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What should parents do when CPS requests hair follicle tests after child tests positive for amphetamine?

Angelo M
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CPS case question

Lexi

Lexi, Chatbot

I understand that dealing with a CPS case can be quite stressful. Can you tell me what specific issues you are facing in relation to your case?

15 month old was taken to two separate ERs Thursday because I knew something was wrong. She tested positive for amphetamine. We were questioned by police and then social worker. We are unsure if she got a hold of an Adderall my husband may have dropped on the floor, or possibly on the floor at my work where she had been earlier that day, as my boss was there and she also takes Adderall. I have never taken amphetamine or Adderall.

Lexi

Lexi, Chatbot

Have you already been in contact with Child Protective Services regarding this matter, and if so, what has been the outcome so far?

My husband and I were both drug tested via saliva while in the hospital. We passed. We were also interviewed, as was my 10 year old son. We were allowed to leave. Today a social worker and detective came to our house, looked around, and asked us questions. The detective said he is waiting on the hospital to confirm the source of the amphetamine (I guess they can tell if it was legal or illicit?) and said if it's a legal source they would not consider this a criminal matter. The CPS worker said she wants us both to do a hair follicle test. She first said we had until October 3rd. Then she came back and said her supervisor wants it done first thing in the morning.

Angelo M

Angelo M

Greetings! I hope this message finds you well. I'm thrilled to have the opportunity to assist you with your situation and provide you with the support you need. Thank you for your patience, and I look forward to working with you.

Angelo M

Angelo M

I can certainly appreciate how frightening and overwhelming this must feel for you right now.

Angelo M

Angelo M

What you are describing is actually a very common situation when CPS becomes involved after a child has an unexpected positive toxicology result. Even when hospital staff, detectives, and the CPS caseworker believe it was likely an accident, the agency is still required to rule out any ongoing risk to the child. That is why the supervisor is requesting hair follicle testing from the parents.

Legally speaking, CPS usually cannot force you to take a hair follicle test without your consent unless they obtain a court order from a judge. Hair testing is considered more intrusive than standard screening tests, so if you decline, the agency would generally need to seek judicial approval to compel it.

However, there is an important practical consideration. If you refuse outright, CPS may view that as lack of cooperation, which can sometimes lead them to escalate the investigation or request a court order anyway. Refusal does not mean you have done anything wrong, but it can sometimes prolong the investigation or increase scrutiny.

You generally have a few options:

  1. Agree to the hair test – If you and your husband are confident the results will be clean, cooperating can sometimes help demonstrate transparency and may help close the case faster.

  2. Politely decline unless ordered by a court – You can say you will cooperate with CPS but prefer to wait for a court order before doing a hair follicle test. This places the burden on CPS to justify the request to a judge.

  3. Offer an alternative test – Some families offer urine or saliva testing, which is less invasive and has a shorter detection window.

Because CPS procedures and parental rights vary by state, it is still very wise that you are waiting to speak with a lawyer who practices locally. They can advise you on how courts in your state typically view these requests and whether cooperating immediately or waiting for a court order is the better strategy.

In the meantime, the best approach is to remain calm, cooperative, and consistent in showing that your child is safe and well cared for, while also understanding that you do have rights in the process.

Angelo M

Angelo M

15,687 satisfied customers

Angelo M
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