Q: Can cps use a 16 year old case in 2023 to remove a child from there home

A: I understand your concern, but I want to provide some important context first. CPS (Child Protective Services) operates under state-specific laws and guidelines. Their primary goal is to ensure the safety and well-being of children. CPS investigations and actions are typically based on current circumstances and evidence of child endangerment, rather than solely on past cases.

Regarding your specific questions:

1. CPS's decision to remove a child from their home is based on a comprehensive assessment of the child's current situation. While past cases can provide context, CPS would need to demonstrate that the child is currently at risk of harm due to abuse, neglect, or other factors endangering their welfare. A 16-year-old case alone would not likely be sufficient grounds for removal without evidence of present risk.

2. CPS can request a drug test from a parent if they have reason to believe that substance abuse is putting the child at risk, even if the parent is not on parole or probation. However, CPS must have a valid reason for the request, such as current evidence or reports of substance abuse affecting parental ability and child safety. A 16-year-old case, without indication of current substance issues, would not typically warrant a drug test request.

It's important to remember that CPS investigations are complex and case-specific. If you have concerns about a particular situation, it's best to consult with a legal professional familiar with California's child protection laws for guidance on your specific circumstances.