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Do you think CPS has grounds for removal?

 
 
TCL
 
Reply Mon 15 Sep, 2014 01:13 pm
Hi, my wife has had a drug problem for a few years now. When she wants to get high, she leaves the home and doesn't return until she's sober. CPS has given me 4 random drug tests, all of which I've passed. She has failed one. My wife doesn't want to comply with them, although I have been fully cooperative. CPS is now trying to remove our child by saying that our child is in danger. Do you think they have grounds for removal when one parent is responsible and sober? Do you think they can make a case that our child is in danger when my wife leaves the home to get high and doesn't return until she's sober?
 
jespah
 
  2  
Reply Mon 15 Sep, 2014 03:15 pm
@TCL,
This is a question for your lawyer. You do have one, right?
0 Replies
 
PUNKEY
 
  2  
Reply Mon 15 Sep, 2014 03:44 pm
@TCL,
YOU should have asked that question of the CPS worker who either came to the house or made that referral for removal. WHAT is the reason? I can't believe you don't know.

Drug use in the home IS a reason to remove a child. But I bet there has been chance after chance for you two.

Removal of children from the home is not done casually. There has to be neglect or a dangerous environment for them to remove the child.

maxdancona
 
  3  
Reply Mon 15 Sep, 2014 04:33 pm
@PUNKEY,
I would talk to the lawyer before talking to CPS. The CPS worker does not have you interests in mind (and may or may not have the interests of your child in mind). The CPS functions as prosecutors... their job is to find problems which means they are not on your side.

You may want to cooperate with them, but you should not talk to them until you talk to a lawyer first.

roger
 
  1  
Reply Mon 15 Sep, 2014 07:20 pm
@maxdancona,
Agree
0 Replies
 
 

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