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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can someone refuse to be drug tested if the request is from

Customer Question

can someone refuse to be drug tested if the request is from ACS?
JA: Can you tell me what state this is in?
Customer: New York
JA: Has anything been filed or reported?
Customer: a newly opened ACS case - son was sick and kept home five days, principal made appointment with me and I could not attend because no one could care for him in my absence.
JA: Anything else you want the lawyer to know before I connect you?
Customer: just looking or this answer right now.
Submitted: 10 months ago.
Category: Legal
Expert:  Ely replied 10 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.

The answer is yes, they can refuse. But if they do, ACS may try to go to Court.

Understand that ACS has no "power" per se. They cannot force an interview, and they certainly cannot simply take a child away from the parents 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, ACS 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 (such as mandatory drug tests for a while and drug classes). Now, while ACS has the "ear of the court," this does not mean that the court always agrees with ACS and if you challenge their claim, it may be denied. But this is a risk.

If ACS sees an issue, they will normally request that you to take an action (such as a drug test and if positive, then a drug class) and if not, then they can approach the court and the court may agree that if you do not, you'd risk ACS going to court to ask for the same.

If you feel that the requirement by ACS 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."

ACS 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.

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 10 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!