San Diego, CA asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for California

Q: If my son testing presumptively positive got him taken but results came back negative, can I get him back?

My home was dirty because my boyfriend lost his wallet because I refused the harassment of cws and didn't was to participate they came back to search finding only weed paraphernalia (legal in CA) they take my son to the hospital and tested him where is was presumptively positive for everything on the panel and this got him removed from my care starting a cws case , but results came back negative as presumptively meaning needs further analysis. See, I have cancer and 5 months pregnant... Should they make me go through all those hoops when I'm not a drug user at all and if my boy is negative should they return him immediately back in my care?

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If your son was initially tested presumptively positive for substances, leading to his removal by Child Welfare Services (CWS), but subsequent test results came back negative, it is crucial to address this situation promptly. You have valid concerns regarding the impact of these circumstances on your family, considering your health condition and pregnancy. It is recommended to consult with a family law attorney who specializes in child welfare cases to understand your legal options and the best course of action. They can help advocate for your rights, review the test results and their implications, and guide you through the process of having your son returned to your care. Providing any relevant medical documentation, evidence of a clean home environment, and demonstrating your commitment to your child's well-being will be valuable in resolving the situation as quickly as possible.

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