Posts Tagged ‘Child Protective Services’

Poppy seed bagel triggers drug test (again), CPS gets involved (again)

Sitcom plots come to life: mom of newborn reported to state after poppy seed bagel triggers positive opiate test, baby kept in hospital for five days [Zuri Davis, Reason; Chaunie Brusie, Everyday Family; Baltimore County, Md.]

Longtime readers of Overlawyered know that this is not the first time around for this fact pattern. See “Mom ate poppy seed dressing, state holds baby for 75 days” and earlier; Radley Balko reported in 2014 that two lawsuits involving the same western Pennsylvania hospital and county children’s services department were both settled for substantial sums and a third case had been filed against another hospital in the same region. See also re-jailing of halfway house inmate from 2010 (Florida), as well as Dubai airport madness.

Schools and childhood roundup

May 30 roundup

  • “Leave your 13-year-old home alone? Police can take her into custody under Illinois law” [Jeffrey Schwab, Illinois Policy]
  • So many stars to sue: Huang v. leading Hollywood names [Kevin Underhill, Lowering the Bar]
  • Morgan Spurlock’s claim in 2004’s Super Size Me of eating only McDonald’s food for a month and coming out as a physical wreck with liver damage was one that later researchers failed to replicate; now confessional memoir sheds further doubt on baseline assertions essential to the famous documentary [Phelim McAleer, WSJ]
  • If you’ve seen those “1500 missing immigrant kids” stories — and especially if you’ve helped spread them — you might want to check out some of these threads and links [Josie Duffy Rice, Dara Lind, Rich Lowry]
  • “Antitrust Enforcement by State Attorney Generals,” Federalist Society podcast with Adam Biegel, Vic Domen, Jennifer Thomson, Jeffrey Oliver, and Ian Conner]
  • “The lopsided House vote for treating assaults on cops as federal crimes is a bipartisan portrait in cowardice.” [Jacob Sullum, more, Scott Greenfield, earlier on hate crimes model for “Protect and Serve Act”]

Schools and childhood roundup

Update: “Judge determines couple with low IQs can parent both their boys”

“Four years after their son was first placed into foster care, a Deschutes County judge has determined that Amy Fabbrini and Eric Ziegler can parent both their boys.” The couple’s infant had been restored to them by a court ruling three weeks ago; now “4-year-old Christopher is on a track to come home as well. Both boys have spent nearly their entire lives in foster care based on the state’s concerns that Fabbrini and Ziegler were intellectually incapable of caring for their children,” though no abuse has been alleged. [Samantha Swindler, Oregonian; earlier]

Joyous reunion: low-IQ Oregon couple get custody of their youngest back

“Four days before Christmas, a Redmond couple received their miracle. Amy Fabbrini and Eric Ziegler’s 10-month-old son Hunter will spend his first Christmas at home after a judge found the couple’s limited cognitive abilities did not make them unfit to parent.” But the ruling does not reverse the termination of the couple’s parental rights over 4-year-old son Christopher, who is deemed to have more complex needs because of developmental hurdles; they will be back next month in court to fight that. [Samantha Swindler, Oregonian] I’ve written about the case here and here.

A Canadian hair-analysis lab and its fateful findings

“Motherisk, a once-respected lab inside [Canada’s premier] Hospital for Sick Children, performed tests for more than 100 child welfare providers in five provinces, an investigation reveals.” The lab performed hair-strand drug and alcohol tests “on at least 25,000 people across Canada. The tests were discredited, but not before they were used in at least eight criminal cases and thousands of child protection cases. Now, many of those cases are under review.” While many of the cases drew on evidence other than the hair tests, false positives for drug or alcohol abuse could be a factor in temporary or permanent removal of children from parents [Toronto Star]

In British Columbia, a mother is desperate to convince the children she lost years ago that she didn’t choose drugs over them.

In Nova Scotia, a 7-year-old girl prays for her brother, who was adopted into another family.

And in Ontario, a mother whose daughters were taken shortly after they were born is waiting for a reunion that may never come.

More on questionable crime labs: Radley Balko on a new Massachusetts scandal (not the big previous one); John Oliver.