What Happens If I Fail A Drug Test While Pregnant

The mother’s health directly affects the baby in the womb, right after you find yourself pregnant and after childbirth.

That is why health tests must be done at the right time and in full to ensure timely handling and treatment.

Among them, a test regarding drug abuse during pregnancy poses a lot of concern. But what happens if I fail a drug test while pregnant?

Is this a warning? And what do you need to do then? We’ll let you know in the next sections.

About The Drug Tests While Pregnant

What Happens If I Fail A Drug Test While Pregnant

Do doctors drug test during pregnancy? It’s possible, but not all pregnant mothers have to take this one as a part of universal screening. But why?   

The United States Supreme Court has certain rules for this test in pregnant women.

If it is done to report to the police a potential crime, a valid warrant or informed consent is required.

Otherwise, it will be illegal for the health care providers to test and report the situation.

However, what if this check was done for therapeutic purposes? Sometimes, a pregnant woman’s body will show symptoms or diseases.

Then health care professionals need to do a general examination to determine the treatment plan, which is completely acceptable.

How often do they drug test during pregnancy?

As mentioned above, this check is only carried on for a certain purpose, so the frequency and time of the check cannot be reported exactly.

We know the result will be based on the mother’s body, but do they always drug test newborns? And how far back does a drug test go on a newborn? This will depend on state regulations in the US, but most will not require it for newborns.

However, in special cases like North Dakota or Minnesota, testing will be done if complications occur after giving birth.

About the go-on time, the meconium and umbilical cord tissue testing of mothers provide a detection window for most of abuse that extends up to about 20 weeks before delivery.

What Happens If I Fail A Drug Test While Pregnant?

Can you fail a drug test while pregnant? The short answer is yes!

And there is a high chance that you will have to visit the CPS and take random test, receive proper treatment, or, in more severe cases, be accused of child abuse, get into jail or rehabilitation, and be deprived of parental rights.

Depending on the rules of each state, being a user while pregnant carries different legal ramifications.

Several states prioritize the child’s wellbeing over the mother’s, and some are tougher than others.

In general, when you are caught using illegal drugs, you may anticipate that there will be a cost associated with it.

There are many techniques to determine whether you’ve used banned substances.

Triggering A CPS Visit And Random Drug Tests 

Can you refuse a drug test during pregnancy? Unfortunately, if there is a role warrant or informed consent, the answer is no, and you must comply with the regulations.

The first possibility when this fails is triggering a Child Protective Service visit and random check.

To protect your unborn children, CPS reserves the right to order random tests to obtain accurate final results.

CPS can conduct it in two common ways:

  • Urine drug screening: Ninety percent of the time, urine tests are conducted. This kind of testing mostly uses diluted urine samples collected and examined in laboratories. Regular urine testing will help determine whether the patients use banned substances.

Similar to previous tests, the specific goal of this urine screening is to find any traces or signs of illegal substances and alcohol in a person’s system.

  • Saliva drug check: This one delivers a speedy result for any substance. You collect saliva from your mouth using a swab. This sample is examined for alcohol and illegal drugs that may have been consumed recently. Except for cannabis, which can only be detected 10 hours after usage, all other chemicals can be found using this method.

Certainly, there are some laws for CPS to carry on this one, such as:

  • Results of the tests should be validated by an accredited lab, approved by MRO, and admissible in court.
  • If a caseworker suspects a parent or caregiver’s threat to a child’s safety due to substance use, they should be drug tested within 48 hours.
  • State-by-state testing regulations differ, and investigations are carried by local legislation.

Receiving Drug Treatment 

Pregnant women are likely to receive the special treatment if the test does not give a negative result.

According to statistics from the American College of Obstetricians and Gynecologists (ACOG), in 2010, only 19 states designed special care for them.

The Criminal Justice System will administer treatment services for drug abuse mothers.

Each program may differ, but the common goal is to help them get used to a healthy lifestyle and stop using banned substances.

Some popular treatments that they may take: 

  • Detox service
  • Pediatric and maternity care
  • A healthy diet (such as the 21-day fix pregnancy program)
  • Pharmaceutical instruments
  • Counsel and therapy
  • Education and training in parenting 
  • Advisory services
  • Transitional assistance
  • Programs for post-treatment and preventing relapse

Being Accused Of Child Abuse 

Once the check has failed, CPS may ask you to do it again or report for authorizations to perform the test.

After being accused as child abuse, you may end up in court.

Depending on the situation, the court will make further decisions such as fines, rehab, or deprivation of custody in serious cases.

Getting Into Jail 

What happens if you test positive for drugs while pregnant? You might end up in jail!

Hold on! You don’t need to worry as this depends on the regulations of each region.

For example, South California and Alabama considered the use of opioids during pregnancy to be a criminal matter.

Or, in Tennessee, if the unborn kid exhibits any signs of illegal drug withdrawal, the mother may be considered committing a crime and sentenced to up to 15 years in prison.

Terminating Parental Rights 

If a mother consumes banned substances while pregnant, her parental rights may be terminated in several states.

According to laws in sixteen states, including Illinois, Texas, Florida, and more, using illegal narcotics while pregnant constitutes child abuse.

Seven other states, even without a statutory requirement, take the use of prenatal drugs into account when determining whether a kid is being abused, neglected, dependent, etc.

Probability Of Rehabilitation

In a positive scenario, you can get your child back after recovering from banned substances addiction or substance abuse.

However, while you are in recovery, you will miss important motherhood phases in your child’s life.

Moreover, a relapse could result in losing your child once more, and my mother should strictly follow the rules and detoxification process.


About The Drug Tests While Pregnant

What happens if I fail a drug test while pregnant? You already have the answer to the question

Consequences of prenatal drug exposure can range from mild, like receiving treatment, to very serious, like getting into jail.

So be prepared for the test during a prenatal visit.

Or, in the worst-case scenario, prepare timely solutions such as defense attorneys or other solutions if you are forced to appear in court.

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