Family sues DCS after CBD oil treatment puts toddler’s custody in jeopardy

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Two-year-old Jaelah Jerger has been fighting most of her life after being diagnosed with myoclonic seizures in July of 2017.

“Anytime shes having a seizure its like watching her life slip away even more and more,” said father, Jade Jerger of Huntingburg.

Jerger’s parents say Jaelah suffered anywhere from 25-40 seizures a day until she began CBD oil treatment.

That’s when her parents were forced to fight, too.

“Two drops of this other medicine will help her, but we can’t give it to her because its against the law,” said Jerger.

After parents Lelah and Jade Jerger saw an increase with her seizures after Riley Children’s Hospital in Indianapolis started her on epilepsy drug, Keppra, they took her off, and switched to Charlotte’s Webb, a form of hemp oil.

Thats when the Jergers say Riley’s reported them to Child Protective Services.

“Frustrated, we were very frustrated with all of the allegations, to be accused of neglecting your child when you know that your not, that’s frustrating,” said Lelah Jerger, Jaelah’s mother.

Multiple local lawmakers, like State Senator Mark Messmer, stepped in and the case was later dropped.

However, as CBD oil’s legality remains in limbo in the Hoosier State,the Jergers filed a lawsuit against Indiana’s Department of Child Services earlier this month.

“It keeps me up at night, I think about it all day, I think about it every day. If these laws and legislation don’t go through, we will move,” said Jade Jerger.

The Jergers say they hope their fight will be the last.

“We filed this lawsuit to make sure that we could help just one other family not go through what we’ve had to go through,” said Jaelah’s father.

DCS confirmed the lawsuit, but are withholding any comment while the case is under litigation.

The American Civil Liberties Union is representing the Jerger’s in the lawsuit.

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