnesota require mandated reporters to report when they suspect that pregnant women are substance abusers, so that the women can be referred for treatment.(childwelfare.gov)

CPS can't stop her from signing her rights, but they may not want her to do so if she has other kids in protective costudy, or if she has other children. If they TPR on one child its cause to TPR on subsequent children.

[Kat-L]

Originally Posted by nesesweetgirl

She asked to sign her rights away the day of the birth but the cps sw won't let her. .

NO ONE, including CPS, can stop a mom from making an adoption plan for her child. All the mom has to do is contact an adoption agency. Also, it's in CPS's best interests for the mom to sign away her rights and make an adoption plan with a private agency. Providing reunification services and foster care for an infant is expensive. The goal of a sw is to keep the child OUT of foster care-not to force a mom to keep a child IN foster care. Private adoption of an infant costs CPS nothing. Any private agency in the area can place that child with adoptive parents within hours. Therefore, I can't believe CPS would tell the mom NOT to make an adoption plan if that is what mom wants to do. It makes absolutely no sense at all.

As for other kids in custody, a VOLUNTARY signing away of a child doesn't mean the other kids will TPR. If a parents rights are terminated because they failed to complete a case plan, it can negatively affect them if they have other children brought into care. However, an adoption plan is NOT counted against a birth family. An adoption plan for a newborn isn't the same as having your rights terminated because you failed to complete a court appointed case plan.

The mom has done drugs be4 the pregnacny, during, no prenatal, and then the day after the birth

Unfortunately, that happens a LOT. A good portion of babies coming into foster care are drug exposed and had no prenatal care. It doesn't mean TPR, though. The parents still will have every opportunity to get clean and work a case plan in order to get custody.

The mom was also told if she would take her baby back, she could do a shorter jail time.

Depending on the crime and the amount of time she's looking at- that statement could be true. If she's a first time offender and looking at a sentence of 6 months to 2 years-a judge may give her the shorter sentence or suspend part of the sentence to allow her to work her case plan with CPS. Judges don't like splitting up families unless there is no other option.

[nesesweetgirl]

I live in the state of NC. When we got the call for a 6day old cocaine + girl, I went to the hospital to get her. I was informed at the hospital by the CPS worker, that the mom had given birth on a thursday. The mom told CPS that she didn't want the baby. The CPS worker told her to think about it a couple of days b4 signing anything. Friday morning she checks herself out and was arrested that evening due to drugs. She served a few weeks b/c of that, then went back to court for drug poss. charges from last year. Was suppose to serve 6 mths but as I said b4 about being good and the baby.
She has no other children, no job, no place to live, family very far away and they don't want or can't take of the baby. She has the father list down to 4 men, she received no prenatal b/c she didn't want the baby, she didn't stop doing the drugs b/c she was pregnant, she got a pretty good rap record b/c of drugs.etc..
I get upset talking and thinking about it. I'm scared what is going to happen is, she decide to take the baby back, travel out of state, starting doing drugs and the baby get left with somebody.
I reckin I just pray for the best for the baby.

[tenderlovingtreasure]

hang in there! I wish I could say it gets easier but if I did I would not be truthful to you. I will pray for your situation.

[Kat-L]

Originally Posted by nesesweetgirl

She has no other children, no job, no place to live, family very far away and they don't want or can't take of the baby. She has the father list down to 4 men, she received no prenatal b/c she didn't want the baby, she didn't stop doing the drugs b/c she was pregnant, she got a pretty good rap record b/c of drugs.etc...

It's very common to have a foster baby who's mom did drugs and got no prenatal care. Both of my daughters were drug exposed to crack and had no prenatal care. But as I've said, courts will NOT terminate her parental rights just because of a drug problem. Also, facing drug charges won't mean terminating her parental rights unless she'll be in prison for a significant amount of time. In cases like this, the courts try drug treatment, parenting classes, they will assist her in finding housing & work. If she completes everything within a year, they will give her back the baby. And if she HAS completed these things, she SHOULD get the baby back. Good mom or bad mom-she's still the mom and the baby is still her baby.

One of my current foster children has a mom who has no place to live, no family support and no job. The goal is STILL reunion and they are assisting her in finding a place to live and getting her the support she needs in order to parent. Being homeless or jobless doesn't equal TPR.

As for the possible dads, the court has to find them and do DNA testing on them. They have to make every possible effort to locate any possible fathers. This may mean checking registries, posting notices in newspapers, sending certified mail to previous addresses or to address that the MOTOR VEHICLES has on file..etc. Also, they can't terminate the rights of an unknown father without making every effort to locate him and make him aware of the baby. To do this, they usually post notices in the newspaper where the father may live. This takes time. With one of my foster babies, it took 2 months to find the actual father.

Once they find the father, they will see if he is a suitable parent. If he isn't, they will start a case plan for him just like they do for Mom. They will also look at members of his family. In my situation, the mom would not get clean, there was no maternal family members who could take custody, the dad also had a drug problem, BUT the dad's sister requested and got custody.

What will probably happen is: They'll start looking for the father, they will set up the mom with a case plan which will include completing a drug treatment plan, getting permanent housing and taking parenting classes, and look for family members who may not yet know about the baby.

