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My 19 yr old daughter was recently involved in a C.P.S. case…

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Hello, my name is*****...

Hello, my name is***** 19 yr old daughter was recently involved in a C.P.S. case over a first time marijuana possession case in Erath County, TX. Her daughter is 4yrs old. The case was thankfully closed just a little over 2 weeks ago because she successfully finished all classes that were required to take and passed all of the drug tests that were given as well. She has a good relationship with her case worker as well. However, her case worker just sent her a text today, asking her if should would come in to take another drug test today or tomorrow, and we don't understand why she should have to do this again. She is going to college full time and working part time, as well as raising her daughter in her own home. They have not said there is a new case or anything against her either. I was under the impression that there should be a case against her or a court order, in order for this request to be required from her. There is neither, and as I said, her case was for sure closed. She is just very busy and frustrated that she will have to rearrange her schedule that this has been asked if her once again, when nothing has happened. She is a good mother and her daughter loves her mother so much

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Sorry, do you deal with cps cases?

Lawyer's Assistant: Have you talked to a lawyer yet?

No mam.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just wanted to ask if this is right w/out a court order or anything right now? Thank you so much.

Submitted: 7 months ago.Category: Family Law
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Answered in 2 minutes by:
10/3/2017
Family Lawyer: Gerald-Esquire, Lawyer replied 7 months ago
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,174
Experience: Over 30 years of experience.
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Family Lawyer: Gerald-Esquire, Lawyer replied 7 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

If the case has actually been closed (as you indicate) then CPS has no basis to ask for another test. I wonder if the Caseworker forgot to obtain the drug test that they normally do just before closing the case and is trying to cover here mistake by documenting the test after the fact.

If there is not an existing case then it is not appropriate for the caseworker to ask for the test.

Here is the Texas state manual for random screens by CPS:

https://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_1923.asp

You can see that there are numerous circumstances where testing is NOT called for. Your daughter may want to review this manual. The problem with just refusing however is that CPS has been known to be over reaching. Your daughter may wish to contact her attorney to have a letter written to CPS asking for clarification and justification for the screen.

It would not cost very much for the letter AND it might put an end to this for good.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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