Without law, no law-enforcing agency can do anything. Every act of the law-enforcing agency of a state must comply with the law. For the purpose of discharging the duties, the activities that can be included in this can possibly be done by the law enforcement agency.
Child Protective Services (CPS) is the government agency that discharges its duties in the protection of children. At the time of discharging their duties, they do what includes the investigation process, and they can do necessary things for the sake of ensuring the safety of a child.
Can CPS conduct your drug test after the case is closed?
To ensure the child’s safety and conduct an investigation, the CPS can take the alleged to a drug test.
But the question arises whether a CPS can take the drug test of a person in a case that is already dissolved. The answer is no because the duties and power of the CPS stay until the allegation stays or ceases to exist. When the allegation is solved, there is no jurisdiction for the CPS to take the drug test of the alleged or to force him to do that.
But the exception is that the CPS takes the child’s care plan from the parents for the purpose of deterring further incidents like this. Here, CPS can make a request to the parents to take the drug test but cannot force them to do so. Here, parents can refuse the request of the CPS. The parents are not bound to comply with the order or request of the CPS.
There is no controversy that, after the finishing of the case, a new case may arise, and for that purpose the case, they can take the drug test of the same person.
There is no legal barrier to showing the old drug test result in the present case to prove the disability of the parents.
- Do I have to take a drug test for CPS in Texas?
For the purpose of the CPS investigation, they can take your drug test if it is relevant to that. So if you deny complying with that, they can get the official direction to compel you. After being bound by the legal process, you do not have the opportunity to decline that.
- Will I lose custody if I fail a drug test in Texas?
The failure of the drug test means that you will lose custody of your children. The decision regarding the custody of the child comes from the home, so the court makes the decision based on the various factors it considers. If the courts find all of the factors going against you, then the court will decide to remove the custody from you rather than not.
- Can CPS Take My Child if I Fail a Drug Test?
Considering the drug test report, if the CPS finds that the environment is adverse to the child’s safety, they can remove the child from your custody.