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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 23561
Experience:  18 years of litigation experience.
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CPS came into my home today without consent from either my

Customer Question

CPS came into my home today without consent from either my husband or I. Long story short, they forced me to take a urine test as they stated that by doing so they would let my son stay home with his family. Instead, the individual who took the drug test did not identify themselves, did not verify my identify via drivers license, or write my name on the results of the test which came back positive for METH as the CPS worker said before I took the drug test that it would. I do not have a criminal past They took our son, did not leave a business card, did not leave any paperwork, and when asked about the "safety plan" constantly requested to sign, the explanation of what we needed to do was never answered except for telling me to be quiet. Many times the CPS worker was asked to leave and she did not leave our home. When I asked if I could contact an attorney regarding if it was necessary or legal to consent to a urine test, the CPS worker stated that I had no rights and that not allowing them to perform a urine test would seize parental rights. Is this legal?
Submitted: 12 months ago.
Category: Family Law
Expert:  Zoey, JD replied 12 months ago.

Hello,

CPS is an enormously powerful agency, and if they have reason to believe that a child is at risk because he's in an unsafe environment, the state allows them to swoop in and remove a child from the household. CPS is notorious for pushing their weight around, for stepping all over parents' rights, and even for fabricating facts and evidence to support their findings. Even worse, judges tend to believe CPS.

So it's not quite true that you had no rights. You could have, for example, refused to let CPS into your home until they showed up with a warrant. You could have refused to take any drug test, insisted on a lawyer. However, because of the power that the state allows them to have, in the end, when CPS wants to investigate you and your home and have you tested for drugs, what they want would come about one way or the other. That is, they would have obtained the warrant, taken your son, and then brought you to court where the judge would require drug testing.

If you want to go after CPS, you can do so, but your first priority should be getting yourself a lawyer to try to get your child returned to you.