QUESTION
Is a failed marijuana test grounds for removal of children?
Asked on Dec 22nd, 2015 on Child Custody - California
More details to this question:
After an argument with a family member, she anonymously made a DCFS call full of reprehensible claims. Long story short I met with a worker yesterday in home. Gave her a tour of my home and against my own feelings and better judgement, feeling as though I had no choice in the matter, allowed her to speak with my children privately. After all was said and done she requested me to submit to a drug screening for the next day (today). I have Proof of who made call because I received a, what the police called, vague threat only minutes before DCFS. I forwarded the text to the worker but am still being required to test. How should I go about this because I fully intend on cooperating with DCFS but I don't want to be railroaded.
1 ANSWER
Family Law Attorney serving Suisun City, CA
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Law Offices of Russo & Prince
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If you will test clean then cooperate fully with the Department. You are testing voluntarily, she cannot force you to test at this point with no case being opened, but your goal is to convince her that the reporter is not credible and to go away and that goal won't be served by being evasive. Once the social worker determines that the reporting party is not credible this may serve to protect you against future false reports.
Answered on Dec 22nd, 2015 at 3:47 PM