Rights to first child terminated; now have new child. HELP!!

[natsteel]

What is the name of your state? NY

Here's our situation:
Our baby was born April 1st, at Bellevue Hospital NYC. The mother and I are both clean and on Methadone programs (her 1 year, me two years). I have no previous children or ACS involvement. The mother has two other children: a 6 year old girl who, it seems she has lost her parental rights to and has no contact with, and a 2 year old boy who lives with her aunt in the Bronx and who we visit regularly. Neither case was an ACS removal - she turned temp custody over both times voluntarily but now ACS is saying that they have an "indicated" finding saying that she was abusing drugs around the time she turned her son over to her aunt. This "finding" was made after the fact and without the knowledge of the mother - meaning she didn't even know they were investigating her or had made a claim against her. The matter had already been settled.

NOW: The baby and mother tested postive ONLY for the methadone she is prescribed at her program. However, we live in NJ and only had the baby in NY because we just moved out of state and all her prenatal appts had been there. At her last appt they decided to induce her. The caseworker at the hospital called ACS and claimed the baby was toxic (but didn't tell them that it was methadone and the mother had a prescription) and that we were homeless and had nothing for the baby. When we told them we lived in NJ DYFS came out to the house and saw where we lived and everything we had for the baby and told us everything was OK. ACS went to a judge last week and he declined the case and now they are going back this week with the only new piece of info they have is this "indicated" case and the fact that her rights were terminated to her first child. Her indicated case was not an abuse or neglect charge - it was something like insufficient guardianship - but the find was made without ever talking to her.

What I want to know is: why would a judge put restrictions on the baby living with the mother if she hasn't done anything wrong now? Her past mistakes had to do with having a drug problem and she is in current outpatient methadone treatment with letters from her counselors verifying her progress and abstinence for the last year. What are our rights here and how can we fight this??

I am desperate for help.

Mike Hattem

 

[seniorjudge]

What is the name of your state? NY

Here's our situation:
Our baby was born April 1st, at Bellevue Hospital NYC. The mother and I are both clean and on Methadone programs (her 1 year, me two years). I have no previous children or ACS involvement. The mother has two other children: a 6 year old girl who, it seems she has lost her parental rights to and has no contact with, and a 2 year old boy who lives with her aunt in the Bronx and who we visit regularly. Neither case was an ACS removal - she turned temp custody over both times voluntarily but now ACS is saying that they have an "indicated" finding saying that she was abusing drugs around the time she turned her son over to her aunt. This "finding" was made after the fact and without the knowledge of the mother - meaning she didn't even know they were investigating her or had made a claim against her. The matter had already been settled.

NOW: The baby and mother tested postive ONLY for the methadone she is prescribed at her program. However, we live in NJ and only had the baby in NY because we just moved out of state and all her prenatal appts had been there. At her last appt they decided to induce her. The caseworker at the hospital called ACS and claimed the baby was toxic (but didn't tell them that it was methadone and the mother had a prescription) and that we were homeless and had nothing for the baby. When we told them we lived in NJ DYFS came out to the house and saw where we lived and everything we had for the baby and told us everything was OK. ACS went to a judge last week and he declined the case and now they are going back this week with the only new piece of info they have is this "indicated" case and the fact that her rights were terminated to her first child. Her indicated case was not an abuse or neglect charge - it was something like insufficient guardianship - but the find was made without ever talking to her.

What I want to know is: why would a judge put restrictions on the baby living with the mother if she hasn't done anything wrong now? Her past mistakes had to do with having a drug problem and she is in current outpatient methadone treatment with letters from her counselors verifying her progress and abstinence for the last year. What are our rights here and how can we fight this??

I am desperate for help.

Mike Hattem

Q: What I want to know is: why would a judge put restrictions on the baby living with the mother if she hasn't done anything wrong now?

A: The baby and mother tested postive ONLY for the methadone she is prescribed at her program which is child abuse.

 

[natsteel]

How is that child abuse?? It's a prescribed medication. No different than a baby testing positive for any medications the parent would be taking with a legal prescription. What is the difference?

Mike

 

[THE PRACTICE-35]

My response:

I didn't realize sidewalk refrigerator boxes come equipped with computers. Well, I learn something new every day.

IAAL

 

[natsteel]

is that supposed to be helpful?? The caseworker claimed we were homeless because we only had a mailing address left in NYS because we had already moved to NJ. We told her all of this when she first visited with us. She willfully misrepresented the facts and lied to have a reason to call ACS because she didn't otherwise.

The woman at ACS already took all that information to the judge the first time concerning the programs and he denied the case then... In NYS you can be on methadone programs and have a child and as long as the child is only born with what is prescribed to the mother and the mother is clean of everything but her prescription.

tp35: you also just learned you're an ***%^&. Well you probably already knew that.

Anyone with intelligence help out??

Mike

 

[shell007]

is that supposed to be helpful?? The caseworker claimed we were homeless because we only had a mailing address left in NYS because we had already moved to NJ. We told her all of this when she first visited with us. She willfully misrepresented the facts and lied to have a reason to call ACS because she didn't otherwise.

The woman at ACS already took all that information to the judge the first time concerning the programs and he denied the case then... In NYS you can be on methadone programs and have a child and as long as the child is only born with what is prescribed to the mother and the mother is clean of everything but her prescription.

tp35: you also just learned you're an ***%^&. Well you probably already knew that.

Anyone with intelligence help out??

Mike

Since you seem to have all of the answeres....why are you posting here????

