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  1. #1
    Join Date
    Jan 2009
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    California
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    397

    Default Calling CPS

    I have a hunch that my husbands ex is smoking pot. I have smelled it on her and her boyfriend before. We tried to get her to have to take drug tests regularly with the court before the court order was written up, but since she doesn't have a record, it was a no go. How would I go about to protect my step child from a house that could possibly be filled with pot smokers? Should I call the police, sheriff, CPS or what?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Calling CPS

    You've already been told that you need evidence. A "hunch" is not evidence.

    How do you think the judge is going to look at you and your husband when your spouse's ex- comes into court with a stack of reports you've made about him, all unsubstantiated, that you made after the judge has already ruled on this exact issue?

  3. #3
    Join Date
    Jan 2009
    Location
    California
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    397

    Default Re: Calling CPS

    okay let me clarify. first of all it would be called in annoyomous. secondly the judge didn't rule out the first time, our lawyer did.
    so should i just wait and hope that their house burns down because of a lit joint, or a random raid or my step child gets high because he sees something and eats it, or should i take it in my hands and the ones that are breaking the rules gets punished?

  4. #4

    Default Re: Calling CPS

    As noted, hunches aren't evidence. They're not enough to substantiate a search warrant, nor are they likely to result in CPS intervention if a hunch is all there is. So you call it in anonymously - CPS has actual fish to fry and this'll truthfully be WAY down on their list of possible problems to check out (there's that whole underfunded, understaffed thing going on all over the country). But let's say for the sake of arguement that they rush right over and knock on the door. Then what? Unless they happen to CATCH them smoking pot, WITH the child in the house, they'll shrug and walk away - maybe notifying police, but probably not. They're not going spend the time that it takes to write out a sworn statement, then possibly have to lose one of their few case workers for the time needed for that person to appear before a judge, go to court, etc. just so police can make a low level drug bust. Sure in a perfect world that would happen - but in reality, yes, unless the child is there IN THE PRESENCE of pot smoking when they show up, you can realistically expect nothing to happen. Will the police or sheriff's office take any interest? You can certainly call in your tip - but I wouldn't count on a steakout - again, it's a time and manpower thing.

    so should i just wait and hope that their house burns down because of a lit joint,
    No, you shouldn't hope it happens...you should hope that it doesn't. Any reason to think a joint will start a fire at any higher degree than a lit cigarette?

    or a random raid
    Raids aren't random - they're the result of undercover work and the obtaining of a search warrant based on probable cause (not hunches). If that happens, that would certainly address the issue and generate a vast amount of beneficial documentation! But unless they're growing or trafficking, that's HIGHLY unlikely.

    or my step child gets high because he sees something and eats it, or should i take it in my hands and the ones that are breaking the rules gets punished?
    How old is the child in question? THAT part could make a substantial difference.

  5. #5
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Calling CPS

    or my step child gets high because he sees something and eats it, or should i take it in my hands and the ones that are breaking the rules gets punished?
    How old is the child in question? THAT part could make a substantial difference.
    There is no more chance of that than if there is wine, beer, or liquor in the house.

    The courts see this all the time- people looking for that ultimate "gotcha" scenario, so they can have leverage to win a custody or divorce case. The courts see it so much, and it almost never works.

    What it can get you, however, is a slander or libel lawsuit, if you keep pushing it.

  6. #6
    Join Date
    Jul 2009
    Posts
    8

    Default Re: Calling CPS

    The all the meth, coke and herion use out there, the kids are lucky if they are only dealing with pot. Sure a drug is a drug but how much abuse will the children see from pot smokers? The ex and his GF eatting up all the cheetos?

