Saturday, October 5, 2013

Can acs take my child away if i test positive on a drug test do to an investigation tours me for false claims of child abuse?

Q: i was visited on 10/05/12 by child protective services because someone claimed that my husband and i plus more adults living in the house hold are using cocaine like addicts and that my husband physically abuses our child . of course we are mortified by this news and even more confused as to where it came from. it will eventually be obvious to the case worker that our child is not being abused but she wants all 4 of us which is my mom and her husband as well to take drug test.
i am very willing to comply with all protocol but may test positive for marijuana and would like to know if they can take my child away do to this result?  plus any other advice u can give pertaining to my case i would gladly appreciate. the child protective agent interviewed us on 10/05/12.

A: First, it is possible ACS can take your child away for a positive test. It then becomes a difference as to whether that is right or not, based on the law as well as the particular facts in your case. If there is no other indication that the child is being abused or neglected & you feel you MAY test positive, then it may be prudent to refuse to take the test, explaining that you would like to consult a lawyer first before doing so. I then highly advise you to schedule a consultation with a Family Law attorney to further discuss the situation.  --  David Bliven, Bronx Child Custody lawyer (

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