Will cps take my kids away if positive for drugs?

Troy Boyle asked a question: Will cps take my kids away if positive for drugs?
Asked By: Troy Boyle
Date created: Wed, May 5, 2021 2:34 PM

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Those who are looking for an answer to the question «Will cps take my kids away if positive for drugs?» often ask the following questions:

👉 Will cps take my kids away for drunk driving?

You may have been arrested for drunk driving while one or more of your children were in the vehicle with you, and worried that CPS (Child Protective Services) will take them away. The fact is, if you operate a vehicle with your children present while under the influence of alcohol or drugs, you may face not only an additional charge of child endangerment, but enhanced penalties if convicted for DUI as well.

👉 Will cps take your baby away after birth for testing positive for marijuana?

They won’t just take your baby. 🙄 if you test positive at the hospital, CPS will come and talk to you, open up a case and then when you get home, do a home visit to make sure your house isn’t like a crack house. As long as it isn’t, you’ll be fine. You’ll still have the case on your record though.

👉 When does cps take kids away?

This process can (and usually does) take months, and can be very unsettling and distressing for a child. Whenever possible, they should be allowed to stay with relatives or loved ones they know, as the familiar relationships will make the entire process less scary for them in the long run.

10 other answers

No, CPS cannot automatically remove your child due to a failed drug test. However, there are exceptions. For example, if your children are residing with you based on certain conditions that you follow, and one of them is sobriety.

Learn about why state child protective service departments like CPS takes kids away, the correlation between childhood trauma and substance abuse, as well as how to regain custody of your child in sobriety. Social Services is Named Differently Depending on State Child Protective Services (CPS) Department of Social Services (DSS)

CPS policy is to not remove a child if the only issue is a positive drug test for marijuana. However, court ordered services are likely. Smoking pot may be tolerated more, but CPS will raise the issue that it is still illegal and puts the smoking parent at risk for being incarcerated. At a minimum they will ask you to work some services.

It is true that the CPS can take your child but the child has to be in an unsafe environment before the CPS does that. An unsafe environment can mean an environment where there are illegal drugs, no food, sexual molestation, violence and insufficient medical care.

Because parental drug abuse can cause child neglect and endangerment, it is not looked on lightly by authorities. Typically speaking, CPS makes it their goal to only remove children from a home when it is needed for their protection. However, a lot of what happens comes down to the individual case workers, judges, and attorneys.

They won’t just take your baby. 🙄 if you test positive at the hospital, CPS will come and talk to you, open up a case and then when you get home, do a home visit to make sure your house isn’t like a crack house. As long as it isn’t, you’ll be fine. You’ll still have the case on your record though. Violation Reported.

If your drug test comes back positive, CPS will give you an option of signing a safety plan to place your kids with a relative or friend. Your refusal to sign the plan may lead to the removal of your children from your home.

Having your child taken away from you is every parent’s worst nightmare. There are several reasons Child Protective Services (CPS) can legally remove your child during an investigation. Today, we will review the eight reasons CPS caseworkers may take children from their parents.

Depending on what is going on with the family, CPS may get a court order to remove children or it may remove children before getting a court order. If CPS removes your child from your care without a court order, the court will review the case the next working day. In all cases, a judge will schedule a hearing within two weeks after CPS removes a child. When CPS removes children it will ask the parents to complete a Child Caregiver Resource Form.

Unless CPS has received a court order or believes there is an imminent threat to the child (such as they can hear or see the child being harmed). CPS cannot test you for drugs without your consent. You cannot be forced to submit to a drug test without your consent unless they have a court order.

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