Can a cps worker asks an adult member of the household not related to investigation for a drug test?

Asked almost 2 years ago - Peoria, AZ

I am very curious to know if a CPS worker can tell an adult living in the house where allegations of ?(not sure what to put) whatever CPS criteria is, I think there was alleged drug use on the parent. Does this type (hair & UA) of drug test require a court order? What happens if this adult was to come back positive for marijuana but has been approved for a medical marijuana card(but can't afford fee to get said card)? Does this person have any options? The CPS worker said that they would take a hair sample and a UA. To my knowledge there is no court order. Any suggestions or facts based on this would be greatly appreciated! I really admire what the Attorneys on this site do. Thank you for your time.

Attorney answers (3)

  1. Shannon Bradley

    Contributor Level 14

    2

    Lawyers agree

    Answered . Yes, CPS may ask an adult living in the house with a minor child to drug test even though they are not related to the child or the parent of the child. It is a request, not a court order, but if the adult refuses to comply, CPS may determine that the adult is not to be around the child. This could have a negative result on CPS's determination of where the child should reside. Marijuana use without a valid medical marijuana card is illegal. It doesn't matter that the person may have the ability to obtain a card; it matters whether he/she has that card, thus making the marijuana use legal.

    The information provided is general in nature and does not create an attorney-client relationship.
  2. Patrick S Sampair

    Pro

    Contributor Level 16

    Answered . CPS can not force anyone to take a drug test.

    That being said, CPS can take your children without a court order if the case worker thinks that they even might be at risk. That is their power. They do not need proof.

    You will then find yourself in the juvenile court system with a judge likely ordering you to do all of the things that the CPS case worker asked you to do voluntarily plus probably a lot more.

    Meanwhile, your children are in foster care for what can be a very, very long time.

    CPS has the power to remove your children. Normally, you would want to be very cooperative.

    However, if you feel that there is a chance of your children being removed from your home by CPS, or that you may be charged with any kind of crime, you should consult with an attorney right away.

    Good luck!

    Patrick Sampair
    The Sampair Group, PLLC
    623.218.1000
    480.636.1333

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  3. Steven W Zachary

    Contributor Level 17

    Answered . CPS has an obligation to protect children. If they believe someone is a possible treat to the child they can do what they believe verifies that the person is not a problem being near the child.

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