When Children are Exposed to Drugs
Drug use during pregnancy is a relatively common problem. Surveys have shown that nearly 6% of pregnant women use illicit drugs during pregnancy. Because drug use during pregnancy can potentially harm a fetus, federal law requires state CPS agencies maintain a protocol for when babies are born with drugs in their system or showing drug withdrawals. New Jersey, however, does not view drug use during pregnancy as constituting child abuse or neglect on its own, unlike other states. Abuse or neglect can only be determined after a child is born.
What Will DCP&P Do?
So, what happens when a mother tests positive for drugs during pregnancy? The DCP&P cannot make any determinations until the child is born, at which point it will assess whether the child suffered any actual harm as a result of the mother’s drug use. If hospital workers or clinic workers who received the test results feel the child could suffer harm, they may notify the DCP&P. The DCP&P will most likely conduct an investigation involving a review of the child’s health records—once born—a substance abuse evaluation of the mother, and an evaluation of the child’s home environment among other methods. While the mother is still pregnant, however, she may receive counseling on the effects of drug use. Drug use during pregnancy may also disqualify a mother from certain assistance programs if she is receiving assisted drug treatment or medical care. These actions are separate from what the DCP&P will do, which is only concerned with the safety of the child.
What Happens If You Test Positive For Drugs During Pregnancy?
If you test positive for drug use during pregnancy in New Jersey, it does not automatically mean the state will remove your baby or that you will face neglect charges. However, it can trigger closer monitoring once the child is born. Hospital staff may file a report with the Division of Child Protection and Permanency (DCP&P) if they believe the newborn could be at risk. After birth, the state agency typically reviews medical records to determine whether the baby was affected by drug exposure, such as withdrawal symptoms, low birth weight or developmental issues. The focus of the DCP&P is whether actual harm or risk of harm occurred after the child’s birth, not during pregnancy itself.
During the DCP&P investigation, you may be asked to complete a substance use evaluation or participate in voluntary drug treatment programs. Cooperation with these steps can make a positive impression on investigators and may help you demonstrate your commitment to your child’s health and safety. If the state agency determines the baby is healthy and you have taken appropriate steps to address any drug concerns, the case may close without further action. Because every situation is unique, having an experienced New Jersey child neglect attorney on your side ensures that your rights are protected and that you know how to respond to investigators properly.
Again, if you tested positive for drug use during pregnancy and are worried about what will happen, you should speak with an attorney. An experienced New Jersey child abuse defense attorney can explain what will happen in the investigation and explain the laws that apply to your specific case. An attorney can also help you take steps to minimize the effect of DCP&P involvement, such as going through drug treatment. Lastly, an attorney can inform you of your rights and help you protect them.
Can CPS Take Your Child If The Mother Tested Positive For Drugs During Pregnancy?
In New Jersey, the Division of Child Protection and Permanency (DCP&P) cannot remove a child based solely on a mother’s positive drug test during pregnancy. The law requires proof that a newborn has been harmed or is at significant risk of harm after birth. This means that if a baby is born healthy, shows no signs of withdrawal and receives proper medical care, the state generally cannot substantiate abuse or neglect based only on prenatal drug use.
However, if the newborn tests positive for controlled substances or displays symptoms of withdrawal or developmental problems linked to maternal drug use, the DCP&P may take further action. Investigators could seek a temporary custody order through the New Jersey Family Court if they believe the child’s health or safety is in immediate danger. In such cases, the court may hold an emergency hearing to decide whether the baby should remain with the parents or be temporarily placed in foster care. The court also considers whether the parent is engaged in treatment, has stable housing and can safely care for the newborn.
Facing state involvement in such a sensitive situation can be overwhelming. That’s why it’s essential to have a skilled New Jersey child abuse defense lawyer who understands how the DCP&P and the Family Court handle cases involving prenatal drug exposure. The attorneys at Williams Law Group, LLC can help you prepare evidence of your progress in treatment, compliance with medical care and ability to provide a safe home for your baby. If you’ve tested positive during pregnancy or been contacted by the DCP&P, reach out today to protect your parental rights and ensure your family’s future remains secure.
Our Experienced Child Custody Lawyers Can Help You
Are you worried about what CPS will do? If so, Williams Law Group, LLC can help. Our skilled attorneys can advise you of your rights and help you defend yourself against the DCP&P. Located in Short Hills, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 810-1083, email us at info@awilliamslawgroup.com, or contact us through our confidential online form to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child custody attorney.