Please help!!

[goingcrazyover]

What is the name of your state (only U.S. law)? FL


Today a Officer w/ the Child Protection Investigations came to our home
and advised us that someone called in a Complaint.. They stated that my husband was abusing drugs and that we have no food in the house.

These allegations are false!!! I was asked to take a Urine Test, and I declined at the time... I was wondering what are my Rights!!!

I invited her in and she checked the Fridge and kids rooms and told me she would be back on Sunday..

Any advice willl help..

THanks

[IsabellaSoriano]

Originally Posted by goingcrazyover

What is the name of your state (only U.S. law)? FL


Today a Officer w/ the Child Protection Investigations came to our home
and advised us that someone called in a Complaint.. They stated that my husband was abusing drugs and that we have no food in the house.

These allegations are false!!! I was asked to take a Urine Test, and I declined at the time... I was wondering what are my Rights!!!

I invited her in and she checked the Frigde and kids rooms and told me she would be back on Sunday..

Any advice willl help..



THanks

why did you decline a drug test? you do realize that looks suspicious don't you?

[cyjeff]

Okay....

Get an attorney.

Choose between your children and the drugs. No, you didn't have to take the urine test.

Yes, your failure to do so will count against you.

Put food in the fridge.

Throw all the drugs away.

[goingcrazyover]

I realized after she left that it did look suspicous, but it wasn't me that they were in question of.. She is coming back on Sunday to see me & the hubby, and a test will be performed.. Just looking for positive feedback..

[IsabellaSoriano]

Originally Posted by goingcrazyover

I realized after she left that it did look suspicous, but it wasn't me that they were in question of.. She is coming back on Sunday to see me & the hubby, and a test will be performed.. Just looking for positive feedback..

as a veteran of false CPS calls, take the drug tests. if you have nothing to hide, be forthcoming.

if you do have something to hide, go speak to an attorney NOW.

[TheGeekess]

Originally Posted by IsabellaSoriano

why did you decline a drug test? you do realize that looks suspicious don't you?

Without a court order and proper chain of custody, I'd decline myself. (Personally, I think it's a violation of my rights as an US citizen.)

[IsabellaSoriano]

Originally Posted by TheGeekess

Without a court order and proper chain of custody, I'd decline myself. (Personally, I think it's a violation of my rights as an US citizen.)

well, i see it a tad bit differently. i have to the right to say no. but i chose not to. i been through the process enough to know it's just easier to pee. the social worker gets what they need. i prove dumbdumb is an idiot faster. and i move on.

[Antigone*of*Greece]

Originally Posted by IsabellaSoriano

well, i see it a tad bit differently. i have to the right to say no. but i chose not to. i been through the process enough to know it's just easier to pee. the social worker gets what they need. i prove dumbdumb is an idiot faster. and i move on.

I am with Bella on this one. There is no faster way to squash the accusations than to prove them wrong. Sure you could stand up for your rights and decline but then the gates of hell will open up when all the investigating starts. I would want to save my kids from the turmoil, the drama, the fear, and the emotion.

[Ohiogal]

Originally Posted by Wirelessany1

I am with Bella on this one. There is no faster way to squash the accusations than to prove them wrong. Sure you could stand up for your rights and decline but then the gates of hell will open up when all the investigating starts. I would want to save my kids from the turmoil, the drama, the fear, and the emotion.

If someone showed up at my house asking for a urine test for drugs I would say no immediately. Why? Because there is no provable chain of custody, I don't know the qualifications of the person asking or if they know how to handle it properly, and I don't have to answer EVERY accusation tossed my way. There are proper ways to do this and improper ways. CSB needs to follow the rules just like I do.

[LdiJ]

Originally Posted by Wirelessany1

I am with Bella on this one. There is no faster way to squash the accusations than to prove them wrong. Sure you could stand up for your rights and decline but then the gates of hell will open up when all the investigating starts. I would want to save my kids from the turmoil, the drama, the fear, and the emotion.

I agree with The Geekess on this one. I also don't agree that the "gates of hell" would necessarily open up.

