Expert: Jacqui - 10/6/2009

Question
QUESTION: Jacqui, I am really in shock now! My husband finally got ahold of the CPS caseworker this morning & she said that both of our hair strand tests came back. Mine was ONLY positive for codeine! No cocaine, and my methadone didn't even show up! How is this possible? I take 50 mg every day! And is the codeine the Vicodin that I had taken? She said because my test had codeine in it, that she is filing for removal of my child! I told her I have taken vicodin & she told me to take my prescription bottle up to the CPS office for them to look into it. And here's the 2nd shocker: my husband tested positive for cocaine! This is a 57 yr old disabled man that's never done drugs & half the time won't even take his meds that are prescribed! In the past year he has been on methadone, vicodin, neurontin, blood pressure, sleep meds, another type of pain pill, OTC cold meds, etc. So now these people are going to take our little boy from us & this CPS lady wasn't even going to call us & tell us. And all day I've been trying to call her again & she won't call back. I can't believe this! Our little boy has NEVER been abused & we don't use drugs & despite our pasts we are good parents now. Please I don't even know what to do at this point. Any ideas? And I feel like all this is my fault because I told a counselor about the fight that my husband & I got into & although our son wasn't involved, she called CPS & reported the fight & told them our baby was there present when it happened. I should of never went to this counselor. I thought she was there to help me through my depression not get my child taken from me! I am so devastated & my husband is too & I know he blames me for all this, too. I feel like giving up, but can't because my son needs me.

ANSWER: Hey Susan,

Right now I think you need to get legal representation.  Try the ACLU or the Texas Legal Services Center (http://www.tlsc.org/)  It will be really important that you are represented and you have someone who knows the system and what the laws are.  I don't think that they can take a child just because you are using codiene, but you do need someone who is expert in that area of law to provide support for you.

Stay strong and please let me know how you go.

Jacqui

---------- FOLLOW-UP ----------

QUESTION: jacqui, I can't see how they can take a child just for being positive for codeine either! The CPS lady was just determined to see my drug test dirty for ANYTHING! She was so sure it was going to come back dirty for coke or meth & when it didn't.... I still don't understand where the codeine is coming from-according to my dr & it's documented in my records, I'm allergic to codeine- I got sick from it a long time ago & from what I understand that's why they always gave me hydrocodone-a dr told me that Vicodin is synthetic codeine & won't make me sick. So my vicodin wouldn't be what's showing up as codeine would it? My husbands Vicodin didn't show up in his strand test either. But he hardly takes it or the methadone either. His dr actually got on his case for having too many of his pills left over every month-told him he needs to start taking them every day. Does that sound like a drug addict? Not to mention he weighs 300 lbs! This is just ridiculous they are trying to make us out to be crackheads! People on coke HAVE to use it every day-they just don't have a barely there positive like it was a one time use on a drug test! Something is not right here. The lady finally called me back, she said she's going to turn in our lists of meds to the lab & if they say any of it is false positives that she won't ask for the court order. But I have the feeling that she'll find a way to say the tests are dirty for things we weren't supposed to be taking! And I asked her if she needed our medical records from the hospitals because we both have been either at the e.r. or in my case hospitalized twice in the last year- there's no tellin what kind of meds we've been given. She said no in a real rude way! So yes, I think we do need legal rep. I am emailing these org. you sent me. God, I hope they can help us. And if you believe in God or a higher power please pray for us and Bubba, our little boy. Thank you for everything, Susan

Answer
Hey Susan,

Sorry that I had a few of your msgs built up (I have to answer each one individually or the system gets really angry!).  I stupidly broke my big toe and haven't been near a computer!!!  Anyway, I think you are right to get the reports from the hospital.  Loads of medications can show up in drug tests (a drug is a drug whether it is legal or not).

Keep in touch and stay strong!

Jacqui