Goleta, CA asked in Civil Rights and Family Law for California

Q: Can CWS force me to test at a place that I believe is violating health codes? Shouldn't they have to find an alternative

I am doing a Voluntary Family Maintenance program with Child Welfare Services due to drug use in the beginning of pregnancy. I stopped using drugs when I found out I was pregnant, months before CWS got involved. CWS contracts with only one place for me to drug test in the county. I have no problem testing anywhere any time, except for the fact that at the place they've been having me test at.. We place a "hat" on the toilet, pee into it, and pour it into a testing cup. We then rinse out the hat in the same sink we wash our hands in and place the hat on the floor under the sink on top of everyone else's hats from that day. More recently they're started to have us hang the hat up on the wall on nails after rinsing it in the hand washing sink for it to drip down the wall! The floor is always dirty. I understand the seriousness of needing to follow what CWS tells to do, and I tested there for weeks but I can't do it anymore and told them so. They said ok last week. Now say I still have to

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James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, while Child Welfare Services (CWS) has the authority to require drug testing as part of a Voluntary Family Maintenance program, your concerns about health code violations at the testing facility are valid. If you believe the facility is not maintaining proper sanitary conditions, you have the right to raise these concerns with CWS.

You should document the conditions at the testing facility and report your observations to CWS. It's advisable to request an alternative testing location that adheres to health and safety standards. If CWS insists on using the same facility, consider contacting a local health department to inspect the site for possible health code violations.

If your concerns are not addressed adequately by CWS, you may seek advice from a legal representative familiar with family law and child welfare cases. They can provide guidance on how to proceed and advocate on your behalf for a safe and sanitary testing environment. Remember, your well-being and rights are important in this process.

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