When a Mother Is Arrested for Doing Drugs While Pregnant…?

Question by **Jessica**: When a mother is arrested for doing drugs while pregnant…?
She and the baby tested positive for meth,methadone pills, and some other pills.( I dont know the correct terms for those drugs) She was in jail for about 2 mths, she is now out. Her baby is in foster care (since birth) . From what I hear she has failed every drug test that department of human resources has had her take. I am wondering how long by state law do mothers usually stay in jail for these kinds of things? She has been in and out of rehabs the lat 4 years. She has aborted two children and gave two up for adoption. This is my uncles girlfriend, he is in jail for the same thing. He is willing to sign his rights away to me and she was when she was in jail, now that she is out she is wanting to “keep” the baby. How many drug tests can she fail before the DHR will take her baby from her and not give her a chance ? Doesnt family come first when it comes to adopting the baby? We live in Alabama and just need advice on what to do.
I just wanted to add a few details for ya guys .. DHR done the paternity test last week, as soon as that gets established and he is on the birth certificate, DHR can talk to me. There isnt a doubt in my mind that it his child though. They should have the results in soon and my uncle stated that he would have them to contact us/ect as soon as they give him the results so they could talk to us. Its just so stressful !! My mom and dad are already raising two of his children from a prev relationship. They are 4 and 7. Its all just a mess. I really hate all of this and we will not watch another child being drug in and out of the foster care system.
And yeah my uncle supports it all the way. He knows that neither of them are ready to be parents and not for a long time if they ever are. She was all up for it until she got out of jail and we werent bringing her money and stuff. She is now cussing us out and told us to leave her alone. My uncle stated that she is the sweetest person *which she has been pretty much* until she gets back on heavy drugs and that she would go crazy like this ,yell scream and get emotional. He assures us not to worry that everything will work out and that he would make sure that we would get the baby.

Best answer:

Answer by Dean C
She will have to complete some type of parenting program to keep the child, including passing drug tests. If she fails at any of it the state will seek to terminate her parental rights. That could take 6months to a year depending how long she drags it out.
They will look at family to adopt the baby but you will have to go thru the normal inspections and procedures to be approved

Answer by Dr T
sounds like all you have to do is wait it out. she is going to hang herself, it’s just a matter of time. contact the dhr NOW and volunteer to take custody. tell them it’s your uncles baby and you want to keep it in the family. will your uncle support this? if you can get custody now, when ma hits bottom it will just about be a done deal.

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