A mom says an "everything bagel" caused her to fail a drug test. The hospital reported her to child protective services anyway

CBS News

7 hours ago

A new mother from Alabama is warning pregnant patients after she says eating an "everything bagel" for breakfast before giving birth to her second child upended her family last spring.
It all stemmed from the unexpected results of one urine drug test — a routine test given to thousands of maternity patients across the country. It illustrates the findings of a joint investigation between "CBS Sunday Morning" and The Marshall Project that found the percentage of false positive results from urine drug tests to be as high as 50%.
"It was almost like an out-of-body experience. I mean, I truly could not believe that it was happening," Katie, of Huntsville, who asked to only be referred to by her first name, told "CBS Sunday Morning." She was shocked to learn she tested positive for opiates.
The bagel Katie ate was seasoned with poppy seeds, which come from the same plant cultivated for the production of opiates like morphine and codeine and can trigger a false positive test result for opiates. The fact that poppy seeds can cause a false positive test result is well documented. In fact, the U.S. Department of Defense even issued a warning in 2023 to service members that "consumption of poppy seed products could result in a codeine positive urinalysis result."
A 2001 Supreme Court ruling determined that maternity patients cannot be tested for illegal drugs without their informed consent or a valid warrant if the test's sole purpose is to obtain evidence of criminal conduct for law enforcement purposes. But many hospitals routinely test patients, arguing the tests have a medical purpose. Katie agreed to what she believed to be a routine drug screening, simply thinking she had nothing to worry about.
"I signed and said, 'Yes, that's fine,'" Katie, who took the drug test before giving birth, explained. "I didn't take any over-the-counter medicine. I didn't take Tylenol."
The practice of drug testing pregnant patients before giving birth dates back to the 1980s crack epidemic and has continued in more recent years amid today's opioid epidemic. There were an estimated 54,743 overdose deaths involving opioids in 2024, data from the Centers for Disease Control and Prevention shows.
According to a review by The Marshall Project, hospitals in at least 27 states across the U.S. are required by law to alert child welfare authorities to a positive drug test or potential exposure — even before a second, more definitive test can be given to the mother to ensure it wasn't a false positive. This often leads to long and stressful investigations that can turn a family's life upside-down.
Hours after giving birth at Crestwood Medical Center, Katie feared both of her children could be taken away, when a member of the Alabama Department of Human Resources showed up in her hospital room to discuss her positive drug screen. The state social worker asked Katie to sign a safety plan, a written agreement between a parent and CPS that outlines specific steps to be taken to ensure the safety and protection of a child amid an ongoing investigation.
"Safety plans are developed to protect children from safety threats when the parents'/primary caregivers' protective capacities are insufficient. Safety plans are based on identifiable safety threats and coupled with diminished parental/primary caregiver protective capacities which place the child at present or impending danger," the department's administrative code states.
Katie said she was told both of her children would be removed from her custody if she didn't sign the safety plan. Overwhelmed by the terrifying thoughts racing in her head, Katie signed the plan.
For nearly a month, Katie said she was only allowed monitored time with her children. And although she was breastfeeding her newborn, she still had to leave her home every night when everyone was asleep and only return in the morning when she could be supervised.
"I would leave the house and I would, I mean, scream in my car because I was so devastated to leave her," said Katie, apologizing for choking up. "It was torture; it was pain I've never felt before."
In a statement to "CBS Sunday Morning," Crestwood Medical Center said its health care workers conduct a urine drug screen on all patients admitted for labor and delivery "to help assess any potential medical needs of the mother and newborn." If a test is positive, the hospital said it immediately orders a confirmatory test, and notifies the Department of Human Resources in compliance with Alabama State Law.
"We understand that false positive results can occur and make every effort to keep mother and child together in the hospital until a confirmatory test result is received. In these situations, our physicians, our neonatal care team and DHR work collaboratively on appropriate safety plans considering all of the information available about the mother and newborn at the time," Crestwood said.
Katie said the medical center did order a second confirmatory test in her case, but health care workers had already called the Alabama Department of Human Resources, triggering an investigation. Confirmatory drug tests are sent off to a laboratory since they require a more thorough analysis. It can take up to 5 business days after receiving the sample for the lab to process and send results.
By the time the second round of drug test results arrived, showing both Katie and her baby were clear of any substances, the state-run agency's child welfare probe was well underway. Katie claims the negative results weren't enough to stop the investigation, but the Department of Human Resources closed the case after a month, when she and her husband hired an attorney.
Dr. Kelley Butler, a family medicine doctor in San Diego, California, called situations like Katie's "entirely unfair."
