we have a jealous other grand parent that has tried getting the other grand parent arrested & lose their food stamp benefits without success now has called child protective services & reported that the grand parents are abusing their narcotic medications. So we've submitted UA's but they also want access to their medications grandparent denied them that access but complied by taking medications for pill count to their pain doctor for their doctor to do it per pain management agreement by grand parent & doctor. Does child protective services have the right to insist they do the pill count & when denied have the right to demand the grand parent leave the home or they will remove the child
Child Protective services can "demand" whatever they want. the real question here is whether or not they would actually have the justification to remove the child if grandparents did not leave. Technically drug use alone is not sufficient to remove a child from their parents. That being said, when a child is initially taken from the parents the burden that CPS has to prove is quite low, and could possibly be met just by whatever gossip the other grandparents say. I would recommend that if you do not want to cooperate with Child protective services you should consult with an attorney in your county that has dealt with child protective services and knows what they can and can not do. Remember when speaking with Child Protective Services about reports concerning your children that it is just like speaking with the police when they are investigating you for a crime.
Get some documentation from the pain management doctor that grandparent is in compliance with the agreement. Take measures to ensure the medication is not accessible by the children. Consider changing childcare responsibilities so that the medicated grandparent isn't supervising small children alone - if that is part of the issue.
If DHS removes a child from a home, they must justify the action in court the following day. This would be harder to do if parents and grandparent have taken the measures I described above.
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