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  1. #1
    Join Date
    Sep 2013
    Posts
    9

    Question Children Removed From Home When Their Parent Failed a Drug Test

    My question involves child abuse or neglect in the State of: CA
    IF A DIRTY TEST ALONE DOSN'T GIVE CPS THE RIGHT TO REMOVE A CHILD WHY WAS MY CHILD REMOVED? IM A 24 YEAR OLD SINGLE FATHER TO A 5 YEAR OLD BOY WHO RECENTLY CAME INTO SOME PROBLEMS WITH CPS. THE SITUATION IS AS FOLLOWS: CPS INVESTIGATION WITH MY EX GIRLFRIEND, US NOT BEING TOGETHER LED TO MY MIN INVOLVEMENT IN THE CPS CASE. ACTUALLY WORKER SAID SINCE IM THE NON OFFENDING PARENT THAT WHATEVER WAS GOING ON HAD NO EFFECT ON MY CUSTODY WITH MY SON. WE NEVER GOT 50/50 CUSTODY, IT WAS KINDA YOU PAY FOR WHAT YOU HAVE AT YOUR HOUSE AND ILL PAY FOR WHAT HE HAS AT MINE. CLOTHES,FOOD,ETC. SO I GUESS THINGS FELL OUT WITH HER AND HER CASE PLAN WHICH LED TO THE REMOVAL OF MY CHILD FROM HER CUSTODY. I THEN RECEIVED A CALL FROM AN INVESTIGATOR FROM CPS THAT MY SON WAS GOING TO BE PLACED IN MY CARE. I COMPLIED AND WHEN THEY ARRIVED I WAS TOLD ABOUT THE CURRENT SITUATION GOING ON WITH THE MOTHER AND WHY SHE GOT HIM TAKEN FROM HER. I TOLD HIM OF COURSE I WOULD TAKE CARE OF MY SON NO PROBLEM. I THOUGHT THAT WOULD BE IT. THIS IS WHERE MY QUESTION COMES IN. THE INVESTIGATOR HAD NO REASON TO SUSPECT ANY DRUG USE OR SUBSTANCE ABUSE YET STILL ASKED ME TO DRUG TEST. LIKE I SAID THIS WAS ALL JUST KINDA THROWN AT ME ONE DAY TO THE NEXT. I COMPLIED AND TOLD HIM SURE BECAUSE I KNOW AS SOON AS YOU DENY THEY HAVE REASON TO SUSPECT. WELL TWO DAYS BEFORE THE VISIT I SLIPPED UP AND USED SOME METH. KEEP IN MIND MY SON WAS NOT EVEN NEAR ME CAUSE HE WAS WITH HIS MOM. SO I WAS REALLY BETWEEN A ROCK AND A HARD PLACE. I KNOW PEOPLE ARE QUICK TO JUDGE BECAUSE YOU HEAR METH AND MIND AUTOMATICALLY GOES TO A PICTURE OF A TOOTHLESS TWEAKER WITH SCABS ALL OVER HIM. NO IN ANYWAY WOULD I WANT TO BE PLACED IN THAT CATEGORY. BUT ANYWAYS I GO AND TAKE THE TEST AND SURE ENOUGH THERE WAS A TRACE OF IT IN MY URINE. WHEN THEY CAME AND TOLD ME THEY CAME WITH A POLICE OFFICER AND TOOK MY SON PLACED HIM IN FOSTER CARE OVER THE WEEKEND AND STUCK ME WITH A COURT DATE.. WHAT I WANNA KNOW IS CAN THEY ASK ME TO DRUG TEST WITH NO PROBABLE CAUSE, AND CAN THEY REMOVE MY CHILD?? ALSO NOW THEY WANT ME TO SIGN UP FOR REHAB AND PARENTING CLASSES. I BELIEVE YOU HAVE TO EARN YOUR SHIT WHEN DEALING WITH CPS EX. COPS BEING CALLED, CONSTANT CPS PROBLEMS, SCHOOLS REFERRALS ETC. IN THIS CASE THEY KINDA ADJUST THREW A DART IN THE DARK WITH THERE EYES CLOSED AND HIT BULLS EYE. IS ALL OF THIS ADMISSIBLE IN COURT?? SHOULD I FILE FOR AN APPEAL ?? BEND OVER AND TAKE IT UP THE EHHEM... OR EXERCISE MY RIGHTS WHEN I FEEL IVE BEEN WRONGED.. I CALL IT A ****IN TECHNICALITY.. THAT'S THE ONLY WAY I SEE IT.I WAS GUILTY FOR WHAT??? AND PLEASE DON'T BE STUPID AND SAY IT CAUSE YOU FAILED A DRUG TEST. BE FOR ONE SECOND EMPATHETIC AND SEE WHERE IM COMING FROM.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,972

