Can CPS Take My Child If I Fail A Drug Test?

Child protective services or CPS is part of the Texas Department of Family and Protective Services. The role of CPS is to investigate reports of child neglect or abuse. If you need a need a CPS Attorney, please give us a call.

Can CPS Take My Child if I Fail a Drug Test?

 That means that a case worker will show up at your door if someone places an anonymous call to the Texas Department of Family and Protective Services, and states that you are using illegal drugs.  This may also happen if you are arrested for a drug-related offense. When the caseworker comes to your home, they are likely to ask you to take a drug test. If the results of the test come back positive, the CPS will take your child.

Who can report me to CPS?

Can CPS Take My Children AwayPeople who the law gives a special duty to call the CPS include doctors, therapists and lawyers. However, anyone can call the CPS on parents that they suspect are abusing drugs.

Once a call has been made it is assigned a priority level and referred to an investigative worker in the county where the child lives. Then a caseworker is sent out to investigate. The CPS caseworker does the following when investigating child abuse or neglect:

  • They interview the child that may have been neglected and the interview is audio or video tapped
  • The caseworker will inform the parent about the interview and the allegations within 24 hours after an interview
  • They will discuss the report with the parent to get an explanation of any injuries, or neglect of the child or safety concerns
  • They look for the criminal history of the parent accused of neglecting or abusing a child

They may also interview other children in home and look around the home for signs of neglect or physical abuse.  The investigation may have either of the following outcomes:

  • The parents does abuse drugs but there is no evidence to support this determination
  • There was no reason to believe the parent was abusing drugs
  • The drug abuse allegation is ruled out if the caseworker determines that the parent does not abuse drugs
  • The case worker was unable to complete the investigation

You have the right to challenge any investigation outcome that you believe was arrived at because of a misunderstanding.

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Reasons CPS Will Take Your Child

It is true that the CPS can take your child but the child has to be in an unsafe environment before the CPS does that.

An unsafe environment can mean an environment where there are illegal drugs, no food, sexual molestation, violence and insufficient medical care.

So the CPS can only remove the child if the child is at risk of immediate harm or danger. They may also decide to file a lawsuit and request a court order for them to remove the child or children.

Sometimes they may get you to agree to voluntarily send the child to live with a relative or a friend. You need to contact a lawyer that has experience fighting the CPS as soon as you realize that your family is being investigated.


Where can I find a Houston CPS lawyer to help me?

Longworth Law Firm helps clients in the Houston area with Child Protective Services issues.

Will CPS take my child for smoking weed in Texas?

Difficult to say. There are some developments progressing in the area of criminal law and “weed,” but ultimately, decisions of child custody are made by the family law courts according to this standare, “What is in the best interests of the child?”