cps and drug testing? please read full post. .Sweet Dee. 1 child; New York City, NY, Hong Kong 4492 posts
Aug 29th '12

here's a little back story--

person does meth and has a gambling problem. person takes care of her 2 grandchildren and her 14 year old daughter. (the grandchildren's mother has no rights and is incarcerated). and has an SO that has been with them for years...the kids are attached to him and he loves the kids. he has stayed around for that one and only reason....
the grandmother is constantly disappearing, doing meth among other things, and then neglecting the children while she comes down.
she leaves for a few days hanging out with her drug buddies and the SO has had enough. he does not want her to return to the home but would like to continue to care for the children. he calls cps and informs them of the situation. they come and talk to the 14 year old and she tells them of the drugs she's found and the whole story..

will cps automatically try and find this woman to drug test her? will the terminate her rights to all of the children? they haven't really given many answers to the guy..and he needs a lot of government assistance with daycare and such because he HAS to work and the kids have no family to help take care of them. Also..he has 10 days in daycare before the little one has to be brought up to date on his shots...but he can't get him his shots because he's not a legal guardian and this child hasn't been to the doctor in who knows when. dhs have been of little help with this issue. what is this guy to do? he does not want the children to be split up and sent to foster homes at all. i've told him maybe he should get a lawyer to try and get legal rights over the children...would he have a good chance since he has been taking care of them for several years?

this is a really complex situation and this man needs help that dhs is just not giving him...

Serial Mom ✄ Due July 2 (boy); 2 kids; Michigan 2853 posts
Aug 29th '12

Yes, they would drug test her. The kids would get taken away and she would have to do what her caseworker told her to get them back.

As for her boyfriend, I believe he would have to become a registered foster parent in order to take the kids since he isn't a relative.

I hope everything works out for the family!

martinez♥ Due February 13; 2 kids; Fort Myers, Florida 2596 posts
Aug 29th '12

And they would not immediately terminate rights. They have proceedings they have to go through. She'll get a caseworker and a caseplan for how to get the kids back, as well as drug testing. When my sister went through this they would just call and she had 3 hours to get to the lab where the testing was going to be done. If after a certain amount of time she is making no effort or has made little to no progress they will determine that things aren't going to change and terminate the rights. That could take like 1-2 years though.

Blessed x2♥ TTC since Dec 2013; 146 kids; Fort Wayne, Indiana 20187 posts
Aug 29th '12

Its different in every state,

Here in Indiana NO they are not legally allowed to drug test on he said she said, They CAN get a warrant to look through the home and see if they can find anything that indicates drugs or neglect has taken place. If they do find something they have to take it to a judge and if there is no other FAMILY willing to take the kids then the state will gain custody of the children. ALL the children who are under the age of 18 so that includes the 14 year old if no family is willing to house her.

Sadly since the mother has no legal custody of the children and the man isnt their BIO father he wouldnt be able to get any rights or custody of the children. Although after they are in the states custody he can in fact talk to them about adopting the children. It all depends on the sistuation cause sometimes they do give the person who had custody or parent/s 6 months to a year to clean up their act and get the kids back.

Idk if this is how it is where you are, I would do a lot of research and tell him to do his research and really its just a waiting game to see what the state will do about it.

.Sweet Dee. 1 child; New York City, NY, Hong Kong 4492 posts
Aug 29th '12

well as of right now they are allowing him to keep him and said they would get back to him about the daycare. they don't really seem to care about her though....they said since she left them with him it isn't abandonment. and it's not just him telling them about the drugs its the 14 year old daughter and they did come to the house but i'm sure he had cleaned it up.

i don't know..i think they don't mind the guy keeping them but he needs some rights to be able to take them to the doctor and such and they aren't helping him out there. they really aren't helping with anything.

martinez♥ Due February 13; 2 kids; Fort Myers, Florida 2596 posts
Aug 29th '12

That's tough. He might have to call the legal aid office to see what they can do. If they said it's abandonment though then he should be able to file for custody since the children have no one else, there's not a CPS case, and he's willing to take them. Also he can always get the grandmother to sign a notarized power of attorney allowing him to take the child to the doctor if you think she'd be willing to. Hell if she's the only one with only rights he can try to get her to sign a letter of guardianship also.