advice for deceased toddler with a positive THC level

[Proserpina]

Thank you.

We was together when his son was still alive, we both contacted judges, officers, child support ect, asked people for the physical address where she is, we was told we would be got for harassement when he was only trying to see his son. I was in this with him, and I seen what he dealth with, but I kindly disagree with you that it is somewhat my concern, especially when I to this day get emails at her rubbing it in that she kept his child away and thinks its funny we couldnt find her and threats ect.

The point is the police done no investigation, and its illegal to posess drugs, and the child had thc in his system. Im not bashing pot smokers, if they want to smoke so be it, but it would be nice if they had the audacity to not do it or bring it around children. The fact is that there are tons of infants and toddlers testing positive for THC even small amounts and the Parents are being charged. That is my biggest issue here. There is evidence of THC, brain swelling, eye discoloration, hematomas ect. I stated some of those was my opinion I never stated them to be factual, or never said that they could prove what I thought. But the blood test and findings is proof of illegal substance that was possesed and smoked around the child. The brusing, brain swelling ect is evidence that something happend. I never said THC exposure killed him, I did state that there is evidence that supports it has caused infants lungs to collapse. In this case yes I wondered, but no matter what, any kind of smoke around a toddler with pneumonia in both lungs sure isnt going to help with the breathing problem or pneumonia itself.

I simply wanted to know if anyone could advise anything that could possibly be done. If it was anyone else out there and their child tested positive for THC or any other drug the parent would have been charged and the child would have been placed in state custody period.

He does live with it and beat himself up every day, but he did do what he could, he tried and tried and begged for help, asked people for advice, and all we got was the run around pretty much.

But thank you for your advice.

That's simply not true.

 

[justalayman]

and the child had thc in his system

how much? what was the actual level of thc in the blood?

 

[Proserpina]

how much? what was the actual level of thc in the blood?

That's an excellent question.

 

[nightsky78]

If he was the legal father, he would not have needed a court ordered DNA test.

All that is pretty moot now though.

hi, thanks for the advice. we knew this and tried telling his ex that, but she is one of those people who lies and tries to get restraining orders and abuse it in an attempt to get custody of her child because she was mad, It didnt work and was threw out, and the judge told her she couldnt keep the child away from the father and if they could not agree that they needed to hire an attorney. She pulled the oh I dont know who the father is bull in front of the judge. He just stated that if she is unsure who the father is they needed to probably get a dna. Anyhow she kept sending him messages laughing making jokes telling him he will never see his son, he will never find her and so on. She even harassed his parents lauging saying they would never see thier grandson, and of course that really did happen bc he passed away.

My fiance called child support for help bc he though if he started a case and paid child support they could or would help get her address and it would help and give him rights to see his son. He explained what she was pulling to child support and they said for his peace of mind they would find her address contact her and do a dna, because she was now making claims its not his son. Well child support stated they would do a dna and send her letters, and that when the test came back proving it was his son then he could start paying money for his son, and it would help some in the matter. Well sad to say but 6 months later his son was deceased when someone finally offered a little bit of help after getting the run around over and over.

 

[nightsky78]

how much? what was the actual level of thc in the blood?[/QUOT

it stated there was 100 nanograms

 

[Proserpina]

hi, thanks for the advice. we knew this and tried telling his ex that, but she is one of those people who lies and tries to get restraining orders and abuse it in an attempt to get custody of her child because she was mad, It didnt work and was threw out, and the judge told her she couldnt keep the child away from the father and if they could not agree that they needed to hire an attorney. She pulled the oh I dont know who the father is bull in front of the judge. He just stated that if she is unsure who the father is they needed to probably get a dna. Anyhow she kept sending him messages laughing making jokes telling him he will never see his son, he will never find her and so on. She even harassed his parents lauging saying they would never see thier grandson, and of course that really did happen bc he passed away.

My fiance called child support for help bc he though if he started a case and paid child support they could or would help get her address and it would help and give him rights to see his son. He explained what she was pulling to child support and they said for his peace of mind they would find her address contact her and do a dna, because she was now making claims its not his son. Well child support stated they would do a dna and send her letters, and that when the test came back proving it was his son then he could start paying money for his son, and it would help some in the matter. Well sad to say but 6 months later his son was deceased when someone finally offered a little bit of help after getting the run around over and over.

Look.

He was either the legal father - which means he could have started custody proceedings and/or child support himself WITHOUT a DNA test, or he wasn't.

I'm not convinced that you have all of the details.

And really - Child Support told him that they'd track her down and do a DNA paternity test?

 

[nightsky78]

That's simply not true.

Ok, Ill restate it. In my opinion if it was anyone elses child, the parent would have been charged, and child taken into state custody. Now a fact, of the people that live in my community, some known personally, when their toddler and young kids tested postive for different types of drugs, they did have child endangerment charges against them and their children was put in state custody. They were charged. In fact this is the FIRST I have seen where there was not any charges.

