My daughter who is 16 is staying with her step- dad because her mother is out of town now this guy is a bum whoes been convicted of drugs do I have rights to take care of my daughter while her mother is away and should I call children's services to let them know

Your question has caused a lot more questions with me. How long will the mother be gone? If it is a short period, it may not be worth your effort.

XenoSapien

She will be gone until Saturday plus I don't trust this guy he doesn't work and the father and mother of my ex-wife dipise him to. Plus my son has told his mother that my daughter would be better of with me to.

Have you asked your ex if she can stay with you during this time ?

And there has to be some actual problem for children service to investigate. You would have to go to court to get a modifiction of cutsody to get the child if the mother will not let her stay with you while she is gone.

If your order contains a first right of refusal clause then yes you would have the right to have her with you in moms absence. Otherwise, no, and you would need to go to court to establish a first right of refusal.
Here is some information on what first right of refusal is: Right Of First Refusal Provisions (http://www.deltabravo.net/custody/firstrefusal.php)

But if step dad is that bad maybe you should consider requesting a reversal of custody. If the court doesn't recognize it, CPS won't help. His prior conviction won't likely be reason enough to investigate anything right now.