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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16272
Experience:  Licensed experienced Attorney
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I live in natchez mississippi, and about 2 weeks ago social

Customer Question

I live in natchez mississippi, and about 2 weeks ago social services showed up at my home and told me that someone had reported me on drug, I then took a drug test and failed for amphetamines, but I had only done them one time, and my mother has temporary legal guardianship over my 2 kids but dhs is trying to make me go to a 30 day impatient recovery house and is making me put my 1 year old and 7 year old in day care and says I'm not allowed to be around my kids unless my mother is in the same room, they also said that if I fail another drug test during the next 90 days that they have a case on me that they will take my kids from my mother and take custody of my kids themselves, can they do any of these things? Can they make me go to a recovery house when I had only done the drug one time? Can they keep a case on me when my mother has my kids? i don't understand why or how they can go through with any of this especially saying they Will take my kids from my mother if I fail a drug test.. Are they allowed to do this and get away with it or can I fight this and get out of it? I have my kids literally 24/7 besides when my 7 year old is in school, I never have a babysitter and my 1 year old is practically attached to my hip, I'm all they have and I can't go away for a month to an unneeded rehab.. I need answers asap please!
Submitted: 3 months ago.
Category: Family Law
Expert:  Alex J. Esq. replied 3 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Unfortunately, if the parent is found to be using any illegal drugs by the Child Protective Services, then in fact the state agency can require such parent to comply with a drug treatment and get regular drug testing and if the parent does not comply, then the state child protective agency can in fact remove the children from the parent or anyone related to the parent who has temporary legal guardianship and place children in foster care, while filing a petition for termination of parents rights against the parent.

The reason state child protective services have authority to do that, is because the law gives the state agency authority to protect welfare, safety and health of minor children and if the agency determined that a parent is using illegal drugs, that is considered an unsafe situation for the kids and the agency has to take corrective measures which can range from requiring for the parent to attend drug treatment to terminating parental rights, if the parent fails to comply.

So it is generally very important to comply with any requirements that Child Protective Services might place, since non-compliance can potentially result in a loss of parental rights.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Expert:  Alex J. Esq. replied 3 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.