Chico, CA asked in Civil Rights, Juvenile Law and Native American Law for California

Q: Can cps detain and continue detainment based on one positive drug test? Can it be a er test? Only allegation on case?

Er didn't notify us test was even being done. It was a dip stick test with no 2nd confirmation test. One positive test followed by 6 negitive tests including on day of birth mom and baby tested clean. Cord blood came back clean. Mother has no criminal history of any kind, minor and adult. ICWA is to apply but they haven't followed one law.

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: More information is needed. The mother needs to find and obtain a lawyer with experience in Indian Child Welfare law in order to protect and assert her rights. If she needs your assistance, you need to remember that she will be the client and few attorneys will get involved in advising a client through a "middle man" because all communications between lawyer and client have to be between the lawyer and the person, i.e. the client, who needs the assistance. So you can tell your friend to find herself a lawyer who can help her.

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