I Tested Negative For a Drug Test Why Won't CPS Accept It?

 Why Won't CPS Accept Drug Test?

A visit from Child Protective Services (CPS) can be overwhelming and upsetting for any parent. During such a visit, parents may make some poor decisions or provide questionable statements without being aware of it. Investigators working for the CPS have experience working with parents who are in a situation like this. During their visit, they may ask a parent to take a drug test if they find anything unusual or if they suspect drug use.

Although you might believe that when CPS calls for it, you must agree to a drug test, that is not the case. A CPS investigator can not subject you to a drug test, as with any police agency or law enforcement official, unless you consent to it or unless they have a warrant. So, if you do not provide the CPS investigator with your permission, he or she will need a warrant to compel you to take a drug test. And they need probable cause in order to do so. While you have the right not to comply, you may face other consequences.

The greatest problem for parents if a CPS investigator asks them to take a drug test is if their terms of child custody would be compromised by a failure to take the test. Often, they begin an investigation when CPS officials receive anonymous allegations of child neglect or child endangerment. They can not investigate it further if they don't find evidence to corroborate the report. However, because CPS has jurisdiction over parents, many fear that not complying with a subpoena for a drug test could lead to their kids being taken away from them.

You might also think that compliance with such a request could lead to the end of an investigation if you are a parent in such a situation. The truth remains, however, that none of this could have happened. The drug test may only be one aspect of it if authorities are looking at a variety of problems. So, if you fail to take a drug test, it will possibly become part of the results of your case.

They will administer a drug test when CPS inspectors have your permission or court order. For parents who have lost a child due to alcohol problems, the department also needs drug testing. They might also administer random drug testing occasionally and put it down as a prerequisite for parents to get their kids back.

If a parent refuses to take the drug test, they will refuse to return their children to CPS. So, even though drug screening is meant to happen with your permission, it could be forced because parents believe they need to do it to get their kids back. You should think about possibly facing criminal charges if police departments are involved in an investigation.

In such cases, contacting an experienced criminal defense attorney who can help defend your rights and help you do what is best for your kids and your family will be in your best interest. It can be an extremely emotional and frustrating time for you to be under CPS investigation.

More problems may add to the potential for criminal charges. A professional criminal defense lawyer from Los Angeles will be able to assist you in assessing your choices and obtaining the best possible result.

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