Skip to main content

How long will cps take to move on a positive ua result?

Houston, TX |

Due to accusations of drug use, cps opened a case on me and told me to take a UA.
I went within the 24hr time window allotted, my case worker eagerly awaiting (constant phone calls about my completion). I have not heard from her since I informed her it was complete.

1) Should I have contacted an attorney prior?
2) Will I be contacted with results by the cps worker - informed if (+)/(-)/inconclusive
3) If positive,...
> What actions will they take?
> will I be advised and asked about Rx I may be on that could have altered the results? (ie Adderall, Prozac)
> will I be given a chance to defend myself or re-take test?
> Will they automatically show up at my door and take my children?

I HAVE HEARD NOTHING from CPS since taking the UA.
I am SCARED, as are my children.

Thank You

+ Read More

Attorney answers 3

Posted

A single positive UA result alone is not usually enough for CPS to take any drastic action. However, the rest of the circumstances surrounding the taking of the UA really matter here. CPS does not just randomly show up at someone's door and ask for a UA. Someone had to have called in a referral about drug use or perhaps you have prior CPS involvement. I think you need to pick up the phone and call an attorney, because there are way too many scenarios to discuss over one quick Internet response.

Asker

Posted

thank you for your response. Yes. An ex lied to others, alleging I used illegal drugs due to his own use. Seeing as I have the children to lose, he has nothing, he went after me with intent to hurt me by getting my children taken from me. (really immature for being 41) I cannot afford a lawyer due to my recent divorce (to an abusive man--court-rendered) Wouldn't I have heard something from cps by now? Do I call? Do I just wait patiently??

Posted

if you get a positive drug test result in Harris County they likely will request that the children be placed with a relative and ask you to sign a safety plan for which you take random drug test and want you get a clean drug screen then the kids can come back to you uh if you refuse to sign that they may ask for mergency hearing but again it depends on what you test positive for if its prescription drugs for which don't have a prescription and you test for a relatively small amount it's unlikely they would do anything if you refuse to sign up any plans but it's best to hire lawyer now that you're having all these problems

Posted

A lot of it depends on the CPS region that you live in. I haven't had any experience with Houston CPS, but I agree with Mr. Busby that they will likely try to get the kids out of your home.

Here in Lubbock, CPS Investigators have admitted under oath that they will seek removal of the children just for a positive drug test, even though CPS Policy Manual (see hyperlink) says that a positive drug test alone doesn't change the investigation protocols. In essence, CPS isn't supposed to remove children from the home unless their investigation shows that the drug use has endangered the children.

1) Should you have contacted an attorney prior? Yes, but that doesn't mean all is lost now. 2) Will you be contacted about the results? If positive, you can bet on it. 3) Regarding Rx, they normally ask what prescriptions you are on prior to testing, but you should gather your medical records now. 4) As far as a re-test, if it comes back positive, then you should go to another facility and pay for another test immediately to rule out the false-positive, but discuss that with your attorney first. 5) Will they automatically show up to take the children? Hard to say at this point, much will depend on what else has been revealed during their investigation, as well as what other allegations were made on the report.

I would HIGHLY recommend speaking to an attorney immediately. You also might find some useful information on my Blog about CPS investigations/interrogations. Good Luck to you and your family. DON'T STOP FIGHTING!

Child custody topics

Recommended articles about Child custody

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer