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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102600
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Cps opened a case 41 days ago to investigate potential abuse

Customer Question

Cps opened a case 41 days ago to investigate potential sexual abuse of my son after the school called because he told a girl he would stick his wiener in her butt. They interviewed me, told me I wasn't a suspected perpetrator, nor found any evidence based on my children's interviews at school. But she did ask for a drug test. I told her I didn't think it was necessary and refused. I had a past cps case that ended two months ago because my daughter passed from SIDs. Just after her death cps came in and had me sign lots of papers that I aparently had agreed to take a drug test so I did and was positive for pot. They said because of this there was reason to believe the children were neglected and they stayed in my life for six months. I didn't do anything to my baby otherwise the detective would've arrested me and I never smoked anything around my kids. Either way, can cps use this past case to get a warrant for a drug test in this new case?
Submitted: 11 months ago.
Category: Family Law
Expert:  Ely replied 11 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.

I am sorry to hear about this situation. DFPS (CPS) cannot obtain a warrant. They are not a police agency. Just like before, you can refuse a drug test.

Understand that DFPS 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, DFPS 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. In these cases, they can ask the Court to order you to take a drug test, yes. But that is only if they end up going to court.

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

If you feel that the requirement by DFPS is unreasonable, then you can refuse. 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."

DFPS 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. Be careful and do not let them intimidate you!

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 11 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!