Can CPS get a court ordered UA without filing for dependency?

Asked 6 months ago - Forks, WA

My friend made me a plate of sweets for Christmas; the rice krispies had THC but I was informed there wasn't any in the pumpkin bread. My daughter and I shared the pumpkin bread and I never tasted anything; but my daughter started acting funny so when I got to the hospital with her I found out she was positive for THC. CPS got involved and during the safety meeting I explained to them I didn't know about it and it was entirely an accident. They told me I had to give a UA because I admitted to smoking marijuana once a month but never when my daughter was around. I refused and asked for a court-ordered UA and now they found an excuse to remove her from my home. (She has scars from Impetigo and they said they were bruises without investigating.) I don't know what to do.

Attorney answers (3)

  1. Dave Hawkins

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Hire an attorney. Without legal counsel you will be at their mercy.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This... more
  2. Elizabeth Rankin Powell

    Contributor Level 20

    1

    Lawyer agrees

    Answered . What you need to do is to QUIT DISCUSSING FACTS on the internet and go find a lawyer. If you cannot afford an attorney go to DAC and get one there. You do not want the prosecutor bringing in your Avvo posting!! The best advice I can give you is to cooperate with them. When you fight with them, they win. Elizabeth Powell

    Using Avvo does not form an attorney client relationship.
  3. Bruce Clement

    Pro

    Contributor Level 19

    Answered . It sounds like your daughter tested positive for THC. CPS did not buy your explanation, and said she would be removed unless you submitted to drug tests. Your daughter was moved to foster care after you refused to do so. Normally in these dependency cases, the court cannot directly order you (the parent) to submit to testing, but can enter an order saying that your child will go to foster care if you don't. See my AVVO Legal Guides on CPS cases for more information about the legal issues raised by your inquiry. Please keep in mind that although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. To find my Legal Guides, click on my photo. On my AVVO home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides." Scroll down the list of my 32 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

    ©Bruce Clement. This AVVO Answer is provided for general educational purposes only. By using or participating in... more

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