When Child Protective Services knocks on your door, many parents are so confused that they may make some poor decisions or give some suspicious answers without even realizing it. CPS investigators are trained in working with confused, worried parents. If they observe certain behaviors or things around the house, they may ask a parent to take a drug test.

When CPS asks you to take a drug test, many parents assume they must comply. This is simply not the case. Just like any law enforcement officer, unless you consent, a CPS investigator would need a warrant to force you to submit to a drug test. In order to get that warrant, they need probable cause. Although you do not need to comply/consent, oftentimes doing so is the path of least resistance, or it may be a condition to get custody back. While you can refuse, doing so may have other consequences.

Frequently, CPS shows up because they receive an anonymous report that they must investigate. If they don’t find any evidence to substantiate the report, typically, that will be the end of it. Because CPS has a position of power over parents, many parents believe that not complying with a CPS request for a drug test will automatically lead to their children being taken away.

When CPS Can Drug Test

Generally, CPS can drug test only when they have consent, or a court order. CPS will often require parents who have had their children taken away to pass drug tests in order to get their children back. Some agencies will have parents sign an agreement stating that they will comply with CPS’s rules and conditions, and will include random drug tests, as a condition to get their children back.

While a parent may still refuse to take the CPS drug test, CPS can then refuse to return their children. In essence, CPS is still getting the consent of the parents before administering a drug test, but that consent may feel rather forced from the parent’s perspective. For CPS to get a court order, they generally will need to involve law enforcement. If law enforcement is involved in a CPS investigation, you should be concerned about potential criminal charges, and should contact a criminal defense attorney.

Related Resources:

  • Find Family Law Attorneys Near You (FindLaw’s Lawyer Directory)
  • Do’s and Don’ts: False Allegations of Child Abuse (FindLaw’s Learn About the Law)
  • Ending or Changing Alimony Payments After Retirement (FindLaw’s Law and Daily Life)
  • Under New Facebook Policy, Newsworthy Trumps Nudity (FindLaw’s Law and Daily Life)

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