I am involved in a case brought forth against me by cps. Against my objection I was ordered to submit a hair follicle test despite the several observed urinalysis I have submitted. It is my understanding that case law does not allow a court to order this type of test without the ok from me. Is this true for dependency cases involving cps? Whatr are my options?can I appeal? Currently my case is set for a contested hearing and my children have not been declared dependents of the court.
You need to discuss this with your attorney. If you do not have one, get one. Even if you have to schedule an earlier court date to have the court appoint one.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
You can refuse the hair follicle test and they can keep your children if they have some evidence your children are at risk.
Talk to the lawyer that was appointed to you at the Detention hearing or hire a new one. In California, parents are appointed attorneys at the detention hearing. In some counties, if you make too much money - the court will tell you to hire one.
Fighting jurisdiction in a Dependency Case is not a small matter and you cannot rely on an Avvo response to get the result you want. Hire an attorney who take Juvenile Dependency case in your area.
If you are in a W&I Sec. 300 dependency case, you are at risk of the court making orders that could severely impact your right to raise or even have contact with your children. If you do not have a family law attorney who is experienced in representing parents in dependency cases, you need one immediately. If you cannot afford an attorney, you are entitled to appointed counsel, and should request an attorney be appointed when you get to court.
A follicle test, like any other drug test, is a type of search. If the DCFS or a law enforcement agency applies for a warrant, a court can order any reasonable search if probable cause has been presented to the court that the search will reveal relevant evidence. Without knowing the probable cause for the court's order, there is no way to evaluate your question. In general, the court's power to authorize investigations of potential child abuse, neglect, and endangerment are quite wide, and should be discussed with your attorney, after reviewing the facts of your case.
A hair follicle test can detect drug use going back to whenever the hair first grew in or was last trimmed or shaved. I am assuming from your question that you are presently clean from drug use, but you are concerned that a follicle test may reveal past use, and that the court will infer from that fact that your children are in danger. Speak to your attorney about the possible interpretations of a positive hair follicle test. An expert may be able to testify about the results, and show that past drug use does not prove that you pose a present danger of abuse/neglect of the children.
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