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-   -   Court ordered alcohol test (https://www.askmehelpdesk.com/showthread.php?t=407589)

  • Oct 19, 2009, 09:17 AM
    jfeehan
    court ordered alcohol test
    I have a court order under the family services act of NB subsection 54(1)

    that states

    will participate in random alcohol testing, including urine analysis;

    now the social worker is stating that I have to submit to blood tests also, but that I need to give my consent to my family doctor for this. Is this legal? Or is she just trying to get me to consent to something she does not have an order for?
  • Oct 19, 2009, 09:42 AM
    this8384
    Quote:

    Originally Posted by jfeehan View Post
    i have a court order under the family services act of NB subsection 54(1)

    that states

    will participate in random alcohol testing, including urine analysis;

    now the social worker is stating that i have to submit to blood tests also, but that i need to give my consent to my family doctor for this. Is this legal? or is she just trying to get me to consent to something she does not have an order for?

    What caused the order to be put into place? Does this have to do with a custody case?

    Why is your social worker involved with this if you're posting under family law?

    What do you think your social worker is trying to "trick" you into doing? Why would you not consent to a blood test?
  • Oct 19, 2009, 10:06 AM
    jfeehan

    It is a 6 month supervisory order. My child is in need of protection. Because I exposed her to domestic violence.
    My boyfriend gave me a black eye, he lies , I keep my mouth shut, social services blame me for not protecting my child. He gets a letter telling him "what a great job he is doing with his son"
    I posted under family law because it is a family court order.
    I don't think she is trying to trick me into anything, I think she is lying!!
    I will consent to the blood test I have nothing to hide. But I do not intent to let these social workers bully me.
  • Oct 19, 2009, 10:30 AM
    this8384
    Quote:

    Originally Posted by jfeehan View Post
    it is a 6 month supervisory order. My child is in need of protection. Becuase I exposed her to domestic violence.
    my boyfriend gave me a black eye, he lies , i keep my mouth shut, social services blame me for not protecting my child. he gets a letter telling him "what a great job he is doing with his son"
    I posted under family law because it is a family court order.
    I don't think she is trying to trick me into anything, i think she is lieing!!!!
    I will consent to the blood test i have nothing to hide. but i do not intent to let these social workers bully me.

    I'm still not understanding your situation... your boyfriend gave you a black eye, which I assume your child witnessed, and now you think your social worker is "bullying" you?

    Who told your boyfriend that he was doing a good job with his child? Is this boyfriend the father of the child who is in need of protection?

    Who filed with the court requesting that the supervised order be placed?
  • Oct 19, 2009, 10:43 AM
    JudyKayTee

    He gave you a black eye, you are blameless and YOU have to go for random testing?

    At any rate, the Court Order (if the way you have quoted it is correct) does NOT rule out blood testing. "will participate in random alcohol testing, including urine analysis" does NOT rule out blood testing.
  • Oct 19, 2009, 10:51 AM
    jfeehan

    The social worker filed the request for the supervisory order. In NB exposing your child to domestic violence is a form of abuse. My child did not witness the abuse only the after affects. His child witnessed the abuse and his social worker told him "not to let it happen again"and" that he is doing a good job providing a stable home for his son" . At that time they were living under my roof and I was paying all the bills as he was unemployed. He is no longer my boyfriend, I ended the relationship after the incident.
    I am not a paranoid freak and think they are out to get me. I just want to know what my rights are. I agreed to the supervisory order, I have been fully cooperative. It is 12 weeks into the 6 month order the social worker has done nothing yet except meet with me and my daughter twice. Now she calls and says I have to submit to blood test which is not in the order at all. This is not because I have a history with them or have any history with drugs. No police record, not even a parking ticket. I have a good job, a college degree, and I have never been involved with social services before. I feel like they are bullying me because before we went to court they listed all these rules I had to live by. I questioned them with the DA and the judge, the order was amended to the things we agreed on. Now they are trying to add blood tests, which was not something that we had agreed on.
  • Oct 19, 2009, 10:57 AM
    this8384
    Quote:

    Originally Posted by jfeehan View Post
    The social worker filed the request for the supervisory order. In NB exposing your child to domestic violence is a form of abuse. My child did not witness the abuse only the after affects. His child witnessed the abuse and his social worker told him "not to let it happen again"and" that he is doing a good job providing a stable home for his son" . At that time they were living under my roof and i was paying all the bills as he was unemployed. He is no longer my boyfriend, I ended the relationship after the incident.
    I am not a paranoid freak and think they are out to get me. I just want to know what my rights are. I agreed to the supervisory order, I have been fully cooperative. it is 12 weeks into the 6 month order the social worker has done nothing yet except meet with me and my daughter twice. Now she calls and says I have to submit to blood test which is not in the order at all. This is not because I have a history with them or have any history with drugs. No police record, not even a parking ticket. I have a good job, a college degree, and i have never been involved with social services before. I feel like thay are bullying me because before we went to court they listed all these rules I had to live by. I questioned them with the DA and the judge, the order was ammended to the things we agreed on. now they are trying to add blood tests, which was not something that we had agreed on.

