Can cps take my child because of false accusations?

Asked over 1 year ago - Crawfordsville, IN

Anonymous call resulted in investigation of drug use and neglect of my 10 week old baby. I cooperated, let them in my home, see my child and gave them access to a negative drug screen post delivery and to my child's medical record from her pediatrician. They now want a safety plan in place and for me to take an unwarranted drug screen. My rights have been violated enough. I agreed to neither without a court order. Can they take my baby because I'm no longer willing to voluntarily give them information with out a court order?

Attorney answers (1)

  1. Katherine Elizabeth Flood


    Contributor Level 14

    Answered . Indianapolis divorce lawyer Katherine Flood answers your question: If CPS "substantiated" the allegation (found it to be true), then you should comply with their demands, or you could indeed face having your child removed from your custody. If you disagree with CPS's finding, then you can appeal it to an administrative law judge. The report the agency provided you should have instructions on how to appeal an adverse finding.

    Best regards,

    Kate Flood
    Indianapolis divorce lawyer

    The foregoing is not intended to be specific legal advise, but rather general information. If you require... more

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