Legal Consequences of Positive Drug Tests in Newborns. When a mother abuses drugs, her unborn child has a greater risk of seizures, respiratory problems, feeding difficulties, low birth weight, and may even die. 1 In many cases, it’s a matter of an untreated addiction. The mother is unwilling or unable to stop abusing drugs despite…
Can a positive drug test be taken from a newborn? Positive drug test in a newborn is considered part of welfare law. In these states, child protective services have the right to take the child away from the mother to prevent further abuse and neglect.
What happens if you have a positive drug test? In Massachusetts, Arizona, Virginia, Alaska and Illinois, medical professionals must report positive drug tests to Child Protection Services. A report could lead to investigations of both parents to see if they are fit to raise the child. In worst-case scenarios, mothers can lose their parental rights.
Why do they have to test babies at birth? Drug Testing Babies at Birth. This will ensure that physicians and hospitals that are involved in this testing are protected, and will also decrease the chance of any bias. If any child’s test reports are positive, a second test should be conducted to confirm the result of the first one.
What are the Texas Newborn drug testing laws? What are the Texas newborn drug testing laws? There are currently no newborn drug testing laws in Texas. The mandatory newborn screening only tests for certain medical conditions and disorders, and not drug use. Pregnancy and drug addiction is a concern throughout the U.S.
What happens if a newborn tests positive for drugs?
What happens if a newborn tests positive for drugs? What happens if a newborn tests positive for drugs? When a newborn baby tests positive for drugs, the consequences could involve removing the child from maternal custody through the state or an agency like child protective services.
Is it legal to drug test a new baby? Even though it isn’t required by federal law to drug test all mothers and new babies for NAS, some states have legislation to protect infants. In certain states, women can be charged criminally, while other states consider it child abuse, and therefore the responsibility of Child Protective Services.
Can a newborn be tested for meconium after birth? Evaluation and Interpretation of Results. Drugs administered to the newborn after birth may be detected in meconium, if the meconium is collected after drug administration. Negative results do not exclude the possibility that a mother used drugs during pregnancy; only the drugs targeted by the testing can be detected.
Why do they have to test babies at birth? Drug Testing Babies at Birth. This will ensure that physicians and hospitals that are involved in this testing are protected, and will also decrease the chance of any bias. If any child’s test reports are positive, a second test should be conducted to confirm the result of the first one.