    I don't understand what you're being so paranoid about. If you have nothing to hide, why are you so ready to "fight the power" so to speak? These people don't get paid to "bully" you around; they get paid to act in what they believe is your child's best interest.

    Why did your boyfriend punch you in the face, anyway? I get the feeling that there is a whole boatload of information missing from this thread.
  • Oct 19, 2009, 11:00 AM
    jfeehan
    Thanks JudyKayTee

    Yes I get the black eye and I get the family court order.
    The sad thing is my daughter is 12 and what she has learn from this, is: if your boyfriend hits you when there are children in the house and you call 911, social services will be at your door the next day claiming "you as a mother failed to protect your child, by exposing them to domestic violence." But if you're the man doing the hitting "That's OK"
  • Oct 19, 2009, 11:03 AM
    this8384
    Quote:

    Originally Posted by jfeehan View Post
    Thanks JudyKayTee

    Yes I get the black eye and I get the family court order.
    The sad thing is my daughter is 12 and what she has learn from this, is: if your boyfriend hits you when there are children in the house and you call 911, social services will be at your door the next day claiming "you as a mother failed to protect your child, by exposing them to domestic violence." But if your the man doing the hitting "That's OK"

    I don't know how you get that whatsoever. I know someone whose fiancé hits her repeatedly. When the neighbors called the police, they arrested him and charged him with domestic violence.

    Like I said, there seems to be a lot missing from your story. We can help you better if you give us all of the facts.
  • Oct 19, 2009, 07:17 PM
    cdad

    Is the blood test going to put you in a financial hardship ? It seems to me that that is something you wouldn't go to your reguler doctor for. More like a testing site would be the way it should be done.
  • Oct 19, 2009, 08:12 PM
    JudyKayTee
    Quote:

    Originally Posted by jfeehan View Post
    Thanks JudyKayTee

    Yes I get the black eye and I get the family court order.
    The sad thing is my daughter is 12 and what she has learn from this, is: if your boyfriend hits you when there are children in the house and you call 911, social services will be at your door the next day claiming "you as a mother failed to protect your child, by exposing them to domestic violence." But if your the man doing the hitting "That's OK"


    If there is no past history, if you were in control of yourself when the Police arrived and had visible injuries and your daughter has boiled all of this down to "if your boyfriend hits you when there are children in the house and you call 911, social services will be at your door the next day claiming 'you as a mother failed to protect your child, by exposing them to domestic violence'", then your daughter needs to go for counselling. Soon.

    She is being set up to be an abused woman, perhaps by the system, perhaps by the situation. I don't know but I do know she will live what she sees - and that is domestic violence.

    Did you post what State this is in? Quite frankly, I work in the legal system and this does NOT makes sense to me - so I would like to know which State operates like this.
  • Oct 20, 2009, 04:54 AM
    stevetcg
    Quote:

    Originally Posted by JudyKayTee View Post
    If there is no past history, if you were in control of yourself when the Police arrived and had visible injuries and your daughter has boiled all of this down to "if your boyfriend hits you when there are children in the house and you call 911, social services will be at your door the next day claiming 'you as a mother failed to protect your child, by exposing them to domestic violence'", then your daughter needs to go for counselling. Soon.

    She is being set up to be an abused woman, perhaps by the system, perhaps by the situation. I don't know but I do know she will live what she sees - and that is domestic violence.

    Did you post what State this is in? Quite frankly, I work in the legal system and this does NOT makes sense to me - so I would like to know which State operates like this.

    She kept saying NB - which is not a state as far as I know. Closest I could come up with is a typo for NV...
  • Oct 20, 2009, 05:20 AM
    JudyKayTee

    Could it be New Brunswick? OP never said she isn't in the US but that's all I'm coming up with.

    A puzzle within a puzzle - ?
  • Oct 20, 2009, 12:34 PM
    cdad
    Quote:

    Originally Posted by stevetcg View Post
    She kept saying NB - which is not a state as far as I know. Closest I could come up with is a typo for NV...

    Nebraska ?
  • Oct 20, 2009, 12:36 PM
    this8384
    Quote:

    Originally Posted by califdadof3 View Post
    Nebraska ?

    That's what I was thinking... but isn't Nebraska abbreviated "NE"?
  • Oct 20, 2009, 12:37 PM
    cdad
    Quote:

    Originally Posted by this8384 View Post
    That's what I was thinking....but isn't Nebraska abbreviated "NE"?

    Um well YES !

    Lol

    We still don't know I was just throwing it out there for thought.
  • Oct 20, 2009, 12:45 PM
    this8384
    Quote:

    Originally Posted by califdadof3 View Post
    um well YES !

    lol

    We still dont know I was just throwing it out there for thought.

    And I still can't locate 54(1), whatever that might be.
  • Oct 20, 2009, 12:46 PM
    cdad

    Its in Canada from the searches I have done.
  • Oct 20, 2009, 12:50 PM
    cdad
    Quote:

    Originally Posted by JudyKayTee View Post
    Could it be New Brunswick? OP never said she isn't in the US but that's all I'm coming up with.

    A puzzle within a puzzle - ?

    Ding Ding Ding!! The gold star goes to Judy. That's where this is coming from as far as the law quoted by the OP.

    http://www.ask.com/bar?q=family+serv...=1256068063805

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