Are you going to argue every point that is brought up, or are you looking for correct legal advice, and willing to put your personal feelings/attitude aside?

 

[Just Blue]

is that supposed to be helpful?? The caseworker claimed we were homeless because we only had a mailing address left in NYSE because we had already moved to NJ. We told her all of this when she first visited with us. She willfully misrepresented the facts and lied to have a reason to call AC'S because she didn't otherwise.

The woman at AC'S already took all that information to the judge the first time concerning the programs and he denied the case then... In NYSE you can be on methadone programs and have a child and as long as the child is only born with what is prescribed to the mother and the mother is clean of everything but her prescription.

Twp: you also just learned you're an ***%^&. Well you probably already knew that.

Anyone with intelligence help out??

Mike

How nice it is that you don't see forcing addiction on a helpless baby as abuse...Did it ever occur to this "woman" not to take narcotics while pregnant? I wonder what kind of neurological problems this poor baby will have due to the selfishness of this "mother"....

 

[shell007]

How nice it is that you don't see forcing addiction on a helpless baby as abuse...Did it ever occur to this "woman" not to take narcotics while pregnant? I wonder what kind of neurological problems this poor baby will have due to the selfishness of this "mother"....

From what I've heard....meth. addicts are self-absorbed.

This OP won't understand what we are saying no matter how many times we type it, or how many languages we type it in.

 

[Silverplum]

As it turns out, you've insulted the only lawyer to respond to you thus far.

Intelligence is relative, Mikey. Relative to what, you ask? Well, IAAL is an attorney with an attitude; you are an addict with huge self-made problems.

 

[Just Blue]

From what I've heard....meth. addicts are self-absorbed.

This OP won't understand what we are saying no matter how many times we type it, or how many languages we type it in.

ALL addicts are self-absorbed...that is the nature of the beast! To actually use an argument that the Narcotics was prescribed so that it is okay to take while pregnant is the epitome of selfish! This baby was bombarded with methadone from start to finish...probably has neurological damage, will most likely suffer form behavioral issues forever and this pos is wondering why CPS is involved? Both of them should be sterilized! If they want to pollute their own brains and bodies that is there choice but to do that to children is criminal!!

 

[shell007]

ALL addicts are self-absorbed...that is the nature of the beast! To actually use an argument that the Narcotics was prescribed so that it is okay to take while pregnant is the epitome of selfish! This baby was bombarded with methadone from start to finish...probably has neurological damage, will most likely suffer form behavioral issues forever and this pos is wondering why CPS is involved? Both of them should be sterilized! If they want to pollute their own brains and bodies that is there choice but to do that to children is criminal!!

My sister is a social worker, and the stories she tells blows me away.

What this OP is saying does not suprise me a bit.

 

[AHA]

is that supposed to be helpful?? The caseworker claimed we were homeless because we only had a mailing address left in NYS because we had already moved to NJ. We told her all of this when she first visited with us. She willfully misrepresented the facts and lied to have a reason to call ACS because she didn't otherwise.

The woman at ACS already took all that information to the judge the first time concerning the programs and he denied the case then... In NYS you can be on methadone programs and have a child and as long as the child is only born with what is prescribed to the mother and the mother is clean of everything but her prescription.

tp35: you also just learned you're an ***%^&. Well you probably already knew that.

Anyone with intelligence help out??

Mike

Surely any adult would know that any amount of serious drugs taken during a pregnancy will affect the fetus in a bad way???!!!!!

So after an entire year of being "clean", she's STILL hooked on the drug?? Makes the statement of "being clean" a bit loopy, to say the least!

 

[LdiJ]

I applaud both you and mom for getting the necessary treatment to overcome your addictions. That is a very positive step and I hope that both of you are able to have a permanent recovery.

It wasn't a good idea to have a baby so soon into your recovery programs. The reality of things is that the methadone wasn't healthy for the baby and the baby is going to have issues to deal with as a result. That is why you are getting slammed. Plus, mom had to have gotten pregnant within months of beginning treatment.....and that isn't a good sign for permanent recovery.

What the two of you need now is a VERY good attorney....or you need to leave mom and petition for custody of your child. At the very least you need to get a consult with an attorney. You really are at risk of losing your child....therefore you have to put the best interest of the child first.

 

[nextwife]

How is that child abuse?? It's a prescribed medication. No different than a baby testing positive for any medications the parent would be taking with a legal prescription. What is the difference?

Mike

Mike, when pregnant, everything that is not specifically authorized by the OB must be discontinued immediately. No smokes, no alchohol, nothing that is not necessary to preserve the life of the mother (such as insulin for a diabetic), and that is not being monitored by the OB. Meds "prescribed" that may be ok if NOT pregnant must often be discontinued when pregnant.

I DOUBT her ob/gyn gave her the okey-dokey to continue methedone. It IS prenatal child abuse. It can Permanently damage the baby when they are exposed in utero.

 

[Just Blue]

Mike, when pregnant, everything that is not specifically authorized by the OB must be discontinued immediately. No smokes, no alchohol, nothing that is not necessary to preserve the life of the mother (such as insulin for a diabetic), and that is not being monitored by the OB. Meds "prescribed" that may be ok if NOT pregnant must often be discontinued when pregnant.

I DOUBT her ob/gyn gave her the okey-dokey to continue methadone. It IS prenatal child abuse. It can Permanently damage the baby when they are exposed in utero.

Junkies will tell them selves anything to justify their actions...I bet she popped her methadone pill and told herself she was doing Jr. a favor...after all...at least she wasn't shooting heroin...And I am sure both of the other children were born addicted...