Can my friend (a heroin addict) get custody of her newborn from child protective services?

Question

She had a baby last week and because of her addiction, child protective services has it held in the hospital. Is there any chance that any judge would let her live with her child (in a friend or relative's house) prior to completing a rehab program and proving that she is clean and can take care of the child? does any have any experience with child protective services and the court system?

Answer 1

No, they are not going to let her do that. They are only interested in protecting the baby and if your friend wants her baby back then she is going to have to do what CPS tells her, however she may be allowed supervised visitation and another  family member may be allowed to take temporary custody of the child.

Answer 2

My sister had her kids taken because she is a cocaine/alcohol addict. The baby daddy was also a cocaine addict. Visitation will start out as closely supervised by CPS and, if the parents do well and there are relatives who are willing to supervise, it's possible that visitation can be supervised by someone else. Kids are almost never returned before the parent has 1 year clean. This is demonstrated by random urine drug tests and occasional hair follicle tests. They do not necessarily have to go to treatment. Baby daddy didn't but has stayed off drugs and so he's getting custody. If there is a responsible and reliable relative willing to take custody in the interim, then the court and CPS would prefer to let them have custody. If the parents are able to stay clean, custody is almost always awarded back to the parent. If she does well, she may be allowed to move in with the person the children are placed with. My sister was after about 9 months. She had several relapses early on. Maybe your friend will be able to kick it sooner though. Good luck.

Answer 3

No, convicted drug addicts cannot have their children back until they complete a rehab program successfully. CPS could care less about her feelings. They are looking out for the best interest of the child.

Her drug-free family members could possibly get temporary custody of the child though.