  7. #7
    Join Date
    Jan 2009
    Location
    California
    Posts
    397

    Default Re: Calling CPS

    i was thinking more on the lines of neglect and abuse which ex did while husband and her were married (according to husband and his family whom actually like her). as for hoping it happens, yeah sort of but not while child is in the house. she is not a good parent, gave child up and now has a graduated visitation plan, and isn't even following through with it now. yeah i wanna get her because i don't believe that her presence in childs life is a beneficial one. the courts don't really see cases individually, but more of a general rule for visitation and custody arrangements. this doesn't work for everyone.

    i personally believe that if a parent isn't good for a growing child then they shouldn't have any contact with them. this is coming from a child whose mother was a druggie and the cps didn't do anything. well it messed up my life pretty bad. still recovering from it emotionally. along with my 2 brothers and sister. so yeah i wish cps would've gone on a hunch from the neighbors call and maybe investigated a bit more they would've found more evidence rather than just sticking their heads into the doorway and glancing at the house.

    there are so many cases where a child suffers because the agencies don't advocate good enough for children; this is probably due to finances more than anything, but sometimes money can't be the reason why you don't protect a child. there was a story just a few months ago where i live where the boyfriend beat the 10 year son up. the boyfriend and the mother had been called on by neighbors and when cps got there they didn't do anything. now this child is dead... where was the childs advocate? not there because i do not believe government agencies actually do their job.

    sorry about the rant, it's just frustrating. thanks for your replies i appreciate it, even though i don't like the answer!

  8. #8
    Join Date
    Aug 2009
    Posts
    11

    Default Re: Calling CPS

    Unfortunateley, calling CPS won't do you any good considering what the past posters have posted, and I too am in a similar situation when I went to CPS today. My ex is shacking up with a 2-time felon for drugs and such, and my kids reported to me that they have seen drug paraphernalia in the house, not to mention he's in violation of her lease agreement, or has already had a police report filed on him in the 4 weeks he's been at her place with my kids. My CPS 'screener' flat out said, and I quote 'pot's not a really big deal unless it's in quantity, if it were meth, there may be other options for us" so unless your ex is letting him smoke a joint, or measuring dime bags in front of them, then maybe they will act, until you become a victim, they won't do crap, they don't seem to be in the prevention business... I wish you luck.

  9. #9
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Calling CPS

    they don't seem to be in the prevention business
    Not for lack of wanting to be. Please see "underfunded, understaffed", above.

    CPS is too busy dealing with getting children out of situations in which their very lives are being threatened - children being sexually abused, prostituted out, locked in closets and being starved, duct taped to beds and being beaten with tow chains.

    They're too busy pursuing cases like the one my physician friend handled in his hospital's ER two nights ago - a four month old baby whose mother stopped feeding him anything but tap water. They think he might recover...but he's so brain damaged from starvation, they're not sure if he'll ever live a normal life.

    So...it's really not for lack of trying. They've just got much bigger fires to put out.

  10. #10

    Default Re: Calling CPS

    Truthfully? CPS really wouldn't care even IF they were smoking pot with the child on their laps right in front of the caseworker. Why? Because the swing across the country over the last few years is INTENSELY concentrated on KEEPING children WITH their parents, even dysfunctional parents, and yes, even pot-smoking parents. After all, someone at some point found them suitable to BE parents in the first place - and, the research suggests that keeping children in bonded relationships with their parents (even pot smokers) is most beneficial to the children in the long run UNLESS and UNTIL there are 2 criteria met:

    1) that some ACTUAL abuse (and what warring parents consider abuse and what CPS considers abuse are often in different universes) has occurred OR is imminent, and

    2) that whatever action is in question (pot smoking) was DIRECTLY related to that abuse

    Now with stuff like meth and even alcohol, there can be co-occurrances of things like violent outbursts - and even if those don't occur against the child, CPS can semi-reasonably link Event A (meth use) to Event B (initiation of violence, creating imminent possibility of abuse to the child). Without being able to make that linkage EXTREMELY CLEAR to a judge, CPS is left with few options other than to encourage classes, stop by frequently, keep an eye on things, etc. In reality, although it's politically incorrect to say so, CPS is probably relieved to find cases where the allegations are "just" pot smoking. There's no better way to say it than this: pot doesn't link to imminent violence. Dorito eating. Calls to Dominos. Doing less house cleaning than some other people might do. Yep. Violence? No. Ergo, don't expect CPS to do more than make a note in a case file over pot smoking - even with a house full of pot smokers (and even if CPS wanted to !!!).

    Removal of a child from care, or even disruption of visitation, takes more than that - and pot smoking alone really just isn't an element that CPS can work with.

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