Drug test with no court order?

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Shirley
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Drug test with no court order?

Postby Shirley » Mon Jun 12, 2006 1:19 pm

This is not for me, but another getting pulled into the system. Can an investigator order a drug test off the cuff, so to speak, from a report made out of vindictiveness?

I'm pretty sure I know the answer, just not sure where to look.

righteousbabe
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Re: Drug test with no court order?

Postby righteousbabe » Mon Jun 12, 2006 2:16 pm

Shirley wrote:This is not for me, but another getting pulled into the system. Can an investigator order a drug test off the cuff, so to speak, from a report made out of vindictiveness?

I'm pretty sure I know the answer, just not sure where to look.


Well they can ask for whatever they want. Askin' aint' gettin'.

Of course you get into the whole "cooperate or refuse" debate. If the CW feels like she has enough to court order it, then s/he will do so, and of course there is the whole argument that refusing will "make you look guilty".... another debatable point.

I know that personally, having been screwed by a false positive CPS cheap-ass drug test, if I were to do it all over again I'd immediately get a drug test on my own paid for out of pocket, and not the cheapest kind either. I wouldn't tell the lab it had ANYTHING to do with CPS. Make up a reason. If they push, ask them if they want your money or not.

Or, perhaps get one through your private physician, or get him to refer you?

If this person is in our area, PM me and I'll give you the name of the lab I used. They don't do the testing themselves but they contract with the lab CPS uses. This sounds scary but they are 100x more professional than CPS's lab, and there is a chain of custody for your sample that I trust much more than just dealing with CPS's lab directly. Make sure the procedures are air tight so CPS can't say there was any "funny stuff" going on.

florida999
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Postby florida999 » Mon Jun 12, 2006 4:27 pm

if the person asked will pass the test, then i would go take it, but make sure it is done at a hospital or lab.

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good dad
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Postby good dad » Mon Jun 12, 2006 6:29 pm

....And any "flagged" positive sample isn't "positive" until a "confirmation" test using the GC/MS testing method...

If just the cheap, intial screen is done with no confirmation test, it can be beat using NADA or HHS recomended testing methods in your arguement..
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righteousbabe
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Postby righteousbabe » Mon Jun 12, 2006 7:57 pm

good dad wrote:....And any "flagged" positive sample isn't "positive" until a "confirmation" test using the GC/MS testing method...

If just the cheap, intial screen is done with no confirmation test, it can be beat using NADA or HHS recomended testing methods in your arguement..


Yeah, in theory or in court. :roll: As if CPS parents actually got a say in court. Bwahahaha.

That's why I say do your own. Do it when they request it, but beg, borrow, whatever you have to do to pay for your OWN GC/MS test.

CPS does not do the confirmation test. In my experience, they will not, even if you insist. They take the "flagged" positive as the end of the story. Why not? GC/MS costs more and they only need that "flagged" positive initial screen to hold it against you, or in the case of our caseworker, "refuse to discuss it further" and then threaten to remove your kids based on your "drug problem".

Remember, we aren't dealing with a criminal prosecution here where you have to have SOME rights acknowledged. LOL.

Here in my area (which is the same area of the person in question in the original post) there is ONE game in town and they do all the lab work for CPS, AND from what I've been told, all the lab work for all the other "labs" in town too! The other places are just specimen "collectors". Maybe that's just with hair follicle tests. Maybe the other places do their own urine tests, I don't know.

In my experience, they are complete jerks to anyone sent in via CPS. They treat you like child-beating scum when you walk in the door.

I used a secondary company (to collect the hair sample and my money) who took my sample and then sent it to the CPS lab as a private pay test.... and when the results didn't come back in a long time and the employee at the secondary place called on my behalf to see what was up, they kept telling her it was just "taking a while", that they were backlogged, etc. On her 3rd call when she mentioned my name to them so they could "research" the issue, they mysteriously claimed my sample had been "lost". "Probably thrown out by housekeeping", they said.

Gee, maybe because when they typed in my name they were able to see I'd been there before via CPS and made all kinds of noise about my false positive??

I ended up having to submit as a "Jane Doe" using my DL number as identification and having the doctor at the other place verify my results AND my identity once I got my clean hair follicle test that trumped CPS' bogus screening.

The employee at the secondary lab was horrified and said that the whole thing was VERY suspicious (on the part of the CPS contracting lab).