    Default Re: If CPS Needs More Than a Dirty Test to Remove a Child

    Hmmm, Do you really need to ask why CPS does not want to release a child into the custody of a meth head?
    Teach a man to fish, you feed a village. Give a man a fish, the ever growing village demands free fish. We will now spend trillions on social services and SSI for people who don't know how to fish.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,198

    Default Re: If CPS Needs More Than a Dirty Test to Remove a Child

    A dirty test alone is not generally enough to remove a child. However, I strongly suspect that CPS has more information.

    First, get drug counseling; get clean and sober, jump through the hoops set out for you, and work hard to earn custody back. Family reunification is the goal, but you need to work for it.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  4. #4
    Join Date
    Sep 2013
    Posts
    9

    Default Re: If CPS Needs More Than a Dirty Test to Remove a Child

    That's what i am already doing but my question is are they allowed to do what they did??? did i **** myself on testing??? should i not have tested cause they had no reason to test me?? so what now i have to do all this not court ordered crap that involves me spending money i dont have and time i should be spending with my son. i honestly dont think its fair. i dunno i guess its what a "meth head" deserves huh???

  5. #5
    Join Date
    Sep 2012
    Posts
    1,628

    Default Re: If CPS Needs More Than a Dirty Test to Remove a Child

    WELL TWO DAYS BEFORE THE VISIT I SLIPPED UP AND USED SOME METH
    gee I hate when that happens.


    A test dirty for pot isn't usually enough to take a kid.

    hard drugs oh yea that is enough.
    Never break more than one law at a time.

    "Every election is a sort of advance auction sale of stolen goods." -- H. L. Mencken

  6. #6
    Join Date
    Sep 2013
    Posts
    9

    Default Re: If CPS Needs More Than a Dirty Test to Remove a Child

    ya well loooks like they got me this time oh well just thought id ask if maybe i was got in the whole ordeal.. thanks

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,519

    Default Re: If CPS Needs More Than a Dirty Test to Remove a Child

    Okay, from a truly compassionate point of view ask yourself this:

    Is it fair for your CHILD to be subjected to an addict parent?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,198

    Default Re: If CPS Needs More Than a Dirty Test to Remove a Child

    Quote Quoting CPS
    View Post
    That's what i am already doing but my question is are they allowed to do what they did??? did i **** myself on testing???
    No, you f'd yourself for using meth. I teach a whole class at our social services agency each month on the damage meth does to individuals and families ... I'm not at all surprised that they took the child if they have some reason to believe you are anything more than an occasional/casual user (which is rare for meth).

    should i not have tested cause they had no reason to test me??
    You could have said no, and depending on the info they had, they could have sought a court order to remove the kids. Or, simply kept an eye on you. But, I suspect they have some other info that you don't know about. Keep in mind that CPS does not have to tell you squat about what they know.

    You can either jump through the hoops they arrange for you, or, hire an attorney and take a chance in court.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  9. #9
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,823

    Default Re: If CPS Needs More Than a Dirty Test to Remove a Child

    OP, if you were thinking straight, you would be asking different questions. That, (along with your posts) leads me to believe that you have a meth problem. You couldn't even hold off 2 DAYS before the visit!!

    You need help. Do what's right for your son and get yourself turned around. It can be done.

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,426

    Default Re: If CPS Needs More Than a Dirty Test to Remove a Child

    We've already discussed this scenario, but last time the problem was marijuana. Now it's meth? Marijuana and meth? You also told us that you chose to ignore repeated efforts by CPS to contact you before the child was removed, that when they arrived for the safety check you slept through their knocking at the door and that your five-year-old let them in, and that the police report from the safety check indicated that the child had access to your marijuana and that your girlfriend appeared to be under the influence.

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