If the mom completes her case plan, she SHOULD get her baby back. Her behavior during pregnancy was horrible but it doesn't mean she can't change. Also, because it's her first time dealing with CPS, they will give her every opportunity and assist her any way they can.

If she truly doesn't want the baby, she won't complete her case plan and her rights will be terminated. If none of her family members come forward and request to be evaluated for custody, the baby will stay with you-probably for a year. Then they move to TPR and go forward with adoption.

Please don't get your hopes up that the judge will TPR based on Mom's past behavior. You're in for a long rollercoaster ride through the system which will take at least a year. Also, just because you aren't aware of family members who want the baby doesn't mean they don't exist. CPS has to look at any family members (maternal & paternal) who ask for custody. It doesn't mean they'll get it. Sometimes, the bio family members have issues just like the bio parents-however, there may be GOOD family members out there who just don't know about the baby yet.

The baby won't be sent home to the mom if she still has an active drug habit and hasn't completed treatment. Also, CPS will continue to follow her to make sure they are doing well. She may indeed move out of state in the future and you'll always worry about the "what ifs" when a child leaves. However, please remember the goal is always REUNION until the judge says TPR. Try not to get your hopes up so early in a case. You're at the point now where anything could happen.

[Hadley2]

I'm guessing the mother, not knowing the difference, asked to relinquish to cps and cps wouldn't/couldn't let her (the state is not in the business of taking custody of children just because a parent doesn't want to be responsible)...stupid, though, if cps didn't suggest a private agency, then again, maybe the worker isn't allowed to suggest such a thing to her (rules against thwarting parents' efforts, deliberately disrupting a family, etc.). Perhaps someone else in contact with the birthmom could mention the option of private adoption to her (hospital sw's used to do this; perhaps they don't anymore because of the movement against pressuring young/single mothers to place).

Does the baby have a GAL who is an attorney? A CASA? I don't know what rules they have to follow, but perhaps one of them could ask her, given that it is documented that she requested relinquishment, if she had considered or understood about the private adoption option? It could be asked in a way that informs her neutrally. If she wants to place privately, it is her right and I'd think, as Kat-L said, that they'd be throwing the doors open for it.

[HappyMommy106]

Well explained, Kat-L. I agree with everything you described.

If mom was high on drugs when talking to a case worker and saying she would "give up the baby" - they really can't say much other than try to calm down the parent, get them clean and sober. And THEN mom can sign over her rights if she desires to. I know it's just a Hollywood movie, but watch (or read the book) "Losing Isiah".

Terminating your rights as a parent are a big legal deal. You really shouldn't be whacked out for it... reasons like informed consent, mental capactity, etc. We all have heard stories of people who terminated while addicted and then got clean & sober, found God, and big fight to get child back - and the legal grounds is always that parent was not in sound mind when surrendering.

Here's my advice. Mom goes into rehab/jail. You have custody. You should really try contacting and corresponding or visiting mom... show her that the baby is being cared for. Show her you are open to some level of contact. Don't make her an enemy. When mom is sober, she can voluntarily TPR through CPS.... she just can't do it right off the bat, when high.

Make sense?

[Kat-L]

Originally Posted by HappyMommy106

You should really try contacting and corresponding or visiting mom... show her that the baby is being cared for. Show her you are open to some level of contact.

That is VERY good advice. If Mom is considering relinquishing her rights, knowing the baby is happy and well cared for may make it easier for her to sign.

[nesesweetgirl]

Thank yall so much for all the advice, feedback, and positive thoughts. Some I didn't want to hear but it is just how it is and how life goes, if it didn't we would have a perfect world. And who wants that. haha.
Thank you HAPPYMOMMY for your advice, we do try our best to do shared parenting when ever possible. My husband knows I'm in the dumps about this but he just tells me, we have to love her while we got her. Thanks again everyone.

[ranoutofnames]

When A2 was born both she and bmom were HIGH off meth. The bmom stated she'd never received prenatal care because she didn't want the baby. Because she was HIGH (I mean really high) she couldn't legally sign any paperwork because she was under the influence (surrender papers specifically ask and are void if a person is under the influence or has utilized mind altering substances within 72 hrs of signing the paperwork.)

She had no housing (moved around between drug using friends), no job, and no family willing to take the baby. The bdad disappeared and although he knew the baby had been born he wanted NOTHING to do with her.

CPS obtained custody but because bmom seemed like a "loving" person they let her take the baby with her and she had to come in for weekly testing and follow a case plan to keep her baby.

After a couple of weeks she and the baby disappeared. An arrest warrant went out. When A2 was 3 months the bmom brought her into the office and handed her over to CPS and me. She couldn't tell me much about the baby so I figured she likely wasn't the person that had her the past couple of months.

I saw the bmom only two more times after this. The first time I saw her she told me the minute she met me she knew she'd found the right parent for her baby (I am SO glad I was pleasant to her and non-threatening our first meeting!) The second time she watched as her 6mo old infant kept her eyes glued to me when I arrived to pick her up. She could see for herself that A2 was well cared for and obviously had love for me.

To the bmom's credit she disappeared after that... she knew she couldn't offer A2 any type of life and didn't try to prolong the inevitable.

Still A2 was over 2yrs old before her adoption was completed... so even on a case where a child is drug exposed and abandoned you could still be looking at a long time before adoption could occur... provided you want to consider adopting this baby.