bagel mom strikes back!! May the force be with you !

Cnn: Mom Sues Hospital and CPS in False positive

PITTSBURGH -- The American Civil Liberties Union has filed a lawsuit on behalf of the parents whose newborn daughter was taken away after the mother failed a hospital drug test because she had eaten a bagel. Elizabeth Mort gave birth to her daughter, Isabella, at Jameson Hospital in Lawrence County in April. Three days after the birth, caseworkers with the county's Children and Youth Services department took the infant. Mort said it wasn't until the police arrived that she learned she had tested positive for drugs while in the hospital.

Just so we are all on the same page....orginal thread here...

Now back to the story:

Channel 4 Action News' Bob Mayo reported that the lawsuit claims Jameson Hospital uses a lower threshold for a positive drug screening than federal guidelines, leading to a higher rate of false positives. The suit says the hospital’s policy, where a screen is considered positive for opiates at 300 nanograms/mL or above, is far below federal workplace guidelines, which are set at 2000 nanograms/mL. The suit also claims Jameson's policy of screening for drugs and reporting positive results to CYS is not required by federal or state law.

As you read, there has been an intense discussion on the original ATS thread over this....

It seems the ACLU is actually getting involved....

Speaking to reporters, ACLU lawyer Sara Rose said the family has filed the lawsuit because, "They want to make sure that the nightmare that they experienced never happens to another parent."

Seems the great behemoth of "not wanting to do anything " has decided that their WAS ......

a CIVIL RIGHTS violations...

I am just shocked..



I thought it was said this was legal.....

could someone explain it to an "ignorant american"

google search

This gives access to multiple sites that carried the story...

I believe it will be this court

The mission of the United States District Court for the Western District of Pennsylvania

Now for the other side of the state incase i am wrong

eastern district pa

the eastern district should not be it... it is close to ohio border side but who knows...

middle district

nor should it be the middle


not finding it on justia... interesting...

Justia

so...

ACLU pa couple

ACLU-PA FILES LAWSUIT ON BEHALF OF PARENTS WHOSE NEWBORN WAS SEIZED AFTER MOM'S POPPY-SEED BAGEL CAUSED POSITIVE DRUG TEST

.

I am not a lawyer, but the best thing the CPS agency can do is surrender and pay...

they can not afford this case to go to trial...

here is the main reason why

According to the lawsuit, Jameson Hospital, where Mort gave birth, uses a much lower threshold for a positive drug screening than federal guidelines, leading to a higher rate of false positives. Jameson has a policy of testing all maternity patients for drugs and requires its staff to notify LCCYS of a positive drug test. Neither practice is required by federal or state law. According to the hospital's policy, a screen is considered positive for opiates at 300 nanograms/mL or above. Federal work-place guidelines, in contrast, are set at 2000 nanograms/mL to avoid false positives from common foods and medicines.

not required is the key word... not required...

I wish that mother the best of luck with her lawsuit. Hopefully it will bring some much needed change to the system.

When Lawrence County Children and Youth Services workers, accompanied by police, came to take Isabella, she said, "I held her for a few minutes, and they took her and left. I was devastated. I just cried and cried and cried."

My heart goes out to her. No parent should ever have to go through this, but it happens all the time. This has to stop.