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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 458
Experience:  Attorney with 13 years experience.
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CPS SAID THEY HAD ALLEGATIONS OF DRUG ABUSE IN OUR HOME.

Customer Question

CPS SAID THEY HAD ALLEGATIONS OF DRUG ABUSE IN OUR HOME. THEY WANTED A DRUG
SCREEN, I TOLD THEM I WOULD LIKE TO SPEAK WITH MY ATTORNEY AND WOULD BE HAPPY TO SCREEN IF HE AGREED. AS HE WAS LEAVING HE TOLD ME WHERE TO GO THE FOLLOWING MORNING TO TEST. AFTER I SPOKE WITH THE ATTORNEY I WENT ONLY TO FIND HE DID NOT ORDER A DRUG SCREEN BUT IN FACT WENT THE COURT AND ASKED FOR REMOVAL OF MY TWO CHILDREN. ITS BEEN 120 DAYS AND WE ARE NOT GETTING ANYWHERE WITH THIS. THE KIDS ARE WITH MY SISTER 200 MILES AWAY. I WANT THEM HOME. CAN YOU HELP?
Submitted: 2 months ago.
Category: Family Law
Expert:  mmdesq replied 2 months ago.

Good Morning:

I will try my best to answer your question.

Dealing with cps is difficult at best in a nightmare at worst. A large part of your experience depends upon whether you have a reasonable an knowledgeable caseworker for someone who is inexperienced.

If the allegation is that there is drug use occurring by you or in your household, You need to get screened as soon as possible and provide the negative test results to CPS. I'm assuming that the kids were taken you didn't provide screen results or you tested positive.

If you tested positive you will need to enroll yourself in a rehab program as soon as possible and wants you have completed the same you could be in position to have your children return to you.

If you tested negative and provided results at that time, I'm not sure why the children were taken. Typically for these types of proceedings and an attorney is provided for the parents.

The best advice I can give you dealing with cps is to identify what the allegation is that you're being accused of and then providing evidence to dismantle the allegation and show it is not accurate through test results or witnesses. I would also recommend trying to attend hearing as fast as possible if you believe that you can prove that the allegations are false. If there is any validity to the allegations you're better off addressing them and then rescheduling the hearing once you have resolved and diffused the issue(s) that caused the removal.

I hope that this information is helpful.

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