Texas CPS

Discussion in 'Other Family Law Matters' started by zero, Jun 21, 2010.

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  1. zero

    zero Law Topic Starter New Member

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    Here is the situation.

    I have two friends that are married with a 5yr old child. Someone, "a family member" called CPS on them for Marijuana.

    Case worker comes on New Years eve around 5pm to take the child, there was no marijuana in the house, no smoking utensils visible, only the admitting of smoking by my two friends.

    CPS put them in the programs and started sending them to classes.

    They administered the drug test knowing that they were going to fail.

    A month later they administered another drug test and again, the female failed due to not enough time getting out of her system.

    Months later she failed a drug test that was given due to accidentally smoking tobacco out of a dirty pipe. it register as a 0.003% THC rating.

    After failing 3 drug tests ( 2 which were certain to fail ) they court ordered her to rehab for 2 months ( in treatment ).

    She is not the strongest person mentally and could not handle being locked up in treatment so she left. Now they are saying there are no other options and she is going to loose rights as a parent. They are also talking about putting a restraining order against her to see her child.

    It has been going on for 6 months now and they have not given her much of a chance, she has been judged and treated unfairly since it began.

    My question is, is there any chance of her lawyer getting her another option, as in maybe out patcient treatment at a rehab and counseling? A type of probation rather than being locked up in rehab. She has a history of mild phycological problems.

    I am a friend seeing advise as I am being pulled into the middle of the situation because I am providing housing for one of the members.

    Please help and send advise my way... I need all I can get... Thank you....
     
  2. Antigone

    Antigone New Member

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    It seems like your friend is her own worst enemy. The court is not going to exercise much patience with your friend since she has already shown the court that she is not willing to comply with their orders. I don't know if obtaining an attorney will help at this point, but it may be worth a try.
     
  3. Duranie

    Duranie Moderator

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    Who has the child now?

    If she wants custody back she must finish her case plan end of story. If she refused to comply and go through treatment, she may see her rights terminated.

    CPS handles marijuana in each state a little different. I for one do not think it is a huge deal but apparantly your friend and her hubby smoke it way too much for having a 5 yr old plus if she drives impaired on it, that is just like driving drunk.
     
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