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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son (Nick) and his ex girlfriend (Jasmine) have a CPS

Customer Question

My son (Nick) and his ex girlfriend (Jasmine) have a CPS case involving my 16 month old granddaughter (Nicole). My granddaughter was allowed to stay in our home with me being the safety monitor 24/7 until Jasmine dropped clean. Jasmine is no longer living in our home because she was stealing from us. Since she moved out, she has had a new report filed against her for slapping my granddaughter and for using heroin. When I first leaned about her slapping Nicole, I told her she could not have the baby until I spoke to CPS. She became really ugly and said "This is not the end, I will make my own reports and you both with never see Nicole again. She will be taken from you too".
My son has attended every meeting, counseling, and dropped clean. He is completely complying with CPS. Yesterday the CPS caseworker called me to say that Jasmine had reported that I used Meth in front of both she and the baby, and that I need to give a hair follicle test. I was pretty shocked because they have met me, know that I work hard and provide a nice, clean home for my children. I have done some recreational drugs in the past 3 months (smoked pot maybe 3 times, done a couple of lines) but never around my family or grandchild or when they were even in my care. I know that doesn't sound great. I do not want to open a cps case against myself (my son is 19 but my daughters are 15 and 16, both are straight A students).
I can pass a urine test but would be nervous to do a hair follicle test. What rights do I have, any?
Thank you .
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 1 year ago.

Sorry...what rights are you referring to? Are you asking if you have a right to refuse a drug test?