Cps drug test

K

Kmarx

New Member
Jurisdiction
Texas
Hello, my boyfriend got custody of his daughter 11 months ago from cps and her mother. We moved in together last week. Cps came by to close the case out i happened to be there and she asked me for my info..I gave it to her. With no problem. She calls back and says i have to go to a clinic and take a drug test because of something on my backround from 2012... I haven't even recieved a speeding ticket in 4 yrs. No trouble whatsever...so I'm wondering since they were closing the case and my bf was not the one under investigation if I really have to do it or not. Im clean but to me just a privacy issue. Thanks for the help
 
Kmarx said:
if I really have to do it or not.
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Absent a court order what you've been directed to do is nothing more than a request.

However, your refusal to cooperate MIGHT impact the man and his daughter.

CPS is a known bully!
 
But they said they closed the case. So im not understanding why. And what i have to do with it..

And once again, he was not under investigation, the babies mother was.
 
Kmarx said:
But they said they closed the case. So im not understanding why. And what i have to do with it..

And once again, he was not under investigation, the babies mother was.
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CPS is a bully.

CPS scares people into cooperating with them.

Without a court order you are free to tell CPS, I will NOT submit to you or anything you request.

Go away CPS, leave me alone.

As YOU said, YOU nor is the male, under investigation for ANYTHING.

If that is true, simply say, NO.

Once you say NO, DON'T communicate with CPS or allow CPS to communicate with you.

You have the RIGHT to remain SILENT, I suggest you use that and all of your rights!
 
Thank you, couple more questions. How long can this drag on if I refuse... an also do you think a judge would order me to take it.even though we are not under investigation
 
Kmarx said:
How long can this drag on if I refuse...
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Hard to say, a month, maybe three, it just depends on how obstinate CPS becomes.

CPS wants people to comply, not refuse.

CPS wants to trample your rights.

Kmarx said:
do you think a judge would order me to take it
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I represented a couple about three months ago.

CPS had no case, they were fishing.

The couple kept saying no, and refused to be bullied.

CPS eventually went away after about three, maybe four weeks.

I KNOW that CPS can't order anyone to take a drug test, unless the person(s) have foolishly signed one of their "help me-help us" documents.

CPS can ask a judge to order you to take a test.

However, based upon your representations CPS has no reason to request you to be tested.

That was the same position my clients were in, no case, no court order.
 
If you are NOT taking illegal drugs or the like you have nothing to fear. If you are then your are placing your BF custody at risk and he may have to choose between you and his child. Where I agree with the above it might be faster and easier to comply and end this. That is of course if your NOT using drugs. Yes CPS are bullies. But again if you have done nothing wrong you can end this by taking test. Its possible the other parent or someone else may have raised concerns about possible drug use on your part. Regardless you can refuse and ignore further request and wait and see what happens to custody ruling or if your forced to take test. Or you can comply (if not using drugs) and end this.

Dealing with Children's services | Parent Nook
 
shrinkmaster said:
If you are NOT taking illegal drugs or the like you have nothing to fear. If you are then your are placing your BF custody at risk and he may have to choose between you and his child. Where I agree with the above it might be faster and easier to comply and end this. That is of course if your NOT using drugs. Yes CPS are bullies. But again if you have done nothing wrong you can end this by taking test. Its possible the other parent or someone else may have raised concerns about possible drug use on your part. Regardless you can refuse and ignore further request and wait and see what happens to custody ruling or if your forced to take test. Or you can comply (if not using drugs) and end this.

Dealing with Children's services | Parent Nook
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If she did nothing wrong then she shouldn't let them bully her. I don't do drugs and if CPS came up about a case I had no involvement in or a significant other and asked me to take a test I'd tell them no.
 
leslie82 said:
If she did nothing wrong then she shouldn't let them bully her. I don't do drugs and if CPS came up about a case I had no involvement in or a significant other and asked me to take a test I'd tell them no.
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Agreed but she can also make this go away quicker by compiling providing she has not used drugs
 
Yes, i agree. But i have no involvement with her mom cutting her wrist in front of HER child. I feel like its a privacy issue on my part. I don't do drugs, that's not the point.
 
Its your call. If you do not do drugs then you know you will pass test and this will be over. If you refuse you "could" interfere with your BF custody case and thus cause problems in your relationship. You are certainly within your rights to refuse and wait for court order if any. All I am saying and I clearly see your point is to make this go away quick agreeing to test should end it. Refusing will prolong things and possibly keep child away from your BF. I get your point its not right or fair but life doesnt always work fair.
 
Kmarx said:
Yes, i agree. But i have no involvement with her mom cutting her wrist in front of HER child. I feel like its a privacy issue on my part. I don't do drugs, that's not the point.
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You can never make a bargain with a bully.

The more you agree to do for a bully, the more the bully will demand to be pacified.

The smart thing to do is avoid the bully, have no contact with the bully, which is why we have the right to say NO to our various government entities.

Once you give a bully an inch, the bully will take 1,000 miles!
 
You get to decide what to do, not CPS.
There is likely no mechanism with which they can compel you to take a test. You have the right to refuse.
Whether or not you comply should have no bearing at all on the custody matter.
 
This very issue has been discussed on Parent Nook Forums - Index page (Parenting site hosted by this site) and in some cases the Parent was given option to keep child/ren away from BF/GF or risk custody issue. Not saying this will happen just that it could. Again if your clean whats the problem?
 
There is merit to both sides of this argument. I think what makes a difference is that she said she just happened to be there when they came by. If she doesn't live with him then CPS is way overreaching. Are they going to drug test everybody that comes by? If she lives there I can understand their concern.
 
shrinkmaster said:
This very issue has been discussed on Parent Nook Forums - Index page (Parenting site hosted by this site) and in some cases the Parent was given option to keep child/ren away from BF/GF or risk custody issue. Not saying this will happen just that it could. Again if your clean whats the problem?
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It's the principle that no one should be bullied into doing anything. I haven't done any drugs since 2002. Marijuana I tried in college. Then I joined the Army. So I haven't done any of that because I was in DEP almost 2 years before I went to basic. I also haven't been drunk since the weekend before I found out I was pregnant...she's 4 now. Most I've had is wine coolers. So I know I have no problem passing a drug test - and I still wouldn't take one if I was with someone who's ex was having a custody issue. It's not MY custody issue and if me refusing would cause issues for that person, I would then end the relationship and walk away. Honestly I wouldn't even be with someone if there was all that drama going on.
 
txls said:
There is merit to both sides of this argument. I think what makes a difference is that she said she just happened to be there when they came by. If she doesn't live with him then CPS is way overreaching. Are they going to drug test everybody that comes by? If she lives there I can understand their concern.
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Yes she lives there "Hello, my boyfriend got custody of his daughter 11 months ago from cps and her mother. We moved in together last week."
 
It still doesn't matter. Requiring her to take a test just because she lives there is unreasonable.
I highly doubt there is any statute or department policy that requires this. It is likely nothing more than CPS overreach. Most people don't know that refusing is an option and social workers become accustomed compliance with their demands that it becomes an expectation.
The action or inaction of an uninvolved party over something in which that party has a legal right to refuse can not reasonably be used against the parties who are involved.
This is really no different than going to the neighbors and requiring thet to test, or the parents of the child's friends.
 

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