Big mess, lesson learned, get your own test.

dasuberding
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Postby dasuberding » Mon Jun 12, 2006 8:19 pm

"if the person asked will pass the test, then i would go take it, but make sure it is done at a hospital or lab."

I agree, don't do it at the CW's request. Make them get a court order. I recall reading something in TX about some CW running around with faulty, cheap drug testing equipment and conducting his own drug tests. He got slapped down, royally!

righteousbabe
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Postby righteousbabe » Mon Jun 12, 2006 8:25 pm

dasuberding wrote:"if the person asked will pass the test, then i would go take it, but make sure it is done at a hospital or lab."

I agree, don't do it at the CW's request. Make them get a court order. I recall reading something in TX about some CW running around with faulty, cheap drug testing equipment and conducting his own drug tests. He got slapped down, royally!


Well the only problem is that if you wait (make them get a court order) they WILL say you were "stalling" in hopes of a a clean result.

Even if it's a week later it could be considered an attempt to "buy time".

That's why I'd go get one the same day or day after the request, but at an independent lab or at least by paying out of pocket and NEVER mentioning CPS. Say you are fighting a job accusation or say your spouse accused you or say whatever but do NOT mention CPS wherever you get tested.

Do NOT get the CPS ordered and paid for test without your own independent test to trump theirs. The more you can afford, the better (i.e. hair follicle, which goes back 90 days).... do NOT get CPS's test with CPS lab where you have a form that says "referred by CPS" on the top of it. That's walking right into their pit of hell.

BTDT.

Took my test (CPS paid-for) the same day we met with the caseworker... within an hour actually, because I had nothing to hide. Doesn't matter, because the truth never matters to these people!

Spent the rest of that summer trying to 'disprove' the allegations of meth use.

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good dad
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Postby good dad » Mon Jun 12, 2006 11:25 pm

good dad wrote:
....And any "flagged" positive sample isn't "positive" until a "confirmation" test using the GC/MS testing method...

...............Yeah, in theory or in court. As if CPS parents actually got a say in court. Bwahahaha.


If you put in in your Declaration of Facts it has to be acknowledged by the court..

A truckdriver or YOUR CW CANNOT even be fired or repremanded for a "flagged positive". Separation of a child(ren) from their parents deserve higher standards then the qualifications for a mire job.
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Dazeemay
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Postby Dazeemay » Tue Jun 13, 2006 10:55 am

http://forum.fightcps.com/viewtopic.php?t=1618

The above link is to foods and over the counter meds that cause positive results.
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This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
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dawn
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drug test...two weeks ago... however...

Postby dawn » Tue Aug 01, 2006 6:14 am

New to this site..and slap in the middle of a mess... Almost 2 weeks ago my job sprang a "random" test on me... Came back pos for THC..no excuses there...Still job hunting...Came home yesterday to a note taped to my door to call CPS ..called a friend that used to work there and he said that she is the bull dog they send after drug users. The funny part about this is because im scared of bugs...yes bugs... Had carpet bettles and moths in the house at the same time.. Also have that evidence!!! My loving father who is worse than a old woman just waiting on company to come to have someone to talk about~though i had lost my mind..along with a few others who are supposed to love me.. My mother and my Cousin are the only ones that didnt say I was crazy...and my dad told some that i was most certainly on meth...Im 115 soaking wet.. yeah.. skinny as a rail...and i was working a full time job and making jewelry at home at night until i feel asleep on the couch...anyway...Note was for me but under my first name..i go by my middle name..confusing on the who did it theory. Have cried my eyes out... she wants me to call her.. i put the note back and will not be avble for a few days... per their manual...show up on monday and pop a test... they had a good weekend...im dirty for the THC but nothing else... i was thinking that i would call the lab that did the 1st test and see if they would just send the results over for the meth... If i lose my child over THC i will die... one thing is for sure... no more.. my child is worth my last breath i would give anything to her...can/do i have the right to call her dad and tell him she is not to be talked to or wait on her to come home? She is over there for the week visiting with him and his wife. thanks soooo much ...whhhewww
Dawn~

Shirley
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Postby Shirley » Tue Aug 01, 2006 8:54 am

Dawn, I don't want to scare you, but there is a young mother I know who has not had her child for a little over a year because of weed.

I'm not sure if there are other things going on, but they did make her go to rehab for it. :(

Oh, and to add, the one who this thread was begun about passed her test, case closed, no further involvement.
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