Sure, you can squash the accusations by proving them wrong, but I would not ever do that kind of test where the chain of custody was not clear. I might offer to do the test in a proper lab setting, but I would not agree to do it if a social worker was going to be transporting my "specimen" to who knows where. I would not however do it if the social worker was merely on a "fishing expedition".

Its also a violation of a parent's constitutional rights against unreasonable searches and seizures.

Quite frankly, CPS doesn't even have the right to enter someone's home (unless invited) without a warrant. CPS doesn't have the right to yank kids or ask for a drug test based on nothing more than an accusation from an outside party either.

I myself have been the subject of 3 false complaints to CPS. Twice when I made a crazy woman angry, (she eventually got prosecuted and jailed for making false complaints of all kinds against people) and once when CPS investigated someone else and they thought that I had made the call, so they retaliated by having someone make a call against me.

I never agreed to take a drug test, and the "gates of hell" never opened up. I merely stated that I did not feel that it was a reasonable request, under the circumstances.

[Antigone*of*Greece]

Originally Posted by LdiJ

I agree with The Geekess on this one. I also don't agree that the "gates of hell" would necessarily open up.

Sure, you can squash the accusations by proving them wrong, but I would not ever do that kind of test where the chain of custody was not clear. I might offer to do the test in a proper lab setting, but I would not agree to do it if a social worker was going to be transporting my "specimen" to who knows where. I would not however do it if the social worker was merely on a "fishing expedition".

Its also a violation of a parent's constitutional rights against unreasonable searches and seizures.

Quite frankly, CPS doesn't even have the right to enter someone's home (unless invited) without a warrant. CPS doesn't have the right to yank kids or ask for a drug test based on nothing more than an accusation from an outside party either.

I myself have been the subject of 3 false complaints to CPS. Twice when I made a crazy woman angry, (she eventually got prosecuted and jailed for making false complaints of all kinds against people) and once when CPS investigated someone else and they thought that I had made the call, so they retaliated by having someone make a call against me.

I never agreed to take a drug test, and the "gates of hell" never opened up. I merely stated that I did not feel that it was a reasonable request, under the circumstances.

I do see your point LdiJ and OH. The "gates of hell" was a bit overboard and I do see that there could potentially be problems with someone walking out of a home with cup and no proper custody chain. I stand corrected.

[CourtClerk]

Originally Posted by TheGeekess

Without a court order and proper chain of custody, I'd decline myself. (Personally, I think it's a violation of my rights as an US citizen.)

At least here, it is not uncommon for not only CPS officers, but parole agents to administer urine tests in the homes of people they visit. The samples are sealed right in front of the person given the sample. I would have given the sample AND sent them with some hair...lol

[IsabellaSoriano]

i still stand by my statement, but i chose it because it's right for me.

so far, it's worked for me. now if i have a run in with a crooked social worker....i'll be back here ranting on something fierce...

[Tallrat]

Originally Posted by Ohiogal

If someone showed up at my house asking for a urine test for drugs I would say no immediately. Why? Because there is no provable chain of custody, I don't know the qualifications of the person asking or if they know how to handle it properly, and I don't have to answer EVERY accusation tossed my way. There are proper ways to do this and improper ways. CSB needs to follow the rules just like I do.

Ditto! And if the sample did come up positive I am sure a good lawyer would bring that up in court.

[LdiJ]

Originally Posted by CourtClerk

At least here, it is not uncommon for not only CPS officers, but parole agents to administer urine tests in the homes of people they visit. The samples are sealed right in front of the person given the sample. I would have given the sample AND sent them with some hair...lol

Someone on parole has no choice but to comply with the drug tests...a parent who has had someone make an accusation HAS a choice...particularly if its an accusation without hard evidence or not a mandated reporter accusation.

Someone on this forum (I think, it could have been another forum) a few years back agreed to a urine test because they were clean, and got a false positive result and their children were yanked.

They went on to do a hair follicle test which proved that they were clean, but ultimately their children were in foster care for a couple of months while all the legal wrangling was going on...so everyone was traumatized.

So..sometimes it actually can be a mistake to agree to the test, even if you know that you are clean.