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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 23164
Experience:  18 years of litigation experience.
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A report was made to dss. the dss worker came to our home

Customer Question

a report was made to dss. the dss worker came to our home and came inside and took pictures and said we need to clean up and she would be back the next day. she never asked to see the child. the next day we had a family emergency and were gone when she came. the neighbors told us that she had 2 police with her. she called us and we told her about our emergency and asked why she had the police with her and she said to verify that we were cleaning the home, we think she needs the police to make her case for her to take our child. what can she legally do if we are not at home?
Submitted: 2 months ago.
Category: Family Law
Expert:  Zoey, JD replied 2 months ago.


Did they enter your home when you were gone?

Customer: replied 2 months ago.
Customer: replied 2 months ago.
we were there and she told us that we needed to clean up and she would come back the next day to check on our progress. she never asked to see the child to look for signs of abuse or anything
Expert:  Zoey, JD replied 2 months ago.

Without a warrant or an exception to the warrant requirement DSS cannot enter your home. Obviously, if they felt that your child was at risk because of an unsafe or unhealthy, they would have that exception. Otherwise, nobody has to let DSS in, with or without the police, without a warrant.

I'm not sure that this is what you wanted to know. If it isn't, please clarify your question and I will amend my answer.

Customer: replied 2 months ago.
now the dss worker wants us to do a drug test. we have smoke pot and she told us that they wouldn/t remove the child for one failed test. I don't believe her. will they take they child for failing a test for smoking pot?
Expert:  Zoey, JD replied 2 months ago.

I cannot predict if DSS is going to keep its word or not. They have told you that if you fail one test they will not take your child. Whether they wish to take your child would depend on whether they believe that your environment is unsafe for children.

What I can tell you however, is that DSS can require you to take a drug test. That is, you have the legal right to refuse this drug test, but if DSS is intent on having you drug tested, they will simply very quickly go to court and get a judge to order such a test. And you cannot refuse a court order to test.

Since marijuana can remain in your system for quite a while, you can't count on a test coming out clean even if you turn DSS down now and try to delay the test by making them take the time to get a court order. You may also make DSS believe you had something more to hide than you do. The odds of DSS taking your child would increase if they believe that.

Expert:  Zoey, JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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