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Drug test administered wrong under oath

Discussion in 'Child Abuse, Neglect & Porn' started by Castdown76, Sep 5, 2018.

  1. Castdown76

    Castdown76 Law Topic Starter New Member

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    We are in a cps case where last month we had to take a test at court first the caseworker gives me what is needed and then my wife. 10 minute later my test is complete but my wife's was not so she still needed about 5 minutes.we where told to go to the court room, my wife still having her swab in her mouth sits down in the court room and as soon as she sits down the judge walks in the room and sits everyone down his first words where " alright lets get this started she can retest after court.He was trying to hurry the test well im thinking that it put one of the cps workers in a hurry. The case worker walked up to my wife in front of everyone and told her to spit in the cup so there is enough Silvia. Well my wife said did I just hear you wright did you say to spit in that cup! Caseworker says yes so my wife comes back with, "Ill tell you what" Im going to spit in that there cup but im telling you right now thats not what the directions say and you will not beable to use it after. After my wife spits in the cup the caseworker grabs the cup with the sqab in it and walks out of the court room with it open and no top put on also no initials signed before sending to the lab. Direction are put swab in mouth if end of swab turns blue or 15 minutes has went by put swab in liquid cup and seal top get initials on cap tape of donor for safe transport.
    My question is if a test is intentionally administered wrong does it thro the case out or just that one test? Indiana law
     
  2. mightymoose

    mightymoose Moderator

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    Just the one test, if they agree it was done improperly. They will just do another.
     
  3. Castdown76

    Castdown76 Law Topic Starter New Member

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    That was the test sent to the lab and she was never retested when the judge requested it to be done right.
     
  4. Castdown76

    Castdown76 Law Topic Starter New Member

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  5. Castdown76

    Castdown76 Law Topic Starter New Member

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    We where incarcerated after court for 30 days over contempt but they never came to retest her they sent that one off and never said anything about it. Counted that test as if nothing was done wrong.
     
  6. Castdown76

    Castdown76 Law Topic Starter New Member

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    Now cps is acting funny! After we got out we went stright to the office to test and they told us we dont have to. And both of us have been calling in everyday to see if we need to test with every call being a no test, your not on the list. we got out on the august 22!
     
  7. leslie82

    leslie82 Well-Known Member

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    You need a lawyer.
     
  8. mightymoose

    mightymoose Moderator

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    Why are you under the impression another test is required?
    Were you ordered by the court to test again after you were released?
     
  9. Castdown76

    Castdown76 Law Topic Starter New Member

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    Yes, we have been doing random drug testing for 6 months and that day when the judge said lets get this going( meaning end the drug test) he also said that my wife can retest after court becuse she had a couple more minutes to wait before pulling the swab.and he was in a hurry to start. But sent to jail ammedientily after court. My wife passed every drug test done before the review. There was absolutely no contempt direct or indirect, and also has all proof. They said I failed 1 test but everything else fully compliant. We both went in over nothing. 30 days without seeing are kids. And they say it all about the kids. We have never been to jail in are lives! And watching all the criminal bond out and me and my wife in with no bond! Are case is civil. Lastly both of us lost are jobs of five years at 25.00 dollars a hour over so called contempt. Im scared!!!
     
  10. army judge

    army judge Super Moderator

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    Did CPS come knocking on your door, threatening you, demanding you do this and that, or else?

    If so, you signed to accept their services.

    That translated means, you signed up to be their indentured serf, pledged your kids until CPS was satisfied you had been domesticated and broken properly.

    I wish you had posted before you and your spouse shafted yourselves.

    The bad news, this abuse can continue for two or three years.

    They'll also scam money out of, using their "legal" documents.

    If I were you, I'd talk to three or four LOCAL family law attorneys.

    You can get your "letters of manumission", if you learn how to get the "troop of monkeys" off of your backs.

    That's why you needed a lawyer a year ago.

    Its not too late, mate.
     
    leslie82 likes this.
  11. Castdown76

    Castdown76 Law Topic Starter New Member

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    Thank you! Its been the hardest thing me and my family have been through in are lives. I truly wish someone could of told us about the agency but raised a 10 year old with no complaints. That why we never knew about the corrupt actions of the agency. I think we where alittle to nice to the monkeys. Seems to be very hungry. We think we found are calling! By helping others.
     
  12. army judge

    army judge Super Moderator

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    If CPS ever knocks on your door again WITHOUT a warrant, simply ask them to leave.

    CPS is not special.

    The police have to get a warrant to enter your home, the FBI, DEA, state police, and law enforcement agency, without a warrant; no one can enter your home.

    If CPS believes you were doing something illegal, their remedy is to go to court.

    However, if they do that, the state is required to pay for your lawyer, your spouse's lawyer, and a lawyer for each child.

    If more people simply say, "Sorry, please go away. We don't ever want to play with you."

    CPS goes away, of course they'll keep knocking, but you can ignore them without a warrant.

    In all likelihood, you wouldn't be where you are today if you hadn't let the weasels in the chicken coop.

    Also, never sign anything unless you consult a lawyer; especially legal documents.
     

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