Both Baby Justice and Green had tested positive for methamphetamine following his birth and both Green and her former fiance Frank Rees had a long history of meth use. In addition to the positive drug screenings, there were indications that Green was under the influence at the hospital and was leaving the hospital without permission, social worker Valerie Zeller testified during the trial.
But drug abuse by Green and Rees alone didnt warrant Justices removal from their custody, she said, explaining that social workers consider a number of factors, including the home environment, family history, the childs fragility and the parents cognitive stability.
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That safety plan included several conditions, including that the family live with Rees parents, clean drug tests for both of them and their agreement to undergo random drug screenings.
However, no screenings were conducted and Green admitted in court to getting high prior to Justices death. Her defense, in fact, was that a drug-induced psychosis led to Justices death.
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Larsen said that a review of 13 recent cases involving babies born tox-positive in Yolo County showed four infants were allowed to go home with parents, but in two of those cases, the infants ended up re-entering the system.
So when we looked at that, we said, We need to adjust the way we are practicing, Larsen said.