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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100450
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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TEXAS CPS CAN THRY MAKE ME TAKE A HAIR DRUG TEST IF I

Customer Question

TEXAS CPS CAN THRY MAKE ME TAKE A HAIR DRUG TEST IF I OFFERED URINE AND THOIS IS NOT A DRUG CASE OR HAVEANY DRUG ALLEGATIONS WHAT COULD HAPPEN
JA: Can you tell me what state this is in?
Customer: TEXAS
JA: Has anything been filed or reported?
Customer: YESN A REPORT FOR PHYSICAL ABUSE BUT WAS UNTRUE AND WE WERE SUPPOAT TO BE CLOSING UIT OUT
JA: Anything else you want the lawyer to know before I connect you?
Customer: I OFFERED A URINE JUST BECAUSE IVE HAD [ASY CPS PROBLEMS YEARS AGO BUT THEY AREMT SUPPOST TO USE THAT AGAINST YOU. IT WAS YRS AGO AND NO DRUG ALLEGATIONS THIS TIME
Submitted: 2 months ago.
Category: Legal
Customer: replied 2 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 months ago.
JUST CAN THEY AND WHAT HAPPENS BECAUSE THEY SAY ITS A REFUSAL I OFFEREF URINE BUT THINKING ANOUT GOING AND GETTINH A BLOOD TEST
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The answer is no, they cannot, without a court order.

Understand that CPS have no "power" per se. They cannot force an interview, and they certainly cannot simply take your child away from you without a a court order. However, they have a mandate from the state to stand in front of the Court for any child that they feel is being abused/neglected.

This means that if they feel that the child is neglected/in danger, CPS may decide to take the matter to court and ask to have the court agree that your parental rights should be suspended (or even terminated in serious scenarios) until you show to the court that you are an able parent.

Now, while CPS has the "ear of the court," this does not mean that the court always agrees with DHS and if you challenge their claim, it may be denied. But this is a risk.

If CPS sees an issue, they will normally request that you do some parental classes and/or actions (such as take the children to the doctor), and if not, then they can approach the court and the court may agree that if you do not, you'd risk your parental rights being suspended.

If you feel that the requirement by CPS is unreasonable, then you can refuse. This includes the drug test. If they then go to Court (as explained above), then you'd have to show that your decision is in line with "best interests of the child."

CPS often uses misleading, cajoling, and threatening tactics, so be careful. An attorney is recommended if one decides to meet with them, because the attorney can quickly cut their attempts to intimidate the parent down.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) 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 with a positive rating.

Expert:  Ely replied 2 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!