Mother test for drugs without knowing

What is the name of your state (only U.S. law)? Florida

My best friend just had her baby 4/21 and after delivery via c-section she was beginning to breast feed. Then out of no where the doctor and nurse came in, told her she had tested positive for trace amounts of THC and told her she would not be allowed to breast feed, then took her baby to the nursery. They contacted CPS, and are also going to test the baby. She did not sign any consent form, nor did any member of the staff inform her she was being tested. She just recently moved to FL from CO, where whe had a medical license to smoke marijuana because she is a cancer patient. My questions are 1. Was it legal to test her in the first place? She believed this was common practice, but I informed her I was never tested with all four of my childrens births, (the most recent in 08) nor asked if I would submit to one. 2. Now that this can or worms is open what are her options legally? Can they really prevent a mother from breastfeeding? I have never heard of anything like this. Thanks for any help!!

cereuspet said:

What is the name of your state (only U.S. law)? Florida

My best friend just had her baby 4/21 and after delivery via c-section she was beginning to breast feed. Then out of no where the doctor and nurse came in, told her she had tested positive for trace amounts of THC and told her she would not be allowed to breast feed, then took her baby to the nursery. They contacted CPS, and are also going to test the baby. She did not sign any consent form, nor did any member of the staff inform her she was being tested. She just recently moved to FL from CO, where whe had a medical license to smoke marijuana because she is a cancer patient. My questions are 1. Was it legal to test her in the first place? She believed this was common practice, but I informed her I was never tested with all four of my childrens births, (the most recent in 08) nor asked if I would submit to one. 2. Now that this can or worms is open what are her options legally? Can they really prevent a mother from breastfeeding? I have never heard of anything like this. Thanks for any help!!

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Damn straight they can prevent a mother from breatfeeding

The can of worms was opened the day your pregnant friend put her baby's life in danger by being a pot head. What, she couldn't wait a few months to light up???

Yes, this was legal.

cereuspet said:

What is the name of your state (only U.S. law)? Florida

My best friend just had her baby 4/21 and after delivery via c-section she was beginning to breast feed. Then out of no where the doctor and nurse came in, told her she had tested positive for trace amounts of THC and told her she would not be allowed to breast feed, then took her baby to the nursery. They contacted CPS, and are also going to test the baby. She did not sign any consent form, nor did any member of the staff inform her she was being tested. She just recently moved to FL from CO, where whe had a medical license to smoke marijuana because she is a cancer patient. My questions are 1. Was it legal to test her in the first place? She believed this was common practice, but I informed her I was never tested with all four of my childrens births, (the most recent in 08) nor asked if I would submit to one. 2. Now that this can or worms is open what are her options legally? Can they really prevent a mother from breastfeeding? I have never heard of anything like this. Thanks for any help!!

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Most interesting.

Not my area. Someone will stop in and discuss, for sure.

Your friend needs to get a lawyer immediately.

cereuspet said:

What is the name of your state (only U.S. law)? Florida

My best friend just had her baby 4/21 and after delivery via c-section she was beginning to breast feed. Then out of no where the doctor and nurse came in, told her she had tested positive for trace amounts of THC and told her she would not be allowed to breast feed, then took her baby to the nursery. They contacted CPS, and are also going to test the baby. She did not sign any consent form, nor did any member of the staff inform her she was being tested. She just recently moved to FL from CO, where whe had a medical license to smoke marijuana because she is a cancer patient. My questions are 1. Was it legal to test her in the first place? She believed this was common practice, but I informed her I was never tested with all four of my childrens births, (the most recent in 08) nor asked if I would submit to one. 2. Now that this can or worms is open what are her options legally? Can they really prevent a mother from breastfeeding? I have never heard of anything like this. Thanks for any help!!

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How do you KNOW you weren't tested? And, are you SURE you didn't authorize the test? I'd bet you did (ie: all lab tests deemed medically necessary)

This applies to the pot-head mommy who had her kid yesterday too.

cereuspet said:

What is the name of your state (only U.S. law)? Florida

My best friend just had her baby 4/21 and after delivery via c-section she was beginning to breast feed. Then out of no where the doctor and nurse came in, told her she had tested positive for trace amounts of THC and told her she would not be allowed to breast feed, then took her baby to the nursery.

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This is standard procedure. Why would the hospital allow mom to continue to possibly transmit addititional illegal substances to the child?

cereuspet said:

They contacted CPS, and are also going to test the baby.

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Thank God! This is their duty. They suspect that maltreatment of the child occurred in utero and are doing what they can to prevent any further abuse.

cereuspet said:

She did not sign any consent form, nor did any member of the staff inform her she was being tested.

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She didin't have to. CPS and/or the MD on call probably got it ordered.

cereuspet said:

She just recently moved to FL from CO, where whe had a medical license to smoke marijuana because she is a cancer patient.

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'Cept for the fact that medicinal marijuana would not be ordered for a pregnant cancer patient, and if it was (which I highly doubt!), her FL doctor would have obtained copies of her CO medical records indicating the RX for the marijuana, and thereby reducing the suspicion level for neglect.

cereuspet said:

My questions are 1. Was it legal to test her in the first place? She believed this was common practice, but I informed her I was never tested with all four of my childrens births, (the most recent in 08) nor asked if I would submit to one.

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It is absolutely legal. Jsut like if the hospital staff believed that Mom was on crack or heroin, they would have the obligation report thier supsicions, mom would be tested and the baby as well, and espcially if Mom popped positive.

cereuspet said:

2. Now that this can or worms is open what are her options legally?

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Contact a lawyer and jump through every hoop CPS has for her. Or risk losing her child.

cereuspet said:

Can they really prevent a mother from breastfeeding? I have never heard of anything like this. Thanks for any help!!

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Absolutely. There are legal and illegal pharmaceuticals than can be transmitted from mom to baby via breastmilk.


I have seen this happen--only the drug was meth. Mom was high at birth and tested, and baby was tested after birth. Mom was not permitted any access to the infant in the hospital.

1. Was it legal to test her in the first place

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yes

? She believed this was common practice, but I informed her I was never tested with all four of my childrens births, (the most recent in 08) nor asked if I would submit to one.

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you were likely tested. If you weren't, then apparently the hospital had no reason to believe you should be tested. Some hospitals do it out of a matter of standard practice.

2. Now that this can or worms is open what are her options legally? Can they really prevent a mother from breastfeeding? I have never heard of anything like this. Thanks for any help!!

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yes, they can prevent her from getting her child high via breast feeding. Her options, legally, are to wait and see what happens from here. There have actually been cases of child endangerment charges in some states where a drug user mother tested positive for drugs.

and the claim of it being medical marijuana; so? There are a lot of legal medications (in fact, almost all of them) that a pregnant woman should not take while pregnant. Just because it is legal doesn't mean it isn't going to harm the unborn child.

She just recently moved to FL from CO, where whe had a medical license to smoke marijuana because she is a cancer patient

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Guess what; it is illegal in Florida. There is no MM exceptions in Florida. If she was in the state for more than a very short time, she was illegally smoking marijuana while pregnant.