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Drug testing a child
- Thread Starter Dkramer
- Start date
army judge
Super Moderator
Let's start by offering you some reading material:
https://www.odh.ohio.gov/-/media/OD...nd-Adolescent-Sexual-Abuse-Protocol.pdf?la=en
Before I go too far, this is the MOST important thing to know:
Q: Should I get an attorney if a complaint is filed?
A: It would be very wise for you to find an attorney who practices in juvenile court. If an agency files a complaint alleging your children are abused, neglected and/or dependent, and you cannot afford an attorney, the court will appoint an attorney for you if you ask for one.
This one is just as important as the previous one:
Q: Do my children get an attorney?
A: Counties differ as to determining when or whether an attorney is appointed to represent the children. However, if the court decides that the children are being neglected or abused, then the court will appoint a guardian ad litem (GAL) to determine and represent the best interests of the children. The GAL will also present the children's wishes to the court. The court-appointed GAL will conduct an independent investigation by interviewing all the parties including the children, caseworkers, and service providers. The GAL will observe interactions between the children and the parents and will review all relevant records pertaining to the children.
These questions and answers are also very useful, as far as parental rights are concerned.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Q: What rights do I have if a caseworker comes to my home?
A: Unless the caseworker has a court order, you do not have to allow the caseworker into your house, permit her to talk to your children, sign releases for any of your personal information or consent to any evaluations or tests. You also have a right to have an attorney present when you talk to a caseworker.
Q: What happens if, based on the caseworker's visit, the agency decides that my children are being neglected or abused?
A: In such a case, the agency may either ask you to work a voluntary case plan, or may file a complaint at juvenile court asking the state to intervene on behalf of your children.
Q: What happens if a complaint is filed against me?
A: A hearing must be held within 72 hours after a complaint is filed. This first hearing is a called a shelter care hearing. At this hearing, the agency must prove to the court that your children should not be returned home. Within 72 hours after the complaint is filed, an adjudicatory hearing must be scheduled. The adjudicatory hearing is a trial at which the agency must prove by "clear and convincing evidence" that the allegations in its complaint are true and rise to the level of abuse, neglect and/or dependency. If your children are found to be abused, neglected or dependent, the court will schedule a dispositional hearing where a case plan will be adopted and the temporary placement of your children will be determined.
Ten things every parents should know:
Ten Things Everyone Should Know About Child Protective Services
CPS has no legal RIGHT to even speak with your child, unless they obtain a court order.
As far as drug testing, in some extreme cases the answer to your original question is maybe YES or maybe NO, until you provide more details!
You should instruct your children to not to talk to CPS or the police and to immediately ask for mommy or daddy to be present and then say nothing until mommy or daddy arrives!
mightymoose
Moderator
No, but they can certainly ask.
Forcing a drug test would require action from a court.
Its not my kid it's my brother in law but he is 15 and there is a open case with his mom. They found out he smoked weed before and now he has to do a assessment
army judge
Super Moderator
Human beings must follow court orders.
CPS has no ability to order anyone to do anything.
As its not your kid, it's also not your business.
mightymoose
Moderator
No he doesn't.
Not unless he is on probation or a court has otherwise ordered him to take the test.
If not then it is simply a request, and requests can be denied.
Do you know if they are aloud to watch him take the test
army judge
Super Moderator
If the kid was smart, he'd be coordinating and reporting all of this madness with his parents; not an uncle who is powerless to do anything to assist the lad.
Asa far as the test, YES, children who attempt to be adults often get bullied, abused, and scammed by a powerful cadre of state or federal bureaucrats.
Truthfully, so do many adults who believe they can battle the bureaucrats and their lackeys without fully educating themselves to the fact that we all have the right to due process before obeying the illegal commands of those who would be our overlords!
mightymoose
Moderator
They are allowed to do whatever the parents or a court order allow them to do.
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