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'Worst thing that ever happened'

Woman says suit challenges policies of hospital, Lawrence County CYS

American Civil Liberties Union attorney Sara Rose, left, with Elizabeth Mort, holding her daughter Isabella, at a news conference announcing a federal lawsuit filed on behalf of Ms. Mort and her fiance, Alex Rodriguez, against Lawrence County Children and Youth Services and Jameson Hospital over a failed drug test caused by Ms. Mort eating a poppy seed bagel.

Losing her infant for five days, after a bagel caused a false positive drug test, was "the worst thing that ever happened to my family, mother Elizabeth Mort said Thursday. Because she doesn't want it to happen to other families, she has sued Jameson Health System and Lawrence County Children and Youth Services in U.S. District Court.

"I'm hoping that they'll either change their policies so it doesn't happen to another family, or they'll investigate it better before they take babies from their homes," said Ms. Mort, 21, joined by lawyers, her fiance Alex Rodriguez, 23, and 6-month-old Isabella Rodriguez at the American Civil Liberties Union's Oakland office.

Those policies, according to her complaint, call for mandatory urine testing of all maternity care patients at Jameson Hospital, with a finding of 300 nanograms per milliliter of opiate metabolites considered a positive for drug use. (The ACLU contrasted that with federal workplace drug testing standards that don't consider a result to be positive unless opiate metabolites are 2,000 nanograms per milliliter.) When a test is positive, the hospital tells the county CYS agency, which seeks judicial approval to place the child in protective custody.

ACLU Attorney Sara J. Rose said the policy results in the removal of some infants who are in no danger.
"We had a client two years ago whose newborn was taken away from her [in Lawrence County] because she had a positive drug test for marijuana," said Ms. Rose. "She missed the first two months of that baby's life," with the exception of short visits.

A hospital spokeswoman could not be reached for comment. County representatives have said they acted properly given the hospital's report.

Ms. Mort said she told hospital staff that she tried marijuana in high school, but didn't like it, and hadn't used illegal drugs during her pregnancy. She told reporters Thursday that she got two drug tests during pregnancy and passed.

When county workers and police showed up at her door on April 30, the day after she brought Isabella home, and took the baby away, the family hunted for answers. They realized that Ms. Mort ate a poppy seed bagel the day before giving birth, and that the seeds contain opiates. She then had her doctor prescribe a drug test, which she passed.

She said that the county agency's workers admitted their mistake a few days after the April 30 taking of Isabella but kept her in foster care for five days before returning her. Since then, motherhood has been "the most amazing thing in the whole entire world," Ms. Mort said.

Ms. Rose said that the policies of the hospital and the county result in the removal of infants from parents where there is no evidence of danger to the child.

The lawsuit seeks policy changes, "nominal" damages and attorney fees.

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Read more: http://www.post-gazette.com/pg/10302/1098960-455.stm#ixzz13m57cDse