Because of the opiate epidemic, many hospitals are routinely drug testing newborns. Fifteen states, including Massachusetts, have laws requiring health care workers to report to authorities if they suspect a woman is abusing drugs during pregnancy.
Do they do a drug test when you give birth?
When you’re admitted for delivery at the hospital, your urine may be tested for drugs; this should be ideally communicated to you and is required to be noted on the hospital’s consent forms.
Do hospitals drug test new moms?
Prenatal and postpartum drug testing is rarely conducted on all obstetrics patients that enter a hospital; it’s cumbersome, expensive and as some see it, unnecessary.
Can I refuse a drug test on my newborn?
ACOG states, “Urine drug testing has also been used to detect or confirm suspected substance use, but should be performed only with the patient’s consent and in compliance with state laws.” However, newborn infants may be tested without the mother’s consent.
Can CPS take my child if I fail a drug test?
Yes, CPS can take your child. If CPS investigates a report and believes the child to be in danger, it can remove the child from an unsafe environment.
What states require newborn drug testing?
Most states do not have a law that requires hospitals to test infants and new moms for controlled substances. In Minnesota and North Dakota, a test is required if there are drug-related complications at birth.
How long does drugs stay in a unborn baby’s system?
These tests detect recent use of cocaine and its metabolites, amphetamines, marijuana, barbiturates, and opiates. Cocaine can be detected in urine 6-8 hours after use in the mother and as long as 48-72 hours after use in the newborn.
Can you refuse a drug test while pregnant?
The United States Supreme Court has ruled that hospital workers cannot test pregnant women for use of illegal drugs without their informed consent or a valid warrant if the purpose is to alert the police to a potential crime.
How far back does a drug test go on a newborn?
The detection window for most drugs of abuse in meconium and umbilical cord tissue testing is up to approximately 20 weeks prior to birth.
How far back can meconium detect drug use?
Meconium begins to form between the 12th and 16th week of gestation. Meconium drug testing can detect maternal drug use during the last 4 to 5 months of pregnancy. A negative result does not exclude the possibility that a mother used drugs during pregnancy.
What kind of drug test do cps use?
When a decision is made to use drug testing, the preferred method of the Department is urinalysis testing.
What happens if a parent fails a drug test?
If a party fails a court ordered drug test, then the court may deny them custody of the child. However, courts are not keen on severing all ties between child and parents. Therefore, while the parent can be denied custody, they may still retain some visitation rights.
What are my rights as a parent with CPS?
Parents and guardians have the right to deny any allegations made by CPS. Parents always have the right to an attorney throughout the entire process, including a court-appointed one if a family cannot afford one on their own. Parents also have the right to attend all court hearings pertaining to their case.