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Can i refuse a drug test from child protective services

Fort Collins, CO |

i had an acusation made that i have mutiple drugs in my home by an malicious vindictive ex and now i have to submit a urines sample and possibly a hair sample from my child. Can i refuse

Attorney Answers 3


You can refuse -- but at what cost? Do you want the court to issue an order that obligates you to participate in such tests? I say you submit to the tests if you have no concerns about the results. The governmen has a great deal of power when it comes to dealing with the welfare of our children. If thee are already orders in place regarding sch testing -- perhaps through a criminal or civil dependency and neglect prosecution -- you must comply with the request.

Do you have an attorney to help you here? If not, look for one very soon and get the guidnace you need in Larimer County.

Best of luck to you.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Technically yes, but it would generally be a bad idea. The department of human services can open a Dependency and Neglect case with very little evidence. A report or accusation is enough. Once a case is opened, if you aren't cooperative, they can easily get orders to place your children into protective custody.

The reality is that most judges view DHS as an unbiased party and do not critically question their requests. When parents cooperate from the beginning, the investigation is frequently closed without further intervention. When parents don't cooperate, it raises all kinds of "what do you have to hide" red flags and the case proceeds.

Assuming you can pass the drug test, you can refuse it, but you may be inviting more trouble.

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I agree with both of my learned colleagues. You definitely can refuse. However, what will the judge presiding over the case think about your refusal. That you have something to hide. That is simply human nature. I can tell you as a former judge who was quite of the constitutional rights mindset that I did not mind when others refuse. However, I have to say that I was the exception to the rule. If you are not using, I would simply take it.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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1 comment

David Littman

David Littman


If someone is falsely accusing you, by all means cooperate and prove that the other person is a trouble maker. If you are using, it's time to deal with it if you want to be an active parent to your child.

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