Monday, August 25, 2014

AVVO- On What Grounds Can CPS Take Custody With Out A Court Order?

 

 

Asked 3 months ago - Dallas, TX

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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?

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Attorney answers (3)

  1. Licensed in TX

    Roderick Carlos Lopez

    Roderick LopezPro

    Car / Auto Accident Lawyer - Laredo, TX

    Contributor Level 8

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    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.

  2. Licensed in TX

    Dorothea Elaine Laster

    Dorothea LasterPro

    Family Law Attorney - Lake Dallas, TX

    Contributor Level 18

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    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

  3. Michael Barry Arkin

    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