Baby Ryder Salmen went through methadone withdrawal at birth, and then died from a drug overdose from his mother's breast milk.
Ryder died from a deadly breast milk cocktail containing " Xanax, methadone and the painkiller Opana ," the Sacramento Bee reported.
California police discovered the deceased infant after being called to the scene, the Daily News reported.
Thirty-Two-year-old Sarah Ann Stephens was charged with second-degree murder and felony child endangerment, police believe she intentionally fed the laced milk to her eight-month-old son.
Stephens was warned to stop breastfeeding after medical examiners found high levels of methadone in the lethargic baby's bloodstream.
Abuse was also suspected by police when Stephens drove off the road with baby Ryder in the back seat.
Social workers labeled Ryder a "high-risk baby" after the hospital visit. The classification meant a safety plan was needed if the baby was going to stay in the home.
A social worker did make a safety plan, but CPS did not approve it for three months.
Ed Howard, senior counsel for the Children's Advocacy Institute at the University of San Diego School of Law, said CPS's response was "unacceptable" after reviewing the information.
"Is it their policy to wait three months to approve safety assessments for the children of drug-addicted mothers?" Howard told the Bee. "This undermines the confidence about whether Sacramento County CPS is doing its job."
CPS claimed the approval process often takes awhile, and the child has been determined to have a low risk of future abuse.
Ryder's grandfather, Alan Salmen, and other family members said they were concerned with the baby's safety and had been fighting for custody.
"We reached out," Salmen told Fox 40 via the Daily News. "We knew what was going on, 'please give him to us. If you don't have the time or don't want to do it, please, we're here.'"
