Asked 3 months ago - Dallas, TX
If cps asks u to take a mouth swab drug test and u take it but after over 15 minutes of not only you but also the caseworker swabbing the test around your mouth the test will not show a reading not positive or negative can they say that it is the same as being positive and remove your child?
Attorney answers (3)
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Roderick LopezPro
Car / Auto Accident Lawyer - Laredo, TX
Contributor Level 8
1
Lawyer agrees
Answered 3 months ago. I would say there needs to be a showing that your child is in immediate danger before they can take your child.
An exception is a prior CPS violation where a safety plan violation occurred. -
Dorothea LasterPro
Family Law Attorney - Lake Dallas, TX
Contributor Level 18
Answered 3 months ago. I wouldn't think so. I would expect her to retest.
Ms. Laster practices in Dallas, Denton, Collin and Tarrant Counties. Principal office located in Lake Dallas,... more
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Michael Arkin
Lawyer - San Diego, CA
Contributor Level 2
Answered 3 months ago. The SW should ask for a second test. If you refuse, that is generally treated as a positive. Your history with CPS, if any , plays a part in this scenario. For example a history of evading tests will make a failed result more likely to be viewed as a positive.
http://www.avvo.com/free-legal-advice/Child%20Protective%20Services
http://www.avvo.com/legal-answers/on-what-grounds-can-cps-take-a-child-without-a-cou-1716638.html
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