i need an answer

[holycowmolywow]

If i fail a mouth swab drug screen, but the other parent in the home is clean and passed will cps remove our child?

 

[ElleMD]

Being as no one here knows your case it is impossible to say. If CPS has reason to believe the child is in danger with a drug positive parent in the home or for any other reason, yes, they may remove said child.

 

[holycowmolywow]

Wouldnt they make me leave the.home before doing so

 

[cbg]

There is no possible way for us to give you anything more than a guess. There is no one, hard-and-fast, always-the-same-in-every-situation, procedure.

 

[army judge]

Wouldnt they make me leave the.home before doing so

CPS can't make you do anything. You aren't even required to allow CPS in your home without a court order.
You should never agree to be interviewed by any government agency unless your attorney is present, or advises you to speak with the agency.

If you refuse to speak to CPS, and/or allow them voluntarily into your home, they sometimes leave you alone.
They also sometimes seek a court order.
At least if the court is involved, EVERYONE'S rights (including the previous childrens' rights), DUE PROCESS is ensured. Plus, if you can't afford an attorney, you are free to adk the court to appoint one to represent you.

Will CPS remove your child?
Maybe, maybe not.
You'll ave to wait their next step.
Or, you can refuse to cooperate, force their hand to go the longer court route, and due process will protect all.

If you're using ILLEGAL SUBSTANCES, or ABUSING LEGAL SUBSTANCES, seek help.
If you love your family, do it fr you and the ones you love, who also love you.
Get into rehab, get help, get clean, get your life back.

 

[ElleMD]

CPS can't order you out of your home. They can say that the children may not live in a house with you in it. Moving out may or may not make a difference. We have no idea why CPS is involved or what they found in the course of their investigation, or what the situation is with this other parent. For all we know this other parent is the real focus of the investigation. I do strongly suggest you cease any and all use of controlled or illicit substances and if you can not do that on your own, you get yourself into a treatment program. Nothing good will happen as long as you are not clean.

 

[mightymoose]

Unless a court has ordered it they can't even make you submit to the drug test.
When these things come up take the time to consider whether you are required to do something or whether you are volunteering.
CPS is powerless to do much of anything other than ask questions without a court order permitting them to do more. Of course you don't have to answer their questions if they ask. The less you tell them the less they have to use against you, and the harder it will be for them to convince a judge to allow the children to be removed.