Couple Sues After Baby Taken Following Poppy Seed Positive Drug Test

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ACLU Files On Behalf Of Mom Who Tested Positive For Drugs After Eating Bagel

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The American Civil Liberties Union has filed a lawsuit on behalf of the parents whose newborn daughter was taken away after the mother failed a hospital drug test because she had eaten a bagel.

Elizabeth Mort gave birth to her daughter, Isabella, at Jameson Hospital in Lawrence County in April.

Three days after the birth, caseworkers with the county's Children and Youth Services department took the infant. Mort said it wasn't until the police arrived that she learned she had tested positive for drugs while in the hospital.

"I was devastated. I just cried, and cried, and cried. I didn't want to let her go. I didn't. I was heartbroken. I watched them leave the driveway. I ran upstairs," Mort said at a news conference Thursday.

According to the ACLU, Isabella was returned after it was determined the bagel Mort had eaten prior to admission to the hospital contained poppy seeds, which resulted in the false positive.

Channel 4 Action News' Bob Mayo reported that the lawsuit claims Jameson Hospital uses a lower threshold for a positive drug screening than federal guidelines, leading to a higher rate of false positives.

The suit says the hospital’s policy, where a screen is considered positive for opiates at 300 nanograms/mL or above, is far below federal workplace guidelines, which are set at 2000 nanograms/mL.

The suit also claims Jameson's policy of screening for drugs and reporting positive results to CYS is not required by federal or state law.

The lawsuit, which names the hospital and Lawrence County CYS, says caseworkers also failed to properly investigate the claim that Mort abused drugs before taking the child and keeping her in an undisclosed location for five days.

Speaking to reporters, ACLU lawyer Sara Rose said the family has filed the lawsuit because, "They want to make sure that the nightmare that they experienced never happens to another parent."

Lawrence County Children and Youth Services told Channel 4 Action News that no one is available for comment on the lawsuit.

The county commissioners were all in Harrisburg and unavailable for comment Thursday.

Jameson Health System has not yet responded to Channel 4 Action News e-mails and phone messages requesting comment.
 
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