drug testing

[sxyblondechic14]

I WAS WONDERING IF CPS CAN MAKE YOU TAKE A DRUG TEST WITHOUT A COURT ORDER??? (PLEASE REPLY IF YOU KNOW THE ANSWER!!)

[char k]

CPS can and most likely will, one way or another, make whoever is involved (didn't want to write "you") drug test. I'm in California. I was being accused of having 4 hypodermic needles in my purse, therefore making me a "drug addict". It was a false accusation. I never had ANY needles AT ALL, not only that, I HATE needles and that is noted in my medical files and even my veins shrink when I have blood drawn and the lab tech. has to use butterfly needles. When CPS said I had to drug test I said no. Not because I was worried, but because of the principle of it all. My angry step-child says something, but then tells the truth, but I still have to test?? I don't think so. Well, CPS said if I didn't that it would be like testing positive and I would have to go to substance abuse and then be randomly tested while in the program. I said I didn't care, I wasn't going to test and besides I could learn something from this "program" they were going to pay for. (I had no insurance + they had no real justification for my attending) My attorney kept telling me that CPS is really pushing for me to test. I kept saying no, I don't have a record, never had even a DUI, nothing. At the 3 month hearing (Disposition) and I still hadn't even seen nor spoken to MY daughter, I was forced to agree to submit to hair follicle drug testing. This happened right before the hearing outside the courtroom by a CPS supervisor who said I wasn't going to get any visits/calls until I submitted to testing, which had to be done by 11:00 the next morning. I had been to court for this case at least 3 times prior to this hearing, so there was plenty of opportunity for CPS to ask the judge to order drug testing. So, NO they do not need a court order for drug testing, they have your child(ren). I said if the test comes back negative then I wanted all references to drugs stricken from my reports. She agreed to that w/ my attorney as witness. They were so unhappy about the results that it was noted in a court report that my drug test was negative, however the agency would like the court to know that I waited until the 89th day to submit.

[Nana]

I'm from Tennessee and the DCS can make you do drug testing. My daughter has been throw these test sense March 29,2004. She even had to go to Pathways she pasted all there drug screens with out any problem even when they would show up at her house out of the blue. Now when it came to the last drug test she had to take for her case worker in her office "" Will go figure"" she failed her's on Jan.2005. She then lost her unsupervisied visitation and had to go back in front of the judge where he ordered that she do another Hair test. She had to do an Hair test back in Sept. 2004 which she passed, and the one she had to do in Jan. 2005 she has passed. She isn't allowed her unsupervisied visits until the next court date. Which on the last court date she had her case worker waited until the day before court to inform her that she was going to be on vacation that week. So yes indeed the DCS people can do just about anything they want!! SO THEY THINK !!!

Nana

[AllForThisSite]

The question about drug screens seem to be popping up a lot on this website and I myself get a little confused when reading what is allowed and what is not. Some of you are saying that CPS CAN and WILL get you to submit to a drug screen and from what I gather, it is for those of you who already have had your children removed from your home or you are in court. Then, there are some of you who are only being investigated, have not had your children removed and are not in court, and you are saying that CPS cannot and will not be able to make you submit to a screening without a court order. Clarification needs to be made on this subject, I think.


If a CPS worker is only working on a phoned-in tip and your children have not been removed from the home and you are not in court over your children, and the report did not contain anything about being a drug abuser, can CPS make you take a drug test?

Another reason I ask this is due to the information on this site located in the section "What To Do If CPS Is At Your Door" which states that CPS agents try to get clients to submit to DS to proove they are not drug-users and that clients do not have to do that no matter how much pressure CPS puts on them that it would "only clear their name" or offer the agent "peace of mind with a negative sreening".

[Nana]

""NO""
You don't have to give them a drug test unless it's court ordered!!!

Nana

[Bob_Lynn]

I posted this before in other threads but I see I have to repeat it from time to time as it tends to get lost in all these posts.

CPS CANNOT MAKE YOU DO ANYTHING WITHOUT A COURT ORDER!

They will of course, threaten you with all sorts of things if you don't jump when they tell you to jump but they are violating the law and your constitutional rights when they threaten you in any way, shape or form.

That said, they will and they do violate the law, ALWAYS, and they will and they do kidnap children under color and pretense of law and often have the local kangaroo court backing their criminal activities.

So you may say that by going along with their garbage demands that you will be protecting your children from these kidnapping criminals? NO WAY IN HELL!

If they don't find any immediate reason to take your children, THEY WILL MAKE IT UP!

So in my opinion, fight them every step fo the way. YOU HAVE NOTHING TO LOSE and EVERYTHING TO GAIN. Often, when you fight them, they will eventually back off because they will see that they don't have an easy mark to go after. Why bother fighting you when they can go after easier prey?

In the end, by fighting them, you are laying the foundation of a paper trail that you can use to sue their scum asses with in federal court.

[thia'smommy]

I am confussed,

They ordered me to drug testing for 11 months. I agreed because i was not doing any drugs!!!!!!

