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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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i have passed 3 saliva drug tests for CPS. they came to my

Customer Question

i have passed 3 saliva drug tests for CPS. they came to my house today and demanded i take a hair test by 430pm today. i have never tested positive with them. they said they need a hair test so they can close my case. do i have to submit to this test.
Submitted: 6 years ago.
Category: Family Law
Expert:  Ellen replied 6 years ago.

I am an attorney with 25+ years of legal experience and am working diligently on your answer while I await your response.

Please tell me:
why are you involved with CPS?
Do they have your children?

Customer: replied 6 years ago.
i was accused of prescription drug abuse. iwent to rehab for 6wks to stop my dependence on pain meds. i only went to one doctor for my meds and took as prescibed. i finished the program in february. in april i took my daughter to pediatrician for a resp. illness. they sent us directly to hosp. meanwhile they called hosp. and said we are being investigated for drug abuse and my child was faking being ill, she was just" stressed out from home life." the hosp. sent a social worker in and this lady appologized for even being there because she felt all was good. either our pediatrician or the hosp. doc(who treated us like we were the worst of the the worst parents) called cps saying we were drug addicts. they came out and tested us, again, negative result.
Expert:  Ellen replied 6 years ago.

So sorry to hear of your dilemma. I will strive to provide you with legal information to assist you. If my answer is not clear to you, I encourage you to ask me for clarification by using the reply button.

Unfortunately this is one more example of CPS acting in an aggressive and unwarranted manner while ignoring the situations where children need intervention. I suggest that you retain local counsel at once as the situation can become very serious very quickly.

Here is why.

Child services has an incredible amount of authority and power. A single CPS worker can remove your children from your home immediately if that single worker thinks that the children are in danger. This is an extremely subjective finding and therefore all dealings with child protective services should be through legal counsel.

I hope that this helps.
Ellen and other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
can i go and tell them i will consent to any test except the hair test.
Expert:  Ellen replied 6 years ago.
It is typically best not directly interact with CPS.

Any interaction that you have with CPS can be interpreted against you by the CPS worker. As you can see you have been tested numerous times even though each test was negative- this repetitive testing is absurd and appears to indicate that they are expecting a positive result

Please realize that the CPS worker can come into your home at any time and take your children because that CPS worker thinks you are in danger to your children. You will then have to prove you are not a danger to your children in order to have them returned to you. In the meantime they will be in foster care.

I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Please call local counsel and have local counsel deal with CPS.

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