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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87225
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son reported me to the police that I tried to hurt him because

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My son reported me to the police that I tried to hurt him because he was very angry, saying unacceptable things to me, his Mother, and I tried to slap him, but I have never hit my kid and touched him lightly, and he, bigger and stronger than me, held my hands, bruised my wrists somewhat, and that was that. Dyfus became involved; I just had the drug test. I had a few beers on Sunday, May 26th, for the holiday with friends but told the drug counselor that I had not had been drinking since the 21st of May. Just wasn't thinking straight, very nervous, and anxiety ridden over this humiliation. Should I call him before my next test on Wednesday, June 5th that I had a few beers on that Sunday before I took my 1st test?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. What happened here is that the New Jersey Department of Children and Families (DCF) has become involved. DCF has a mandated right to stand for custody on behalf of any child in the state if it feels that the child is in danger. Of course, they would have to prove this to the Court to get custody of the child. DCF normally works the following way:

1) a report is received;
2) DCF does an investigation;
3) If possible, DCF asks the parents to go over a treatment program (parenting classes, etc) and upon satisfactory performance, DCF drops and forget the issue;
4) If the threat is imminent (abuse, severe neglect, etc), then DCF may ask the Court to receive temporary custody of the child until the parents prove that they can take care of the child;
5) If the threat does not get worse or there is simply not hope, DCF will then attempt to get permanent custody and place the child with a relative or an adoption family.

Here, you are at step 3, and this is highly unlikely to go any further.

I had a few beers on Sunday, May 26th, for the holiday with friends but told the drug counselor that I had not had been drinking since the 21st of May. Just wasn't thinking straight, very nervous, and anxiety ridden over this humiliation. Should I call him before my next test on Wednesday, June 5th that I had a few beers on that Sunday before I took my 1st test?

This depends on what kind of test they are going to do. The following is how long alcohol stays in your system for that type of test:

Breathalyzer Test: Up to 24 hours.
Urine Test: 3-5 days
Blood Test: 12 hours
Saliva Test: 1-5 days
Hair follicle: 90 days

Depending on what kind of test you think they will do, you may or may not wish to reveal consumption. If you believe that the test will reflect the consumption, someone in your situation may wish to indeed call them and let them know - yes. Why? Because it will show (1) admittance and (2) guilt on your part, which is what the drug counselor wants to see. This would help to soften the blow, and a lot of times, one is given some "slack" and a one-time minor slip up will not derail most such issues.

I hope this helps and clarifies. Best of luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87225
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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