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child neglect

Can You Refuse a CPS Drug Test?

When Child Protective Services knocks on your door, many parents are so confused that they may make some poor decisions or give some suspicious answers without even realizing it. CPS investigators are trained in working with confused, worried parents. If they observe certain behaviors or things around the house, they may ask a parent to take a drug test. When CPS asks you to take a drug test, many parents assume they must comply. This is simply not the case. Just like any law enforcement officer, unless you consent, a CPS investigator would need a warrant to force you to submit to a drug test. In order to get that warrant, they need probable cause. Although you do not need to comply/consent, oftentimes doing so is the path of least resistance, or it may be a condition to get custody back. While you can refuse, doing so may have other consequences. Comply or Cry Frequently, CPS shows up because they receive an anonymous report that they must investigate. If they don’t find any evidence to substantiate the report, typically, that will be the end of it. Because CPS has a position of power over parents, many parents believe that not complying with a CPS request for a drug test will automatically lead to their children being taken away.Sometimes parents believe that by taking the drug test, the investigation will end. However, none of this holds true in every situation. If there are other issues being investigated, a drug test may just be one piece of evidence, and one that may not even be needed. Unless there is a court order, refusing to take a drug test will be viewed in the context of your case, and negative implications can be drawn from the refusal. When CPS Can Drug Test Generally, CPS can drug test only when they have consent, or a court order. CPS will often require parents who have had their children taken away to pass drug tests in order to get their children back. Some agencies will have parents sign an agreement stating that they will comply with CPS’s rules and conditions, and will include random drug tests, as a condition to get their children back. While a parent may still refuse to take the CPS drug test, CPS can then refuse to return their children. In essence, CPS is still getting the consent of the parents before administering a drug test, but that consent may feel rather forced from the parent’s perspective. For CPS to get a court order, they generally will need to involve law enforcement. If law enforcement is involved in a CPS investigation, you should be concerned about potential criminal charges, and should contact a criminal defense attorney. Related Resources: Have family law problems? Get help now. (Consumer Injury - Family) Do’s and Don’ts: False Allegations of Child Abuse (FindLaw’s Learn About the Law) Ending or Changing Alimony Payments After Retirement (FindLaw’s Law and Daily Life) Under New Facebook Policy, Newsworthy Trumps Nudity (FindLaw’s Law and Daily Life)
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What Do Federal Child Abuse Laws Say? 3 Things You Should Know

In addition to state laws prohibiting child abuse, the federal government has its own laws meant to protect children from neglect and other forms of abuse. These laws include minimum child welfare standards to which the states are required to conform. However, a recent three-year study by the Children's Advocacy Institute found that none of the states are actually meeting these standards, NPR reports. What do federal child abuse laws require? And what did the study find when it comes to enforcement of these laws at the state level? Federal Child Abuse Laws As the Department of Health and Human Services explains, federal child abuse laws are found primarily in two sources: the Child Abuse Prevention and Treatment Act and the Social Security Act. What should you know about these laws? Here are three quick facts: The Child Abuse Prevention and Treatment Act was enacted in 1974 and established the federal Office on Child Abuse and Neglect. It also provides grants to states for child abuse and neglect programs that meet certain federal standards. The Act also sets the minimum definition of child abuse and neglect as "Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse, or exploitation," or "An act of failure to act which presents an imminent risk of serious harm." The relevant portions of the Social Security Act further established federal child welfare oversight of state welfare policies and practices by the Department of Health and Human Services, including the collection of child welfare statistics and the administration of child welfare information systems. Report's Findings According to the Children's Advocacy Institute's study, over a three-year period, no state met the federal child welfare standards, but the Department of Health and Human Services, which is responsible for enforcing these rules has largely taken a hands-off approach. "There is no meaningful oversight and the states know it," the report asserts. The report estimates that at least 686,000 American children were the victims of abuse or neglect in 2012, including 1,640 who were killed as a result. The report suggests that Congress should require HHS to take punitive action against states that don't follow federal regulations and sanction the executive branch, of which the HHS is a part, if it fails to meet its regulatory responsibilities. Related Resources: Federal government failing to protect children, report says (The Associated Press) What To Do if You Suspect Child Abuse (FindLaw's Blotter) Meth-Related Child Abuse Cases on the Rise? (FindLaw's Blotter) Adrian Peterson Indicted on Child Abuse Charges; Freed on Bond (FindLaw's Tarnished Twenty)
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