This is standard procedure in open CPS cases. They may not take your kids just for that but may want you to go to counseling.
The above answer does not constitute legal advice. You pay for legal advice; this is free.
A positive marijuana test does not automatically mean a removal suit, but talk to family law counsel before you agree to any "voluntary" requests by CPS. If you know your urine will be dirty you may wish to delay the test. If you will be clean you will want to take the test to remove all doubt. In any event avoid marijuana and other users, and do not use or voluntarily admit yourself for care and treatment to end any possible addiction and to get clean. Generally, you will be at odds with the State if you are using any illegal controlled substance. Marijuana is illegal in Texas.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
If it were me, I would be calling lawyers to find someone to represent me immediately. You might be entering into the strange and bizarre world of CPS "hell". So be very careful.
Fran Brochstein has been a licensed Texas attorney over 24 years & has an active mediation practice. She also accepts a limited number of uncontested family law cases in Harris County at a flat-rate price. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that Fran's reply to your question in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem.
If you will test positive, and there is no court order requiring that you test, and no written agreement that you will test--don't test. CPS pushes because that is what it does. If you will be negative and haven't tested before-do to get them off your back. This is general advice for educational purposes. For advice specific to your situation, get a consultation with a Family Law Attorney.
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP
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