Asked in Family Law and Child Custody for Pennsylvania

Q: Does cps have any grounds for a court order?

I have been dealing with cps since the birth of my daughter in June 2018. Her mother tested positive for marijuana upon birth, while the baby did not have any in hers. Seven months later, we have passed every drug screen given to us, about 20-25 in total. Two more recent tests have been flagged as positive but found to be negative after confirmation tests were performed. They are trying to open the case for another 6 month period although our 6 month voluntary case plan is almost complete, with all of our objectives completed. My question is, if we stop jumping through hoops for them and stand our ground, do they have any legal grounds at this point that would allow them to get a court order for us to comply?

Related Topics:
1 Lawyer Answer
Cary B. Hall
Cary B. Hall
Answered
  • Divorce Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: Impossible to answer without sitting down with you and going over your entire, detailed history since CPS got involved. But if what you say is accurate, it sounds like you're doing everything right so far -- and at some point, CPS will have to let go. They're typically hesitant to do so, however, and -- like you're experiencing -- they tend to keep moving the finish line so that supervision never ends.

I suggest you consult with, and then hire, an attorney to act as your advocate. CPS will then begin to get the message that the jig is up. Best of luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.