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Can cps ask for a drug test if there is no allacations of drug use made?

Lubbock, TX |
Filed under: Drug related crimes

i have allagations of leaving my child with a sex orrender and that is was seen playing with herself in public. can they make me do a drug test? and if i come up hot for marijuana, can they take my kids?

Attorney Answers 2


  1. If you test "positive" for pot, they will take your kids.

    I would hire an attorney immediately.

    You need to find someone experienced in "fighting" CPS. Quite frankly, there are not many attorneys out there that have experience in CPS cases since most people can't afford to pay to fight CPS.

    Good luck!


  2. The previous poster is correct. I do fight CPS on a regular basis. The answer to your question depends on whether the case is in court or not. Many times, if the case is in investigation or in family based services (FBS) they may ASK you to submit to a drug test, and you have the right to refuse. Of course, that often leads to the case being filed in court, and, perhaps, to removal of the children. It is a very serious matter, and you should seek legal counsel to further guide you through this maze.

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