 

[Proserpina]

Ok, Ill restate it. In my opinion if it was anyone elses child, the parent would have been charged, and child taken into state custody. Now a fact, of the people that live in my community, some known personally, when their toddler and young kids tested postive for different types of drugs, they did have child endangerment charges against them and their children was put in state custody. They were charged. In fact this is the FIRST I have seen where there was not any charges.

A child testing positive for meth and/or heroin is generally seen as an entirely different matter than a child testing positive for THC.

But, as ecm stated, it's moot. You have no standing, we don't even know whether your boyfriend is the legal father at this point, and besides - no matter what the ME's report stated there was apparently not enough to prosecute.

He can't force the issue. That's about all there is to it.

 

[nightsky78]

Look.

He was either the legal father - which means he could have started custody proceedings and/or child support himself WITHOUT a DNA test, or he wasn't.

I'm not convinced that you have all of the details.

And really - Child Support told him that they'd track her down and do a DNA paternity test?

When my fiancee contacted them, he explained what was going on that he was trying to see his son, and what she was doing to keep his son away. He said he wanted to pay child support. ( I am relaying what we was told by child support)
He told child support he wanted to start paying and wanted to see if she was recieving any type of public assistance to see if that would help find her. Child support told him to send in a copy of his sons birth cert. He did. They then stated they would get her address, send out a letter ordering a DNA test after they rec DNA papers from her. They said they needed to have her send back papers. It was pretty much a way to help track her down.

 

[nightsky78]

A child testing positive for meth and/or heroin is generally seen as an entirely different matter than a child testing positive for THC.

But, as ecm stated, it's moot. You have no standing, we don't even know whether your boyfriend is the legal father at this point, and besides - no matter what the ME's report stated there was apparently not enough to prosecute.

He can't force the issue. That's about all there is to it.

Yeah I understand. I appreciate all the advice and replies.

 

[nightsky78]

A child testing positive for meth and/or heroin is generally seen as an entirely different matter than a child testing positive for THC.

But, as ecm stated, it's moot. You have no standing, we don't even know whether your boyfriend is the legal father at this point, and besides - no matter what the ME's report stated there was apparently not enough to prosecute.

He can't force the issue. That's about all there is to it.

That is true, but there was parents who their children only had THC and it was very very small amounts, and they did file charges and take the children, but I guess its different with each individual.

 

[justalayman]

Ok, Ill restate it. In my opinion if it was anyone elses child, the parent would have been charged, and child taken into state custody. Now a fact, of the people that live in my community, some known personally, when their toddler and young kids tested postive for different types of drugs, they did have child endangerment charges against them and their children was put in state custody. They were charged. In fact this is the FIRST I have seen where there was not any charges.

but there is a difference between a child, living, that is endangered and a child that is already deceased. The THC is not the cause of death. Is simply shows that the child was exposed to MJ. Since the child is already deceased, endangerment is no longer a consideration and since the THC is not the cause of death, it is nothing more than a fact.


If the DA had a reason to believe the child died at that hand of another, they would have investigated this (and they actually might have). Apparently there was not enough evidence to either convince the DA of the possibility or if there was, there wasn't enough evidence to charge anybody. There is nothing you can do about that.

Now, what your fiance can do is if he believes the mother caused the death, he can sue the mother. Other than that, this is done.

 

[nightsky78]

how much? what was the actual level of thc in the blood?

there was 100 nanograms in the blood

 

[nightsky78]

but there is a difference between a child, living, that is endangered and a child that is already deceased. The THC is not the cause of death. Is simply shows that the child was exposed to MJ. Since the child is already deceased, endangerment is no longer a consideration and since the THC is not the cause of death, it is nothing more than a fact.


If the DA had a reason to believe the child died at that hand of another, they would have investigated this (and they actually might have). Apparently there was not enough evidence to either convince the DA of the possibility or if there was, there wasn't enough evidence to charge anybody. There is nothing you can do about that.

Now, what your fiance can do is if he believes the mother caused the death, he can sue the mother. Other than that, this is done.

yeah true.

 

[Proserpina]

When my fiancee contacted them, he explained what was going on that he was trying to see his son, and what she was doing to keep his son away. He said he wanted to pay child support. ( I am relaying what we was told by child support)
He told child support he wanted to start paying and wanted to see if she was recieving any type of public assistance to see if that would help find her. Child support told him to send in a copy of his sons birth cert. He did. They then stated they would get her address, send out a letter ordering a DNA test after they rec DNA papers from her. They said they needed to have her send back papers. It was pretty much a way to help track her down.

I'm sorry, I'm not buying this for a moment.

You do understand that CSE has absolutely no say over custody and visitation, correct? They will not get involved?