Legal Question in Family Law in California

drugs and CPS

I left my 2 year old daughter with my boyfriend, at my house so I could go do a few things, like go to the store and etc. I was gone maybe two hours. When I came home they were not there, but there was a business card from the sherrifs dept. on the door. I found out that my boyfrien's parents called the cops on him and said that he was violating his parole and that he was at my house. So when I was gone the cops came to my door and arrested him and CPS took my daughter. After I finally got a hold of CPS and she brought my daughter back she asked me when was the last time I had used any drugs and asked if she could drug test me. I told her that I had been clean for almost 3 years but I have done it twice. Once about 3 months ago and the 2nd time was the day before yesterday. Now she keeps calling me and telling me that I should go back into a drug program. She hasn't said that, I have to or, she'll take my daughter from me, just that I should. Can she legally tell me taht I have to? Was it legal for her to ask me to take the drug test? Or could I have said no?? And does this now give her ther right to drop in anytime she feels like it and drug test me or take my daughter???


Asked on 5/08/02, 2:19 pm

1 Answer from Attorneys
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: drugs and CPS

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry; however, I would

say that you probably are lucky that the social worker and/or the deputies didn't take your child away and keep her for your "failure to protect" her from your boy friend under Welfare & Institutions Code �300(b). Successful parenting and drugs do not mix. Do whatever you need to do to get and stay clean and sober. That said, social services probably won't take your child away for not taking a drug test (without probable cause) or for not joining a program. Now that you are "in the system," however, they probably will take her away if they find you under the influence while she is in your custody and care.

Thanks for sharing your inquiry with

us on LawGuru, and good luck with your case.

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Answered on 5/08/02, 5:01 pm


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