They can and probably will, whether or not your BF has a MMJ card - or they will ask that you agree that he not live in the house as long as your kids are there and until and unless he can test clean. If you have a CPS case open, and they want to remove, you're entitled to an attorney who should vigorously fight CPS' involvement in your life at all and try to get them off your case and out of your house. Just marijuana use alone, without any other drug use or any violence, has been enough for a court to substantiate a CPS case.
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I doubt that your boyfriend testing positive for marijuana would be the only reason to remove the kids. But if there are other circumstances of abuse or neglect involved or a history witrh CPS, they could remove the kids.
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