Legal Question in Family Law in Texas

Cps was reffered to my home after being admitted to e.r. And the hospital called cps saying I neglect my child after failing urinalysis for mj which I had no clue they were even doing. Now I'm under investigation and I have had one interview outside my house I refused to allow them access which she stated she did not need permission or warrant to enter my home I sites the fourth amendment ... I tape recorded the entire converstaion and she tried to get me to sign authorization for release of medical records for me and my daughter I refused.. Now I think it was so she could have the documents stating I failed the test.. She also requested for me to take a mouth swab with would show results in minutes I complied and the first was invalid so I insisted on another and passed... now she is stating that I will get court ordered for a hair follicle test.... Is this true.. I don't understand why she is still investigating .. I passed and gave a great interview .. I dunno I cannot loose my angel she is why u live.... Please help me.. I'm broke and my only resource is google


Asked on 1/02/10, 1:51 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

I would find money to hire an experienced attorney in your area. You need an attorney that knows how to fight for your rights against CPS. I would go to court when the judge is hearing CPS cases and try to find an attorney that you like. It's hard to make a living fighting CPS so many attorneys don't take those type of cases.

From what you said, it sounds like CPS will go to the county attorney and ask to have your child removed and placed under CPS custody. Why? You have refused to cooperate -- hair test, refusal to enter your home and signing a medical release.

You are not entitled to a free lawyer unless CPS attempts to terminate your parental rights.

I don't have a crystal ball, but I suspect that you are NOT done with CPS.

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Answered on 1/07/10, 10:56 am


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