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Child protective services false allegation about Drug use

Los Angeles, CA |

Hi i am a parent and the C.P.S came on Monday and made false accusations that my sister and i using drugs by a mentally ill person who is schizophrenia and bipolar and uses himself which happens to be my uncle who we have been taking care of for a couple weeks well they showed up when we weren't at home but my mom and the children were so my mother told them we weren't there but As soon as i was contacted i left a message and today i spoke with her and hes told me the accusations and said if i can came in and sign a paper so they can look at my childs health and school records and speak with her and asked if i can text but they have no police report or warrant what should i do ??? seems like they have no case and want us to give them info on our kids so they can use it agaist us

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Attorney answers 1

Posted

False reports to CPS happen all the time. Unfortunately for you in this case - your local CPS agency must investigate to make sure there are no children in harms way. Your best move is to make yourself available ASAP so the investigator can see that you do not have a drug problem.

Having a social worker speak with your child ALONE is one of the scariest things for any parent. You can insist that a school representative be present when the worker speaks with your child. You could also insist they interview your child at home to avoid any embarrassment for your child at school.

It may be true that they do not have a case - well of course they don't have a case if you and your sister do not use drugs - but refusing to cooperate with the investigation in itself sometimes creates a case! In my opinion, you should cooperate.

Regarding the warrant: It seems that some judges give out warrants to CPS like candy - so insisting on one only prolongs the process. You can insist on one - they need one to come in your home. As I tell my clients - do you want to be the one who pays some attorney to take on CPS and go on up to some higher court with your case while they hold on to your children?

Keep good records of who you speak with - dates; name; phone number; position in the agency; what they tell you. Don't sign anything they refuse to give you a copy of.

If you can afford it - consult with a local Juvenile Dependency attorney - they may be able to be present at your interview with the worker - but not likely at the child's interview.

Kelly Yvonne Reiter

Kelly Yvonne Reiter

Posted

I agree with the above except that you have the right to have an attorney present for your daughter during the interview if you'd like. Your child has the right to have someone present, i.e. therapist, teacher, school counselor during the interview as well. If you have not taken drugs of any sort, including some over the counter then you can offer a drug test or even hair follicle test which shows cooperation on your part. However, do not offer if you have any possibility of drugs, prescription or otherwise since it will merely add fuel to their fire.

Evelyn Ann Cox

Evelyn Ann Cox

Posted

great comment-I agree

Michael L Rich

Michael L Rich

Posted

Get the drug test that Atty. Reiter suggested through your own health care providers or through your lawyer so it will not get into CPS's hands until you know what the results of it are.

Evelyn Ann Cox

Evelyn Ann Cox

Posted

Another good reason to do the test on your own is so that you have proof of no drug use on your part - just in case they don't get around to making a referrel for testing or they offer you something really inconvenient.

Mary Katherine Brown

Mary Katherine Brown

Posted

The attorneys from your same state are the best source of guidance and up-to-date information. Good luck!

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