
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.