what happens when you refuse voluntary drug tests from the child protection services?

Question

cps wants me to voluntarily take drug tests and i am planning to refuse. there is no need for it

Answer 1

You can refuse, but you probably will get a hard time by CPS.

Answer 2

If its voluntary then you need to stress the point of the word. You dont have to take the test but the CPS could have legal wiggle room or go around the bush in order for you to take those tests. Look up the states laws dealing with drug tests and child protection..

Answer 3

I would not refuse if I were you. You may end up losing your children. You obviously are being watched by Child Protective Services for past problems with drugs or alcohol. If your children were removed from your custody before and given back with the understanding that you would not use again, and then you refuse to submit to the test as ordered, there is a very good chance of losing your children. If you are not using drugs or alcohol, just take the test and show them that you are clean. I suspect you are using again and you don't want to admit it and fear loss of your children. Get your act together, for your kids sake.

Answer 4

Cps Drug Testing

Answer 5

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Answer 6

If you know you don't do drugs, then go get an independent test done and slap the results on their desk!....but if your in "hot water" with the CPS, due to your fault, or accusations, then that all depends on if you want to see, keep your kids......Me personally, if I was wrongly accused, etc. I would hold my arm out without hesitation, but, would ask that since testing can get screwed up in the lab, that a second test be done as well, like a week apart, to have two conclusive results if possible.....

Answer 7

They can have it court ordered and if you refuse a court order you will be held in contempt. Refusing to take a drug test just signifies that you are guilty. If you want to keep or get your children back please comply with child protective service. My mother was a transport officer for CPS for years and she is one of the only ones that is for the parent child relationship.... if she sees the parent is worthy of being a parent. Donot mess with CPS.... they can make your life a living hell. They can take your child/ren for that reason. Just comply. It shows you are trying and good character. If you are afraid of something then maybe u could consider getting better first before taking on a responsibility of your children right now.

Answer 8

She should ask them what grounds they have for suspecting that a drug test should be taken, given that he first test was negative...then she should start talking about the Human rights Act and say that she would like a written explanation as to why the test is deemed necessary...then she should take that written explanation to a lawyer and sue Children's Services for Defamation.

Answer 9

Just do it and get it over with, they'll make you do what they want you to one way or another.

If you are using again, please quit. If you test dirty and they take your kid(s) away (again) it's going to be even harder to get them back and they may never forgive you for it.

A friend of mine has had two kids taken away twice, and only now she is clean and serene and can keep her kids, but is checked up on OFTEN and THOROUGHLY.

It's trouble with the law and more especially your kids that you nor anybody you love or that loves you wants you to be in.

Answer 10

This answer is for California only as I have no idea what the laws are in other states.

If CPS is asking you to take a drug test, then they either suspect you are on drugs or something else has occurred. Most dependency cases relate to drugs somehow. In any case, CPS must be on to you. Maybe they have taken your kid away already or are thinking about it. You must consult an attorney ASAP who deals in this area. CPS knows the laws and you don't and CPS workers are skilled at scaring you so as to give away your rights. They'll tell you things that aren't true that make it seem like you have no rights. Frankly, CPS is used to dealing with people as though the Constitution doesn't exist and are often surprised when people take them on. But the question is: Should you refuse?

Before the jurisdiction hearing (at which point the court takes "jurisdiction", which means power over the child), CPS has no power to drug test you. That means that CPS cannot hold the fact of your refusal against you at the jurisdiction hearing or at the disposition hearing. Once the disposition hearing takes place and drug tests are part of the case plan, any refusal would show that you did not substantially take part in your case plan. If you don't take part in your case plan, the court can ultimately block reunification with the child (or block ending dependency if the child is living with you).

Of course, you don't want any drug terms to become part of the case plan. If CPS proves drug allegations at the jurisdiction hearing, the court can require you to participate in drug treatment (perhaps even an inpatient program), NA/AA classes, and drug tests. The court will make you take parenting classes and perhaps other types of classes as well, so adding drug stuff will be a huge pain in the rear. Because the case plan will call for you to maintain employment and do a huge number of other things, you want to minimize what they put in the case plan. If the case plan requires a lot, you have a worse chance of being successful. As such, you probably want to ensure that you have a smaller case plan. Therefore, it might be a good idea to refuse. If CPS can't prove drug allegations at jurisdiction, they cannot put drug terms in the case plan at disposition. A positive drug test would guarantee drug terms are placed in the case plan.

CPS workers are lazy, so they'll want you to prove their case for them. Don't help them. Cooperate, but don't answer their questions if they are thinking about taking your kids away. About 90% of the time, courts take jurisdiction because of confessions from parents or because the parent took a drug test. As such, cooperating in a drug test or confessing is a bad idea.

Refusing is not supposed to be used against you. On the other hand, not all judges know the law and there may be other evidence against you that would lead a court to take jurisdiction on any drug allegations. Lack of cooperation is also not supposed to be held against you at Jurisdiction or disposition, but what you do can be twisted and often is. In fact, CPS will bring up the non-cooperation at court no matter what and your attorney needs to argue that your refusal cannot be held against you. You should consult an attorney immediately who is skilled in the area of dependency law (and their aren't many) to determine what the best course of action is in your individual case. Maybe they already have a positive drug test. Maybe they have a witness that will tell the court about your drug addiction. Who knows?

One should also note that Miranda does not apply in Dependency cases. In other words, CPS workers don't have to tell you that you have the right to remain silent and that you have the right to an attorney, etc. CPS workers aren't cops and dependency cases are criminal cases, so Miranda doesn't apply.

Again, I don't know what the law is in other states, but, in California, refusing drug tests before jurisdiction and even disposition, is not supposed to be held against you. Still, refusal carries risks. A CPS worker may take an extra special look. You mention that there is no need for a drug test. Does that mean it'll come back negative? If you know it'll come back negative, you might consider taking it to prove that you are at least not a drug addict. On the other hand, they can test you for the prescription drugs you are on, too, so you might want to hide that from them. What if you are on anti-anxiety drugs? CPS would then ask you new questions about that and this would open a new can of worms.

The main thing is: Don't screw with CPS unless you have an attorney.

Answer 11

Tell the Gubment to F off and leave you the hell alone.

Unless you are a sorry butt parent

In that case take out a 100,000 life insurance policy and have an accident.