1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

CPS drug testing

Discussion in 'Juvenile Crime, Law & Court' started by hr101889, Jun 25, 2017.

  1. hr101889

    hr101889 Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Ohio
    cps wants my boyfriend and I to have a family member in our home to supervise us with our newborn. We have been drug tested by them a couple times and they watch us while we pee. They want to have the family member who is going to supervise us with our son drug test as well before they approve them to supervise. My question is, can CPS or another drug testing agency legally watch my family member pee for their drug test?
     
  2. leslie82

    leslie82 Well-Known Member

    Messages:
    1,836
    Likes Received:
    259
    Trophy Points:
    83
    Has the court ordered these drug tests? What's the background of why CPS is even involved with your family? They don't just have people supervised every time they have a baby.
     
  3. hr101889

    hr101889 Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    No there is no court involvement. We are doing what is called a safty plan. Which just means we will have to be supervise with him by someone in our home for a couple of weeks to make sure we don't fall back into relapse. So father and I will be drug tested during this time and attend drug and alcohol counseling. They are involved becAuse my son was born addicted to subutex, which I was prescribed and becAuse father and I have a long drug history.
     
  4. army judge

    army judge Super Moderator

    Messages:
    33,000
    Likes Received:
    5,229
    Trophy Points:
    113

    No, you can simply say, NO.

    However, for every action, there will always be a REACTION.

    CPS could let it go, or take the matter to court, obtain a court order and appoint someone to WATCH you and the other person urinate!!!!

    Before you say YES or NO, I suggest you retain legal counsel.

    Or, wait until CPS takes you to court, and ask the court to appoint legal counsel, which if the court does means YOU, HE, and baby get attorneys.

    Once that happens the fun occurs.

    You were ill advised to have another baby, at least in OhiO with your alleged history, someone will always be watching you and he.
     
  5. hr101889

    hr101889 Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    I know that they will watch us urinate meaning me and the babies father but I mean will they watch the family member that we have chosen for the supervision can they legally watch them while they urinate for their drug test?
     
  6. leslie82

    leslie82 Well-Known Member

    Messages:
    1,836
    Likes Received:
    259
    Trophy Points:
    83
    You don't even have to take the drug test until it's court ordered like army judge said but then CPS can always go get a court order.

    Why would they have someone there to watch the observer? They'd just send their own then.

    I think you need to take army judge's advice.
     
  7. army judge

    army judge Super Moderator

    Messages:
    33,000
    Likes Received:
    5,229
    Trophy Points:
    113


    On The Micky Mouse Club, Wednesday was "Anything Can Happen Day", answer then, is "Anything Can Happen".

    ..

    ..
     
  8. mightymoose

    mightymoose Moderator

    Messages:
    11,364
    Likes Received:
    1,961
    Trophy Points:
    113

    Personally I would not even speak with cps or allow them in my home. Everything they are doing is with your consent. If you don't like what they propose just say no.
    If they have what they need for a court order they might go get one. However, if they already had what they need they wouldn't likely be asking for your consent in the first place.
    You can enact this safety plan on your own, with whoever you like, and leave cps out of it and skip the tests.
     
  9. Disabled Vet

    Disabled Vet Active Member

    Messages:
    813
    Likes Received:
    238
    Trophy Points:
    43


    Any person that would put a child thru this..... Shouldn't have a child in the first place
     
  10. txls

    txls Well-Known Member

    Messages:
    1,963
    Likes Received:
    272
    Trophy Points:
    83

    Of course if you agree to go along with their plan, and you have a family member who is willing to supervise, then it will be up to that family member if they are willing to do the drug test. No one can force them to submit to that. However as mentioned, if you don't go along, then things can get more serious. It sounds like CPS has valid reason to be concerned for the safety and well-being of your child. Your goal and theirs is to keep the child in your home as long as it's a safe environment. If they do not believe your home is a safe environment, then your child can be taken away.
     
  11. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,716
    Likes Received:
    2,671
    Trophy Points:
    113

    It's legal if you consent to it.

    If you don't want to consent to it, you can say no.

    If the situation is serious CPS can seek a court order to remove the child from your home.

    It's anybody's guess whether they get it or not.

    Up to you. Comply or roll the dice.
     
  12. shrinkmaster

    shrinkmaster Well-Known Member

    Messages:
    3,737
    Likes Received:
    294
    Trophy Points:
    83
    Its not uncommon to validate a urine test. The best way to do that is someone watch you pee so it can be said urine is yours! This happens in these cases because people fake test or use "clean urine" from other person. If you refuse then CPS has option to get court order or even seek child/ren be removed. If your clean and this is only a couple weeks I would comply. Its about child's safety not your feelings.
     

Share This Page