Ask Me Help Desk - CPS leave us alone

During my wife's pregency she had tested at doctors app. In her 2nd month. She was pos for Meth. At baby's birth cps was involved. They interviewed my wife then they interviewed me (father). Cps found no danger for children in the home, and mother agreed to attended classes. So the newborn child was allowed to come home from the hospital. The next day cps call and asked me the father to drug test. I agreed but lab was closed by the time I got off work. Cps said that the test is considered a dirty. Now cps wants my wife and I to go to court and put ourselves on Calender to set up a 52 week intence treatment program. My question is ; do we have to go to court? Do we have to keep answering cps questions, they are harassing us everyday with irrelivant questions. Please help

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Originally Posted by knowbest2010

During my wife's pregency she had tested at doctors app. In her 2nd month. She was pos for Meth. At baby's birth cps was involved. They interviewed my wife then they interviewed me (father). Cps found no danger for children in the home, and mother agreed to attended classes. So the newborn child was allowed to come home from the hospital. The next day cps call and asked me the father to drug test. I agreed but lab was closed by the time I got off work. Cps said that the test is considered a dirty. Now cps wants my wife and I to go to court and put ourselves on Calender to set up a 52 wk intence treatment program. My question is ; do we have to go to court? Do we have to keep answering cps questions, they are harassing us everyday with irrelivant questions. Please help

Of course you DO have to go, and you do have to answer their questions... or they will take your kids... you brought this on yourselves for using drugs. This ISN'T harassment... they are doing their jobs. Sorry if it interferes with your meth use. But the welfare of the child is more important.

Quote:

Originally Posted by knowbest2010

During my wife's pregency she had tested at doctors app. In her 2nd month. She was pos for Meth. At baby's birth cps was involved. They interviewed my wife then they interviewed me (father). Cps found no danger for children in the home, and mother agreed to attended classes. So the newborn child was allowed to come home from the hospital. The next day cps call and asked me the father to drug test. I agreed but lab was closed by the time I got off work. Cps said that the test is considered a dirty. Now cps wants my wife and I to go to court and put ourselves on Calender to set up a 52 wk intence treatment program. My question is ; do we have to go to court? Do we have to keep answering cps questions, they are harassing us everyday with irrelivant questions. Please help

Am I correct - you missed or didn't take an ordered test because the lab was closed. That missed/dirty test is considered "dirty" by CPS? Were you tested in that time frame - or is the only test the missing/"dirty" test?

Have you been served with papers from the Court, CPS, anyone? Was this a verbal request - go to counselling. I am guessing you mean an intense treatment program, once a week for 52 weeks, perhaps a little more frequently, with random drug testing? That's how it works in NY.

Has your wife tested positive since the 2 month test?

If you don't want to comply with CPS there is grave danger that your children will be put in their protective custody. I know it's one big pain in the butt but if you don't comply you will be seen as both difficult AND guilty. The argument on "their" side is - if you are clean, why are you arguing?

What would I do? I'd contact an Attorney first. See what your rights are, how this works in your State. Would I be difficult or refuse to go? No, because if you do refuse there is a very good possibility that your children will be put in protective custody and taken out of your home. It's a lot easier to comply now then try to get your children back which will involve legal fees, publicity, a system which will try to prove it's right and you are wrong.

I know it's a big situation but it's going to boil down to YOU proving to CPS that you are not a danger to your children and, therefore, you will cooperate and do what it takes to keep them in YOUR custody.

Yes you should go to court! If you don't the judge will grant cps approval to take the child out of the home. You say that you missed the test because you were late getting out of work! Bring something with you from your employer! If you can, get the testing done one your own and bring results! I would also try and get a lawyer, or ask for a court apointed. "google" is a wonderful thing! I would search the law for the state and county... each county is able to modify different sections of the law. I'm pretty sure I read that in order for cps to take the child for drug related reasons that have to be able to prove that the child was not only in the home while the parent was using but also that the parent or both parents "primary care provider at the time was under the influence of drugs enough so that there state of mind was compromised" or something like that! I know a teacher in jefferson county ny that called a familys cps worker to inform them that the child told them they found moms drugs... the cps worker told the teacher that unless they can show that mom was using while the kids were in her care there is nothing they can do but tell mom to hide her better!

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Originally Posted by missangel

yes you should go to court! if you dont the judge will grant cps aproval to take the child out of the home. you say that you missed the test because you were late getting out of work! bring something with you from your employer! if you can, get the testing done one your own and bring results! i would also try and get a lawyer, or ask for a court apointed. "google" is a wonderful thing! i would search the law for the state and county ... each county is able to modify different sections of the law. im pretty sure i read that in order for cps to take the child for drug related reasons that have to be able to prove that the child was not only in the home while the parent was using but also that the parent or both parents "primary care provider at the time was under the influence of drugs enough so that there state of mind was compromised" or something like that! i know a teacher in jefferson county ny that called a familys cps worker to inform them that the child told them they found moms drugs... the cps worker told the teacher that unless they can show that mom was using while the kids were in her care there is nothing they can do but tell mom to hide her better!

Exactly where did you get the idea that an excuse from your employer gets you out of a court ordered test? Maybe you should get one from your Mommy too? Or that you could decide where you wanted to go, and ignore where the court told ou to go? This isn't High school... and that's not how the real world operates.

Let me see, you are ordered to take a drug test by the CPS, and you don't call to see what time they close ? You don't take a hour off work and go in first thing in the morning ?

It is considered dirty because you did not go.

And they are even being nice at this point, normally they would have already taken the child out of the home and make you do all of these programs to get the child back.

It is taken very serious to be on meth while pregnant. They are going to test and test,
Plus if there is still some drug issues, the 52 week program will either get you clean or take the child out of your home.

Considering how many people out there ARE clean and WAITING for a child to adopt--you have GOT to be kidding when you say that you're annoyed with CPS for making sure your child is safe and healthy.

Guess what? You don't HAVE to go to court or answer the questions of CPS--as long as you're willing to lose your child and allow the baby to be adopted by a family that IS willing to jump through every hoop possible to have a baby.

Grow up. If your wife tested positive for meth while pregnant and you weren't immediately APPALLED and MORE than willing to take a test, my guess is that your test would have been dirty as well. If you want to keep your child, then start jumping through the hoops and do what you have to do with court and CPS to keep the child.