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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110400
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband has been seeing a psychologist for 3 months ...

Resolved Question:

My husband has been seeing a psychologist for 3 months because he suffers from OCD. He takes diazepam as prescribed and occassionally smokes marijuana. In a recent session with his psychologist, he admitted that on a couple of occassions, he was under the influence of marijuana while driving our 20 month old daughter. She called child protective services today. What are my rights?
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
First, you can consider whether or not the psychologist breached confidentiality or was forced by being a mandatory reporter. This is a very complex issue because there is a fine line between the two and there must be an imminent danger to the child or the person, not merely something that happened in the past. Second, you may need to make arrangements to either temporarily separate from your husband in order to keep custody of the child or you may need to voluntarily sign over temporary custody to a relative to keep the child away from your husband until Child Protection completes its investigation. You should at this point get an attorney to discuss both the breach of confidentiality and either temporary separation or temporary custody so that they can keep the child out of the grips of CPS. CPS is a very powerful agency with very broad power and they can become almost impossible to fight if you do not protect yourself from the beginning.

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Customer: replied 8 years ago.
I need to understand what my rights are.
Expert:  Law Educator, Esq. replied 8 years ago.
Unfortunately, you do not have many rights with CPS. They will come in and interview you and any hesitation will be categorized as you refusing to cooperate with them. You have a right for them to conduct an investigation, but they have the right to remove the child or order that your husband stay away until the investigation is completed and they make their determination. Going to court to fight CPS is a nightmare and the courts generally side with CPS because they are afraid that if anything happens to the child (regardless of whether or not it is likely that anything will happen) then the court will take the blame. I am sorry that I cannot give you a more positive answer, but your rights are very limited, if any with CPS. You have to cooperate with them and that is about the only real right you have.

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