"Let's also be clear: one positive urine toxicology does not equal a substance use disorder by the DSM-5 criteria," Butler explained, referring to a diagnostic tool used by mental health professionals to help diagnose certain conditions or disorders. "All it says is this person was exposed to something that made this test positive. Hello! As in the case of this everything bagel, which probably had poppy seeds, which can be a false positive for opiates."
A National Library of Medicine study confirmed ingesting poppy seeds in food products like pastries, bagels, muffins or cakes can show concentrations of morphine in urine drug tests. While the highest concentrations of total morphine were found between three and eight hours after consumption, they could still show up within a 48-hour window. That's why the U.S. Anti-Doping Agency advises athletes to avoid eating anything containing poppy seeds for at least a few days before competitions, warning that it "can't predict how long morphine or morphine metabolites from poppy seeds will stay in your system."
But it's not just poppy seeds that can lead to faulty test results.
There's an entire suite of medications, foods and exposures that are safe to take during pregnancy or have been prescribed by a physician that can result in false positives. The National Library of Medicine also reports that over-the-counter cough suppressants like dextromethorphan, and antibiotics to treat bacterial infections like rifampin and quinolone, can also cause false positive opiate test results.
Perhaps even more unsettling than accidentally ingesting something that could result in a positive opiate test, a mother can be investigated if she or the baby tests positive for opiates even when the medication was given to her by the hospital during labor.
That's exactly what Victoria Villanueva says happened to her.
She was 18 years old in 2017 when she gave birth to her first child in an Indiana hospital. Her medical records show that she tested negative for any illicit substances upon entering the hospital and was given morphine during labor to ease pain – but that didn't stop the hospital from reporting her to the Indiana Department of Child Services when her newborn daughter tested positive for opiates.
"I was bawling my eyes out, because I was thinking, well, they were going to take my baby away," Villanueva told "CBS Sunday Morning."
Villanueva and her husband both passed drug tests, but — like Katie — she was still required to sign a safety plan. She believes that it may have been because she had admitted to once experimenting with drugs two years earlier.
Over the next month, a social worker came regularly to check on her and inspect her home.
"I was robbed of that experience to like, you know, actually be able to enjoy my child. Honestly, I was just too busy worrying about DCS, and them, possibly, taking my daughter away from me," she said.
Lynn Paltrow, founder of Pregnancy Justice, who was part of the legal team that won the 2001 Supreme Court decision that ruled it unconstitutional to use drug test results solely to criminally prosecute pregnant women, says a single test result should never be relied on to report a mother.
A positive drug test "can't tell you if I'm addicted [or] I'm dependent and it certainly cannot tell you how I parent. And yet for thousands of women in this country, and families, probably millions, a drug test is used as a parenting test," Paltrow said.
Butler suggests hospitals use different forms of screening, like verbal questions, to identify potential substance use issues that could affect the birth or baby.
Verbal screening or questionnaires are also recommended by most major medical groups, including the American Medical Association and The American College of Obstetricians and Gynecologists. The National Library of Medicine also acknowledges that toxicology testing of pregnant patients has some limitations and possible negative consequences and said it should always be done with a woman's consent.
The reporting of drug use during pregnancy to child welfare agencies "is strongly biased against racial and ethnic minorities, even following concerted efforts to prevent such bias. A positive toxicology test also shows evidence of use, but does not provide any information about the nature or extent of that use; similarly, a negative test does not rule out substance use, which is often sporadic," the National Library of Medicine states.
Last fall, New Jersey Attorney General Mathew Platkin filed a civil rights lawsuit against the hospital group Virtua Health, accusing it of singling out pregnant mothers and drug testing them without their informed consent.
Jennifer Khelil, executive vice president and chief clinical officer at Virtua Health, told "CBS Sunday Morning" that New Jersey law requires hospitals and health care providers to report positive drug screen results to the state's child protection agency, which then completes its own assessment and works directly with the families on next steps.
"The devastating toll of the opioid epidemic requires thorough and equitable processes for identifying and supporting babies with neonatal opioid withdrawal syndrome and related conditions," Khelil said.
Virtua Health implemented a universal urine drug testing policy — as an effort to "avoid subjectivity in testing," according to Khelil — for pregnant patients delivering at its hospitals back in 2018. In October 2024, a week after Platkin's suit was filed, the hospital group modified its universal urine testing protocol. A Virtua Health spokesperson told NJ Spotlight News at the time that it now screens pregnant patients admitted at its hospitals based on "patient indications."
"I think it's wrong. When you're ruining precious moments of people's lives and uprooting things, you can't just shrug it off and say, well, sorry you fell in the cracks," Katie said.
Nearly a year later, Katie is pregnant again — and the same fears are weighing on her.
She spoke with her new doctor about refusing a drug screen this time, but says she was told that the hospital would report her to Alabama Department of Human Resources if she declined.
"So I feel trapped. This all just happened a year ago. So it's very fresh. And I'm very wounded still from it, and terrified of it happening again," Katie said.