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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9905
Experience:  Experienced Family Law Attorney
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I Just had CPS show up at my home and contacted by my

Customer Question

Hello, I Just had CPS show up at my home and contacted by my partners mother whom I have little to no contact with at all for some time now. My partner hasnt been on good terms with her she's made wild accusations to CPS that there's significant drug use and that my house is really dirty..CPS said my house is fine not dirty at all and that neither Woody or I appear to be on drugs and kids look nice and healthy...but he still requested that we both go in for drug test? Do I have to do this drug test what can happen if I refuse? I don't have any drug related history at all...
Submitted: 2 years ago.
Category: Family Law
Expert:  LegalGems replied 2 years ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted.
A parent need not submit to a drug test absent a court order. CPS does not have the authority to force a parent into taking a drug test.
If they believe there is substance abuse, they can get a court order compelling the parent to undergo drug testing.
If the parent refuses a drug test the department can remove the children from the home for a period of 72 hours if the authorities feel it is necessary for the children's safety. After that period, they need to get a court order in order to detain the child.
I would urge you to get an attorney to oversee any future requests/investigations by the department.
Here is the handbook that explains the CPS process:
Page 11 explains parental rights.
And please see:
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Expert:  LegalGems replied 2 years ago.
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