[TX] Can CPS compel parents to sign a safety plan with drug testing without court involvement?

TX Family Law

Liz

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With CPS, they would normally get a court order and they would need probable cause of harm to the child, for it to be issued to order the drug testing. (TX Fam Code § 261.303)

They can pressure you, but they can't actually force anything without a court order.

The fact they keep asking, without getting a court order, does indicate they don't have enough for the court order.

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CPS wants to put a safety plan on us. Can we have a lawyer talk with them before?

Lexi, Chatbot

I understand that dealing with CPS can be very stressful. Have you already been in contact with them regarding the safety plan?

Yes, they want us to sign to start it, but we want a lawyer first.

Lexi, Chatbot

What specific concerns do you have about the safety plan they are proposing?

Drug testing right now.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your drug testing issue.

I don't know.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, in what state are you dealing with CPS?

CPS is asking for a safety plan including counseling, drug testing, and substance abuse for me and my baby mother, due to she was positive for cocaine 1 week prior to giving birth, but on day of delivery she was negative and baby was negative.

We initially denied voluntary drug testing and now she is asking again after a home visit and threatening legal court matters if we say no.

We are concerned of testing positive for THC if done now.

Liz

Thanks for sharing more details. Could you let me know which state you're in? This will help me understand the specific laws that might apply to your situation.

Is it possible to tell her we will have a lawyer tell her an answer?

No warrants yet.

Texas.

We agree with the safety plan, but random drug testing we don't want it to be right now.

Liz

Have you approached legal aid at all?

Yes, but not hired an attorney yet.

I will counter the CPS worker.

Can probable cause be seen if she was positive one week prior but negative on day of delivery and baby was negative as well?

Liz

Did anyone do a confirmatory test?

One week later for her, yes.

Liz

On the same sample? If it's confirmed, they could argue that is probable cause of usage, but they still also have to show that the child is at risk of abuse or neglect.

CPS only has positive results. They still don't have the negative results.

And they want us to make a decision right now on a safety plan.

Is it reasonable to assume that since they have asked us twice on a safety plan about a month apart that they are "on the ropes" because they know they have no evidence of immediate danger to remove the child from home that a judge would sign off on?

Liz

With CPS, they would normally get a court order and they would need probable cause of harm to the child, for it to be issued to order the drug testing. (TX Fam Code § 261.303)

They can pressure you, but they can't actually force anything without a court order.

The fact they keep asking, without getting a court order, does indicate they don't have enough for the court order.

Liz

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