Couple Sues After Baby Taken Following ... Positive Drug ...

Discussion in 'Off-topic' started by RIA45, Oct 28, 2010.

  1. RIA45

    RIA45 New Member

    Couple Sues After Baby Taken Following Poppy Seed Positive Drug Test ... etail.html

    I wanted to place this under the "I'm Gonna Beat You Down Thread."

    I'm not sure why this struck such a cord with me. The baby was 3 days old and they took her away from the mother for 5 days without any investigation. It looks like this is a mixed couple. I really hope that had nothing to do with the decision to take that baby in any way.
  2. martin_j001

    martin_j001 Active Member

    I've always heard rumors that poppy seeds could easily "confuse" a drug test, never really seen anything documented on it though. Interesting, and not cool.

  3. EJR914

    EJR914 Seasteading Aficionado

    My father was working with a really nice middle eastern guy who love his wife's poppy seed muffins. When the time came around for a drug test he did fail it. After explaining the poppy seed thing, they did additional testing, and could see that it was in fact, not an illegal opiate that he had taken.

    I think they can fail the initial less advanced screening, but they can tell with more advanced tests that it is poppy seed.
  4. three se7ens

    three se7ens New Member


    There are 2 parts to a drug test. There is an initial test thats more of just a screening. If anything comes back positive, they have to go back and do a gas chromatagraphy on the sample validate it. Poppy seeds can cause a false positive on the first immunoassy test, but not on the confirming gas chromatography.

  5. phantoms

    phantoms Senior Mumbler

    What i want to know is why is a hospital drug testing it's patients without cause?
  6. mountainman444

    mountainman444 Well-Known Member

    That is a very good question. Why the test to begin with? Standard procedure? Release signed with the rest of the stack of forms? State law?

    Comment on the drug testing: Always tell the sample taker everything, such as poppy seeds, that you have taken (eaten) lately. I make sure all meds (even all over the counter and vitamins) are listed. It saves getting suspended or fired for no cause.
  7. jmorriss

    jmorriss Active Member

    Mythbusters showed a false positive with a simple muffin or bagel for breakfast.
  8. gunsmoker

    gunsmoker Lawyer and Gun Activist

    When a person on probation is given a drug test, it is usually a field test that is not extremely accurate, and the people who administer the test are not always well-trained in how to do the test. They just read the instructions on the box and try to follow the manufacturer's directions.
    This procedure will not stand up in court. The Daubert standards for the admission of scientific expert testimony won't be satisfied by this kind of field test.
    But most of the time, when the probationer gets a "positive" drug test, he or she is questioned. The questioning often results in a flat-out admission of recent drug use.
    If the probationer does not confess, then another specimin of blood (or urine, hair, whatever) is sent to an official lab for testing with expensive high-tech instruments. When the scientist who ran (or supervised) those tests comes to court at a probation revocation hearing, it will be admissible. (Either under Daubert's standards for civil trials or the Harper standard for criminal cases in Georgia).

    That's how it should be done for parents of a young child who get a positive test for drugs. First ask them about it. Then do a foll0w-up test that is much more accurate. And THEN assess whether the kid is at risk and needs to be removed from the home even if its true that his parents are drug users. (some drug users are not addicts and they remain functional members of society).
  9. Shatho

    Shatho New Member

    I would have resisted with all force at my disposal before I let anyone take my children.