Voluntary drug test
I tested positive for Cocaine while pregnant. I just gave Birthday and my UA was clean. I take Suboxone which my OBGYN instructed me to stay on during pregnancy even though I wanted to come off. We met with CPS today and she told us this was just an assessment, not an open case. She told me I needed to go today to take a UA and after doing some reading I read that if I do a voluntary UA that even a prescribed med could be used against me. I told her I wasn’t going to be able to make it today and I will go tomorrow (I want to talk to an attorney 1st but I didn’t tell her that). She called my husband and said that it would look better if I went before midnight tonight and then said actually if I don’t the deal is off the table. I didn’t know there was a deal?!? This threat made me uncomfortable as what does 12 hours really matter? Then I started looking things up online and now I think it is in our best interest to wait. I am now done taking the Suboxone as I don’t want to jeopardize anything that happens in the future but I am also very worried that it does look bad. Is it in our best interest that I take a UA that isn’t court ordered and could it do more harm than good since I know that I have medication that will pull. I read that CPS can use a prescription med against us and say I am an unfit mother. Our baby is in the NICU right now for withdrawals from the Suboxone that my OBGYN told me to continue to take. I was up front from the getgo and did what my doctor told me to do and I think if I hadn’t had a positive UA we wouldn’t be in this position but I want our baby to be able to come home with us. I am sick to my stomach as is!
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The comment that the caseworker made of “or the deal is off” shows that you need to protect your interest.
Any case in which a child tests positive at birth for either a Schedule I controlled substance, including opiates, opiate derivatives, hallucinogens, stimulants, and depressants that have no legitimate medical use [as defined in § 18-18-203], or a Schedule II controlled substance, including any potentially addictive substance that is used or manufactured contrary to its current accepted medical use [as defined in § 18-18-204], unless the child tests positive for a Schedule II controlled substance as a result of the mother’s lawful intake of such substance as prescribed
Citation: Rev. Stat. § 19-3-401(3)(b)-(c) A newborn child who is in a hospital setting shall not be taken into temporary protective custody without an order of the court. The order must include findings that an emergency situation exists and that the newborn child is seriously endangered. A newborn child may be detained in a hospital by a law enforcement officer upon the recommendation of a county department of social services, a physician, a registered nurse, a licensed practical nurse, or a physician’s assistant while a court order is being pursued, but the newborn child must be released if a court order is denied. Court orders shall not be required in the following circumstances:
When a newborn child is identified by a physician, registered nurse, licensed practical nurse, or physician’s assistant engaged in the admission, care, or treatment of patients as being affected by substance abuse or demonstrating withdrawal symptoms resulting from prenatal drug exposure.
When the newborn child is subject to an environment exposing the newborn child to a laboratory for manufacturing controlled substances
Citation: Rev. Stat. § 19-3-102(1)(g) A child is neglected or dependent if the child tests positive at birth for either a Schedule I controlled substance, as defined in § 18-18-203, or a Schedule II controlled substance, as defined in § 18-18-204, unless the child tests positive for a Schedule II controlled substance as a result of the mother’s lawful intake of such substance as prescribed.
Notice where it states: “where it has no legitimate medical use.” Also notice that the last part says that you can have a Schedule II controlled substance show up on your UA as a result of your lawful intake of such substance as prescribed?
You may have been taking cocaine while you were pregnant, but your baby was not born with withdrawals because of cocaine. Your UA was clean of cocaine when the baby was born. It was born with withdrawals because of the prescribed Suboxone. That fulfills the law because it has a legitimate medical use.
1. Get a letter from your Dr. stating that he prescribed this medication for you and wanted you to take it through your pregnancy.