An El Paso couple believes that they were abruptly turned down for the adoption of their great-granddaughter because they are medical marijuana users, as reported by KOAA News 5 for Colorado Springs and Pueblo.
The couple, D.R. and P.R., claims that the El Paso County Department of Human Services denied them custody though the department had been made aware early on that the couple had medical marijuana requirements.
The baby, now ten months old, lived with D.R. and P.R. for approximately five months before child welfare officers removed the baby and placed her into foster care.
D.R. claims that the department was told about the couple's use of medical marijuana at the beginning of the adoption process – and it appeared to be a non-issue. However, on July 8, when D.R. and P.R. were leaving court and headed to a meeting with the foster family to go over the transfer of the baby, a DHS employee stepped in.
D.R. said, "They walked in with a cell phone in the air and handed it around to everybody and said the deputy director of DHS has stated that anybody with a medical marijuana card could not have custody of any children."
The Executive Director of the El Paso County DHS, R.B., said that there was no policy in effect that denied child custody due to the use of medical marijuana. R.B. stated that the criteria for adoption is based on insuring a child's safety and wellbeing alone.
R.B. said, "When it comes to marijuana use, we're going to identify what's the reasoning for that use. We're probably going to consult with their doctor to see is it medically necessary, is it going to interfere with the parenting of the child."
Allegedly the DHS has allowed children to be placed in homes with marijuana users in the past. As an added precaution D.R. erected a locked fence around his marijuana plants – on the advice from a DHS employee on how to secure them.
R.B. said there was no other reason that the custody could have been denied.
L.M., the spokeswoman for the Colorado Department of Human Services, said that there is no direct policy by the state in regards to child custody denials based on drug use. State guidelines, according to L.M., are based on child safety and not in regards to controlled substances.
In a 2010 email R.B. wrote this directive in regards to marijuana use: "I wanted to clarify and re-affirm that EPC will not place children in licensed foster homes if a foster parent is using or intends to use medical marijuana, even though under state law they may do so legally. We need to convey this position to our managers and CPAs."
D.R. and P.R. told reporters that they are prepared to fight the DHS ruling in court.
If you have been denied child custody, or are seeking child custody for the first time, contact a family law attorney to help you in court. Whether you are fighting the DHS or a former spouse, equipping yourself with the right attorney will matter.