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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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What are my rights with cps, if I refuse to take a drug test

Customer Question

What are my rights with cps, if I refuse to take a drug test becasue my son his uncle got high at my home I have raised for 14 years my grandson is 16.
Submitted: 6 years ago.
Category: Family Law
Expert:  RayAnswers replied 6 years ago.
Thanks for your question.They will count the refusal here as a positive test and may remove the child.Unless you feel that you won't pass here take the test.Otherwise they can use the failure to comply against you in this situation.And in Texas this means a hair follicle drug test.This takes longer to test clean.I worked as an agency lawyer on the other side.CPS won't mess around with this.either you take it and pass or they pick up the child and seek legal custody.You can oppose it in court here but the judge almost always sides with CPS on a drug test where there are questions abotu who is using in the home.I am trying to be honest here based on my experience on the subject here in Texas.


Edited by RayAnswers on 9/29/2010 at 2:11 AM EST

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