I had random testing and all were negative. In april of 2005 I had a low creatine level which raised a red flag with Lab corp. According to proceedure from Lab corp., they were supposed to test the sample for addulterants, but they did not. c. m. told me she did not understand why they didn't, but still at every court hearing used that low creatine level against me.

About fourteen days later the C.M. had me do a hair strand test which was negative also, I also had a hair strand test independently and that was negative, but then in court the C. M. changed the story to. Well we gave her a hair test but it is not for her drug of choice.

How convieniant, every test the gave me that was negative they had an excuse for why, didn't test for drug of choice, well she is on alcohol, which they did test for,etc......

dcf can change even clean drug tests, switch things around in court to make the judge sway their way. It is discusting. I ended up fighting the system with all their resources, with my public pretender of course, and the public defender was asking me how to cross exam defendants. I made the public defender a book of everything he would need to know to cross examine, but I think he never read it.

so even though drug tests are negative, dcf can lie, cheat and manipulate the court to make things go their way.

be ever so carefull!!!!!!!

[good dad]

Creatine is a substance excreted through the spine into the urine. It is how they check for a diluted sample,If you drink high amounts of water or liquid before a urine test, creatine levels will be low and it will "flag" as diluted...


A hair test is not designed for alcohol, it isn't even that good a test for occasional users of drugs as the drug needs to be in your system for 7 days before it grows into the hair..

[Bob_Lynn]

They ordered me to drug testing for 11 months. I agreed because i was not doing any drugs!!!!!!

They ordered my wife to do drug testing when they held our children hostage. She had at least a dozen tests and they all came back negative. They ordered me to do drug testing and I refused. So they told my wife that they would not return the children unless I tested negative for drugs 3 times. As a result, I wrote a letter stating that they are holding our children hostage and are requesting that I test for drugs under duress or else they would not return the children. I signed it and had it notarized. I even left a line for the caseworker to sign (lol).

I went to visit the children where after about a half an hour, they asked me to do a drug test. I said I would, but after I brought in a witness, gave the caseworker the notarized letter, which she refused to take. However, in the commotion, the CPS director came to see what was going on and took the letter (the dumb moron) in front of the witness, read it and wanted to give it back to me. I said it was his to sign and keep for his records. Somehow, I don't believe he ever signed it.

I then proceeded to sign the drug test form with the words "SIGNED UNDER DURESS" under my signature and took the test. Following the test, they terminated my visitation, threw me out of the building and called the police. The police came, asked everyone some questions and were pissed that they were called for no reason and left. I subsequently took 2 more tests, all signed "UNDER DURESS" and all 3 tests came back negative.

A copy of the notarized letter that I gave the CPS director in front of witnesses is now an exhibit in our lawsuit. When we put that bastard (now a defendant) in the witness chair in front of the jury, I'll have my lawyer ask him if he ever signed the letter (lol).

BTW, none of these drug tests were ever court ordered. They were part of the family service plans (3 plans for 6 months each* - the children were incarcerated for 3 1/2 months) but I never signed any of those, only my wife did despite my request never to sign anything they put under her nose. I can't blame her though, she was scared and wanted the children back and thought like everyone else that if you went along with their ludicrous demands, the children would be returned.

* Note, CPS receives federal funding for each signed and completed service plan so the racketeers are really big on getting as many of these bogus plans signed as possible.

[phildoe]

Heres a coincident-After maybe four months of random urinalysis produced nothing but negative outcomes my attny wants to motion to quash all service plan remedies relating to drug abuse,
since the issue is unsupported by evidence or personal history.
On a subsequent supervised visit-THREE DAYS BEFORE the motion to quash was to be heard-wonder of wonders-a social worker collects an impromptu sample that is positive for meth. Preceeded by 12-16 negative tests and followed by maybe another 5-6 negative tests, that one positive test foiled the motion to quash, reduced visits from what had been pre unification overnights and 4 hrs week to one, 2 hour supervised visit once a month. Same time I lost a SW who'd been a vocal proponent on my behalf-she was no longer working for the dept. Poof!

[good dad]

Phil...

A drug screen that is "flagged positive" can be easily fought in court if no confirmation test is used(GC/MS)...

The cps worker could hold the same results on his drug screen papers and never be fired or reprimanded...NIDA the governing body on drug testing says "A test cannot be ruled positive without a confirmation test done"...But CPS side steps that and the judge only rules on the evidence in front of him, you only need to show him the NIDA's rulings to dispute it..

Most lawyers do not know anything about drug testing or the laws on it..You have to educate them too..

[barbiedoll]

I was wondering...I live in NJ and don't they have to tell you that they are testing or get a consent? My daughter in law was accused of having a dirty screen during her pregnancy......was news to her....she didn't even know they were testing!!! they said it was for protien and routine. Then Dr. makes a report to DYFS and BINGO baby gone!!!!!!! Lawyer said do what DYFS says..you will get your child back...LOL . Any thoughts on this...feel free