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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4816
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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My grandson and his parents live in my home. The child got

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My grandson and his parents live in my home. The child got an ear infection and was taken to the emergency room for treatment. The hospital notified CPS because the child tested positive for amphetamines. We don't know how this happened. I have a nice home that is child proofed. CPS came to visit and was satisfied with the home and asked us to sign a consent for visitation for 30 - 60 days. We signed since we have nothing to hide. I now understand that a drug screen is also required of all adults in the home. I am the grandparent and am not the child's caregiver. The parents are. I was exposed to marijuana less than a week ago, so will likely test positive for it. The consent says I must do the screening within 48 hours. That means it must be done by today. What should I do to keep from causing further problems with CPS?

texlawyer :

Good morning. I'll be assisting you with your question.

texlawyer :

Did the child test positive for marijuana or just ampheamines?

texlawyer :

Also, do you anticipate the child's parents testing positive for anything?

Customer: just amphetamines
Customer: No, the parents will not test positive for illegal drugs
texlawyer :

It is unlikely that if you test positive for marijuana that CPS will take action regarding removal of the child.

texlawyer :

There are two reasons: First, if they removed every child from a home in which one person used marijuana, there would be millions of children in foster care.

Customer: So, you advise that I cooperate and take the drug screen? Will the screening results damage my record in any way?
texlawyer :

Second, the child did not test positive for marijuana, so they are unlikely to place a great deal of concern on you testing positive for it.

texlawyer :

No, they will not go on your criminal record. It will be documented in the CPS file, but that is not open to the public.

Customer: I do not have a criminal record, not even so much as a traffic court violation. My record is completely clean.
Customer: To be sure, you are advising me to do the screening, correct?
texlawyer :

As far as what I'd advise you to do, unfortunately, I cannot give you legal advice, I can just answer your questions. To go further would violate the terms of Just Answer.

texlawyer :

I hope you understand, but going further may establish an attorney-client relationship.

Customer: I'll rephrase. Is it best to cooperate with CPS including the screening. Yes, or No?
texlawyer :

What I can tell you, however, is that you testing positive for marijuana is unlikely to impact the residency of your grandson.

Customer: Thank you. Is it likely that I will have any legal repercussions for testing positive for marijuana in this case?
texlawyer :

No, it is not likely. I've never seen someone charged with a drug related crime under this circumstance.

Customer: Anything else I should know?
texlawyer :

The reason is that they have to prove you possessed marijuana. A person can test positive simply by being around some else who is smoking, but that is not enough for possession.

texlawyer :

No. If you test positive, CPS may take measures to make sure the child is not exposed to it and may require more tests in the future, but I don't think it will impact whether or not the child can live with you.]

Customer: Lastly, is it a good idea to share this with the caseworker before I test?
texlawyer :

Unless they ask, no. It is very hard to predict what will show up on a test and what will not. It depends on many factors, such as how often you use, how much was smoked, how much water you drink, body fat percentage, and whether you directly inhaled or it was second hand. My point is that it is hard to tell if you will actually test positive.

Customer: Thank you. I appreciate your answers.
texlawyer :

My pleasure.

texlawyer :

If there isn't anything else I can do for you, please remember to "rate" my answer. Have a great day.

Customer: Ok, thank you
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