Child Protective Services

[CannaMomma]

To make a long story short, CPS has been to my house 3 times in the past three months (from two calls from an ex) based on medical marijuana complaints. Needless to say, everything checked out fine and the case will be closed again until the next needless phone call. CPS in my area is pretty fair, as long as you are within the Act and cannabis is nowhere where the children can get it. The lady who came out yesterday actually told me she was happy that my kids were so knowledgable about what was going on and knew what they couldn't do, but that it was medicine for sick people.

 

However, in my 'interview', they asked me about my medical status, medical issues, and what medicines I take. That was immediately followed up by informing me that because they were called, they have to notify both of my ex's (the one who called and the one who could care less) about what is going on and that I was within the law. How is it legal to call the ex that called on me and explain that because I have a severe b12 deficiency and use medical marijuana for my muscle spasms?

[newbie313]

How is it legal.for them to ask about private medical information?

[CannaMomma]

I do not know how most of the things they asked are legal.

 

What does domestic violence in a previous relationship where I was the victim have to do with me being a MM patient or a good parent?

[Letterhead954]

This is amazing. If I called the police and told them my ex was using oxy, would they pay her a visit? Of course not. Then why mmj? If they do come, showing them your card should be sufficient, with no further questions asked.

[CannaMomma]

The first time they came out was about 3 months ago, days before Christmas. They had a laundry list of ridiculous complaints: smoking cannabis right next to the kids, the kids could access it, I let the kids go into rooms, that I had security cameras and our Pit bulls were aggressive. Thankfully after seeing the paperwork of mine, the locked rooms, how sweet the pooches were, and the fact that I at that time was just a caregiver... I just had a follow up visit.

 

The follow up was fine. She talked to my two kids that are old enough to carry a conversation and they informed her all about 'plant medicine' and how it helps sick people. She was amazed that my oldest son (6.5) knew about spidermites and thought she was an idiot for not knowing what they were.

 

This time was the same type of visit, under the muse of "Edibles are where children can eat them". This claim was made by my ex who hasn't been to my house in over a year and a half, who sees my son 3 times a year, and is irate because he has a bench warrant & a suspended licence due to his failure to pay support. Apparently, his lack of responsibility is my fault and I needed to be punished with a CPS visit. *eyeroll* This is also the same ex who has been in and out of jail for DUIs and rehab a dozen times, but thats okay because it is "federally legal". I am pretty sure drunk driving is not legal, but he forgets that part.

 

With all that being said, it doesn't bother me when they come out. I like them checking out the place and seeing first hand that I am not only in full compliance with the law, but maintain safety for my children with all of my locks and security devices. However, it was not anyone's business before I became a patient what my medical status and prescription list was (and there was plenty to the point of having a lock box for them) and it is not anyone's business now that I am a patient. I am just unaware of why a phone call giving any personal information needs to be given. At that point, it just gives non-custodial parents the red flag that they can find out everything from financial information to medical information if they wrongfully call CPS.

[AgainstOppression]

I am understanding dhs people more, venom spit their way is always met with recourse. I have to say in most recent hearings involving them, the dhs is pretty familiar with the law now. That is good news..

[Kevin]

No one is asking the important question: What gives them authority and power to take our children on a whim?

 

Answer: Our children are not actually our children. They are property of the state and here's why:

 

It is not necessary for a couple to petition the state for permission to marry, as it is not otherwise illegal to marry unless one or both of the marrying party is incompetent. By asking state permission, you certify this. All issue from that state sanctioned marriage is property of the state. Parens Patriae basically means the state or the gov't is the parent. The original record of live birth of the child goes to the Dept of Vital Statistics which is a subsidiary of the Dept of Commerce which is where the gov't keeps track of its property and assets. Our birth certificates are then used as collateral for loans. I didn't believe it at first either but it's true. Look it up.

 

 

Peace.

[CannaMomma]

No one is asking the important question: What gives them authority and power to take our children on a whim?

