Monday, August 25, 2014

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



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)

  1. Licensed in TX

    Roderick Carlos Lopez

    Roderick LopezPro

    Car / Auto Accident Lawyer - Laredo, TX

    Contributor Level 8

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    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.

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