Question

Can CPS drug test you without a court order?

Answer 1

The CPS must either have your consent or a court order to force you take a drug test.

However if your children were taken away and you're trying to get the children back the CPS and court can require you as the parents or parent to take and pass a drug test before they allow you to have custody of your children back.

So if you do not do drugs and have had your children taken away then taking a drug test would be the best thing to do because if you don't take the drug test then that makes you seem like you're guilty of doing drugs and then they won't give your children back.

If you drugs though and fail the drug test then you will likely permanently lose custody of your children and rightfully so.

Answer 2

CPS can show up at any time day or night and they do so without notifying you beforehand to catch you off guard.

At night and other odd times the CPS figures that you're home so that's why they tend to show up during those times.

But if CPS showed up at my door I would not even answer the door because at night I don't like to be disturbed and they can come back the next day.

The CPS can also show up on weekends and sometimes holidays because I remember one time CPS showed up at a neighbors house on Christmas day.

I didn't think they worked on that day and it was a surprise but they did although the neighbor told them to leave and didn't let them in.

When the child is at school the cps doesn't need your permission to speak with your child and they can speak with your child at anytime as long as they are not at your house.

If they come to your house they need your permission to talk to the child unless they have a warrant.

But at school they can freely talk to the child.

CPS can talk to your child without you being there but they cannot force you to stay away while they talk to the child.

Such as they can't show up at your house and demand they talk to the child alone.

You can let the child talk alone to the CPS worker but you should not do so because if you're not doing anything wrong they can get the child to say things they didn't really mean to say.

Unless the CPS has a warrant to talk to the child or a warrant to take your child then no you do not have to let CPS talk to your child.

In fact if the CPS has no warrant you should never let the CPS talk to your child especially without you being there as the CPS can get the child to say things against you even though the child doesn't mean to say something against you.

The CPS will want to twist the child's words.

If you do let the CPS talk to the child always do it outside and stand right there with them and never let the CPS intimidate you.

You have every right to be with your child while he/she is being questioned by the CPS.

For CPS Child Protective Services to take a child or children away from your home they need sufficient evidence to remove the child from your home and from your custody.

A CPS worker cannot just show up at your house without a warrant and then take the child from you.

Some CPS workers will show up with police and use the police to intimidate the parents so that they let them inside the house.

Remember though that the police officer just shows up with the CPS worker for the CPS workers protection and is not there to force entry unless they have a warrant signed by a judge.

So never let the CPS inside your home without a warrant because once you do they can and will do whatever it takes to find something to remove your child over.

It could be as simple as some dirt on your floor or your house not picked up properly.

Also never let your child go talk to the CPS worker alone because they can get the child to say things they shouldn't and when they record what the child is saying they can edit that recording and try to make it sound like the child said something against you.

Now if you're actually abusing the child in the CPS view or the polices view then they can take the child without a warrant.

But other than that if they do not have a warrant to enter your home or a warrant to take the child from you then no they cannot take your child from you without the warrant.