 

Answer: Our children are not actually our children. They are property of the state and here's why:

 

It is not necessary for a couple to petition the state for permission to marry, as it is not otherwise illegal to marry unless one or both of the marrying party is incompetent. By asking state permission, you certify this. All issue from that state sanctioned marriage is property of the state. Parens Patriae basically means the state or the gov't is the parent. The original record of live birth of the child goes to the Dept of Vital Statistics which is a subsidiary of the Dept of Commerce which is where the gov't keeps track of its property and assets. Our birth certificates are then used as collateral for loans. I didn't believe it at first either but it's true. Look it up.

 

 

Peace.

 

Well, I guess good thing my son still does not have a birth certificate or a soc number because the State of Michigan is dragging their feet. It's not just MM cards they cannot get out on time.

[+wolfgang]

we too had to deal with CPS a yr ago with our grandson,(long story but there is a crazy person that has it out for us)but he didnt even live with us when we got a call,I refused to let them in my house. They stalked my son until I showed up at their office and said enough,but your still not coming to my house they had no right. they kept stalking him,but they have only so many days to keep the case open,and we never called them back,case closed. This web site helped me stand my ground.

http://www.childprotectiveservicesdefense.com/Areas_of_Practice/FAQs.html#FAQ1

[kruztydj]

CPS need to be shutdown as it's a complete waste of tax dollars. Just tell them to donkey yer lilly white a*@... Dont answer the door and dont respond to any calls or letters. If they show up a knocking on the door then turn the dogs loose on them. They can talk to the dogs as they rip there legs off.

 

Crap like this makes my blood boil. When ya mess with my kids no matter who ya think you are, it's game on. My game is not a nice game as my game gets real ugly real fast and I play forever and for keeps. I'll be at you house 10 years from now settling my score and ending the game.20 years from now,,, 50 years from now as I never forget and I never end the game till I feel that I won......

 

Your ex ol man could use a lil game play'n too it sounds like...........

[LITLJON]

Sounds like harassment on part of your husband (been corrected just ex). Have you considered a restraining order. Sorry off topic. Another reason to contact a att. Did you inform cps of hippa or was it a after thought?

To make a long story short, CPS has been to my house 3 times in the past three months (from two calls from an ex) based on medical marijuana complaints. Needless to say, everything checked out fine and the case will be closed again until the next needless phone call. CPS in my area is pretty fair, as long as you are within the Act and cannabis is nowhere where the children can get it. The lady who came out yesterday actually told me she was happy that my kids were so knowledgable about what was going on and knew what they couldn't do, but that it was medicine for sick people.

 

However, in my 'interview', they asked me about my medical status, medical issues, and what medicines I take. That was immediately followed up by informing me that because they were called, they have to notify both of my ex's (the one who called and the one who could care less) about what is going on and that I was within the law. How is it legal to call the ex that called on me and explain that because I have a severe b12 deficiency and use medical marijuana for my muscle spasms?

[CannaMomma]

Sounds like harassment on part of your husband. Have you considered a restraining order. Sorry off topic. Another reason to contact a att. Did you inform cps of hippa or was it a after thought?

 

Thankfully I never married that drunk.

 

The lady is coming back out next Monday to talk to my 5 year old who was not here that day. After that, she is closing up the case. I am planning on informing her that asking medical information, prescription or medical marijuana use, and passing that information along is a violation of HIPPA in my opinion. Last time I checked, my medical business was no one elses concern.

[LITLJON]

Sorry, LOL with you? Good luck.

Thankfully I never married that drunk.

 

The lady is coming back out next Monday to talk to my 5 year old who was not here that day. After that, she is closing up the case. I am planning on informing her that asking medical information, prescription or medical marijuana use, and passing that information along is a violation of HIPPA in my opinion. Last time I checked, my medical business was no one elses concern.

[northerngal]

Some things people may not be aware of. For informational purposes only.

 

 

Michigan Legislature passed Child Protection Laws many years ago that made it neccessary for an agency to "enforce the law". CPS did not create the law - they were implemented to enforce it. The Child Protection Law includes the legal requirements for reporting, investigating, and responding to child abuse and neglect.

