Q: CPS requests drug testing despite judge's prior statement and without written order. How to protect children?
I am a victim of a domestic violence incident, and now CPS has filed a charge of failure to protect against me, despite having evidence to refute the charges. After a jurisdiction hearing today, which was continued for 30 days due to a restraining order I filed, CPS told me to pull my kids out of school for drug testing along with me. This was surprising, as the judge previously stated that there was no need for drug testing due to a lack of evidence and my compliance with CPS requirements. I have not received any written communication or order regarding the drug testing, and my attempts to contact my public defender have been unsuccessful. How should I proceed without causing emotional harm to my children?
A:
You should immediately document this verbal request from CPS in writing, including the date, time, names of officials involved, and exactly what was requested. When dealing with CPS matters, maintaining comprehensive records is crucial for your case. Consider sending a respectful email to your CPS worker referencing the judge's previous statement and requesting clarification about the legal basis for this testing requirement.
While awaiting contact with your public defender, you may request that CPS provide the written court order or document authorizing this testing. In California, parents generally have the right to see documentation supporting such requirements, especially when they contradict statements made by the judge in court proceedings. You might also file a written request with the court clerk for clarification of current orders in your case, which creates an additional record of your good-faith efforts to comply with legitimate requirements.
Regarding your children's well-being, you could request that any testing be conducted after school hours to minimize disruption to their education and routine. You might also ask about alternative testing arrangements that would be less intrusive or stressful for your children, such as testing at locations designed to be child-friendly. Remember that protecting your legal rights through proper documentation and respectful questioning is ultimately in your children's best interests as well.
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