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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27678
Experience:  Attorney with experience in family law.
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can cps take child if parent refuses drug test. accuser was

Customer Question

can cps take child if parent refuses drug test. accuser was just anonomyous tip
Submitted: 3 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 3 years ago.
Hi,

My name is Lucy and I'd be happy to answer your questions today. Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.
There may be a slight delay in response time, as I may be helping with other questions or I may be away from the computer. I will answer any follow-up questions as soon I can.
CPS can take a child away from the parents if, after investigation, they find that it is in the child's best interests to do so. Typically, they would have some evidence of drug use other than just an anonymous tip. If a parent refuses to take a drug test, that can tend to suggest that they have something to hide, and may be a factor in CPS's decision. If they believe that the child is not safe in the home, they will remove the child until they feel better. For that reason, it is often in a parent's best interests to comply with CPS and provide a sample for a drug test, if he has nothing to hide.

Filing a false police report or false allegations of child abuse is a crime in many areas. If someone maliciously filed false charges against you, and you can find out who it was, you may have a case against them once CPS concludes that your child is in no danger and closes the investigation.
Please rate my service positively before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - otherwise, please reply so we can continue the conversation. Good luck.
Customer: replied 3 years ago.

cps came to parents house and saw no efidence of child abuse. requested drug test. parent not sure if could pass . had smoked marijuana on occasion.


 

Expert:  Lucy, Esq. replied 3 years ago.
If they believe that the child is in danger, they can take him until they believe that it's safe. Their primary concern is to look out for the child's well-being. They can also take the child if a drug test comes back as positive. That doesn't mean that they automatically will take the child, in either scenario - but it is possible.