 

There is definatly a difference between child abuse and child neglect, both are investigated through C.P.S.

 

CPS MUST investigate reports according to the law. The aspect that factors in that could be "questioned" is the category an investigation is placed under. There are 5 categories a case gets "rated" by.

 

CPS IS NOT the authority that removes children/terminates rights - Only a judge in a court of law can do this. CPS is required by law to file the petitions to send in front of the court.

 

In the case of neglect - A parent can be charged with neglect even if the parent did not directly cause harm to the child themself. If the parent has knowledge of, does not eliminate or fails to intervene during a risk to the childs well being or health, the parent can directly be charged with neglect.

 

Legally in Michigan, CPS can enter the home in 1 of 3 ways -

1)Court order or warrant issued for "probable cause"

2) By your consent

3)In an emergency circumstance - If the child is in immediate danger.

 

The Child Protection Law requires reporting of suspected abuse/neglect by certain people including: (the requirements and list of things that are suspect are specific)

 

physician, dentist, physician’s assistant, registered dental hygienist, medical examiner, nurse, person licensed to provide emergency medical care, audiologist, psychologist, marriage and family therapist, licensed professional counselor, social worker, licensed master’s social worker, licensed bachelor’s social worker, registered social service technician, social service technician, a person employed in a professional capacity in any office of the friend of the court, school administrator, school counselor or teacher, law enforcement officer, member of the clergy, regulated child care provider, or any employee of an organization or entity that, as a result of federal funding statutes, regulations, or contracts would be prohibited from reporting in the absence of a state mandate or court order (e.g., domestic violence providers).

[northerngal]

If you do not provide medical information, a court order may be filed to gather it. (if they decide the investigation warrants it AND a judge deems it appropriate- although this is rare for a "simple" investigation)

 

 

 

The above is referenced to medical records/information only - not specific to MMJ.

[CannaMomma]

I want to make it aware that I do not like CPS, nor does it bother me that they came over. In fact when she left and told me I was doing everything I was supposed to be doing, I felt validated. There is just a stigma attached with being a parent and cannabis user and it was nice to hear from an authority that investigates abuse and neglect that I was doing just fine.

 

The only issue that I had was that the private, personal information they asked was going to then be forwarded to my ex that called. It was clear he didn't call out of concern. He rarely comes around, doesn't call, doesn't pay support, and hasn't been to Michigan in over a year and a half. It is my opinion that once they realized that there was no danger to the children from my medicinal use, they could have just called and told him that everything checked out and that there was no abuse or neglect in the home. Passing on private medical status and marijuana use information seems a bit detailed for something that is going to be closed.

[kruztydj]

Express your concerns about your info going to him and it may not. Not sure it does anyways as all my ex wife got was the case was dropped and if ya call with more stupid crap we will arrest you.

[northerngal]

I do not disagree with your point. Much of the information I posted was not directly related to you, but perhaps others responding or reading.

 

My advice to you is to ask specifically WHY the report is being forwarded. Every county does have their "spin on" how the procedures are followed. This may just be the recommendation of the worker but not neccessarily legally required. I assume in this case, it is due to the fact the person filing the complaint has "supposed interest" in the child, being the non-custodial parent. He may be entitled to the report, but sometimes details that are "irrelevant" or "unrelated" may be eliminated from such report.

 

I am sorry you have to contend with this, but am glad that it was unwarranted and all are safe. I wish all cases turned out like this!

 

Good luck and please do update as to what the worker relays regarding your medical information.

[CannaMomma]

Thank you for posting what you did & I will keep all informed.

[Guest zigg01]

Tell cps that they and your x are harassing you and your gonna take legal action.See we had some who kept calling cps on us never found nothing wrong.The last time about 7 years ago we told cps to get the f off of our property they are treaspassing and dont ever come back.Never seen them again they know they will go to jail for treaspassing.You dont halt to let them in your house.They are an agency no badges no warrents.They can only do what you let them.Tell them they have enought for the same reason and dont come back until they have a good reason.