Drug Test Levels Consideration
Summary
CPS in Virginia can use past drug use as evidence of neglect or abuse, but drug test results alone dont establish neglect or abuse. They consider various factors, including physical or emotional harm to the child, inability to care for the child, parents willingness to change, cooperation with CPS, the childs age and vulnerability, and availability of a safe alternative caregiver. You can request different drug tests, but CPS must approve. Legal counsel can help advocate for your preferences and ensure your rights are respected.Full Conversation
I live in Virginia and I recently had cPS becoming involved in my life in January and I took a stream file on urine for them and I was positive and then used a few times back in the end of February and a little bit in March but March *. I started my substance-abuse treatment I OOP for him and I haven’t used since that whole time until currently and I told my caseworker that so obviously when I took the. second hair, follicle and drugs going which was on April *. I was still positive in my hair for methamphetamine. But can’t they look at the levels because I know my levels are way way way down because I trying to stop on my own before treatment and I started treatment. I’ve been clean since that first day so I know I haven’t used since March * and I know my levels have to be way down then they were the first test can’t use that to measure my progress.
Hello Tamara,
CPS typically focuses on ensuring child safety. They might consider drug test levels, but the final decision varies. In Virginia:
- CPS can use past drug use as evidence of neglect or abuse
- Drug test results alone don't establish neglect or abuse
- CPS makes decisions based on a variety of factors, not just drug test results.
Seeking legal advice could be beneficial.
CPS typically focuses on ensuring child safety. They might consider drug test levels, but the final decision varies. In Virginia:
- CPS can use past drug use as evidence of neglect or abuse
- Drug test results alone don't establish neglect or abuse
- CPS makes decisions based on a variety of factors, not just drug test results.
Seeking legal advice could be beneficial.
do you have any examples of factors that they might try to use?
CPS in Virginia usually considers factors such as:
- Physical or emotional harm to the child
- Inability to properly care for the child
- Parents' willingness to change their behavior
- Parents' cooperation with CPS and adherence to the case plan
- The child's age and vulnerability
- Availability of a safe alternative caregiver.
- Physical or emotional harm to the child
- Inability to properly care for the child
- Parents' willingness to change their behavior
- Parents' cooperation with CPS and adherence to the case plan
- The child's age and vulnerability
- Availability of a safe alternative caregiver.
but I had told her that I used a few times at the beginning, which would obviously show up on this hair follicle test, but it would be from the first week or so of this new 90 days before the fall test she’s not looking she’s just saying oh so you’re it’s positive you’re using and I have had clean urine screens with my IOP randomly since the 26th. I have no problem randomly taking urine screens for cPS but I don’t want them to keep cutting my hair is the problem. I don’t know how they do these things but she told me urine screen w my IOP program aren’t enough ..
It seems you're concerned about the method of drug testing CPS is using. In Virginia:
- CPS can choose the type of drug test.
- Requesting a different type of drug test is possible, but CPS must approve.
- Legal counsel can help advocate for your preferences.
Consider speaking with a lawyer to discuss this in detail.
- CPS can choose the type of drug test.
- Requesting a different type of drug test is possible, but CPS must approve.
- Legal counsel can help advocate for your preferences.
Consider speaking with a lawyer to discuss this in detail.
I’m not worried about the type of drug screen they use. I just want her to look and take into consideration at the levels because I know I put in the work and I have not used and before I got in treatment I used way less than what I was using before cPS involvement so my levels have to be lower. It’s impossible for them to not be. unless cPS is using somebody else’s results of the levels can I go get my own hair follicle and urine scream from a lab or something to use to compare
In Virginia:
- You can conduct your own drug test, but CPS isn't obligated to accept it.
- CPS typically uses its own tests for consistency.
- A lawyer can help argue for the consideration of test levels.
Consider seeking professional legal advice for your specific case.
- You can conduct your own drug test, but CPS isn't obligated to accept it.
- CPS typically uses its own tests for consistency.
- A lawyer can help argue for the consideration of test levels.
Consider seeking professional legal advice for your specific case.
I mean, I have recorded phone conversations where I spoke with her about this before and I mean, I don’t understand how they expect someone who has a problem to even be *% sober overnight even without being in treatment. That’s a set up to fail and you know recovery. They can’t dictate that, I have made so much progress from * of march till now and I used end of Feb a little and on my birthday a bit and the I started treatment on march26 and I have been * percent clean since then and levels would show that progress because that is progress. I mean it’s not gonna happen overnight. I’m not gonna be a full recovery overnight. Everybody’s unique in their recovery but I am recovering and it’s progressed and they’re making me have to visit my son at the agency instead of having supervised visits with his father at my house. That’s not right.
I understand your concerns, Tamara. In Virginia:
- CPS focuses on child's safety and wellbeing.
- They might take into account your progress, but ultimate decision lies with them.
- Having legal counsel may help you advocate for your rights and interests.
Consider seeking professional legal advice.
- CPS focuses on child's safety and wellbeing.
- They might take into account your progress, but ultimate decision lies with them.
- Having legal counsel may help you advocate for your rights and interests.
Consider seeking professional legal advice.
see if you have lady abuse assessment lady said several times in my report that I appeared to be a below average intelligence from my substance assessment filling bubbles that’s what she said and I had an IEP in school so I feel like that is very like discriminating and offending to me because I’ve said several times to her on recordings even like I don’t understand what you’re saying can you please explain it to me and she says what part don’t you understand when I say all of it and she says well we’re moving on and she won’t make sure that I understand what she’s trying to say to me and I feel like that isnot right either I had an IEP in school and those issues that caused me to get A P in school are bothering me now as an adult and I don’t appreciate her and roundabout way calling me stupid that’s discrimination and a violation of my civil rights correct
I understand your concerns, Tamara. In Virginia:
- CPS workers have to clearly explain their decisions and actions.
- If you feel your rights are violated, you can lodge a complaint with the CPS agency or seek legal counsel.
- It's important to have your voice heard. Consider professional legal advice for this issue.
- CPS workers have to clearly explain their decisions and actions.
- If you feel your rights are violated, you can lodge a complaint with the CPS agency or seek legal counsel.
- It's important to have your voice heard. Consider professional legal advice for this issue.
is there anything that I can do to try to speed the process of reuniting me with my four year-old sooner because he is suffering because he just wants to stay with money he wants to be with mommy and I don’t know what to say to him I can’t explain to him what’s going on he doesn’t understand what’s going on and his dad is hateful for no reason and really hateful to me white and Luca. He’s only four is a baby and I just can’t stand the thought of him having him most of the time like he is hateful to him.
In Virginia, to reunite with your child sooner:
- Comply with all CPS requirements
- Follow your case plan diligently
- Attend all court hearings
- Complete all recommended services
- Maintain regular, positive contact with your child
Getting legal advice can offer more personalized strategies.
- Comply with all CPS requirements
- Follow your case plan diligently
- Attend all court hearings
- Complete all recommended services
- Maintain regular, positive contact with your child
Getting legal advice can offer more personalized strategies.
I am complying. I have done everything that they have asked me to do and I mean, I’ve done it voluntarily even like most of it. I started way before they even could produce the services because I had to wait for my meeting, which was just recently. on * April
That's commendable, Tamara. In Virginia, showing consistent progress and complying with CPS rules is crucial. Have you considered having a lawyer represent your interests? This could help expedite the process.
I have been trying to get legally to call me and I have not been successful because they’re so busy but hopefully they are gonna call me tomorrow but I’ve been trying to navigate all this by myself and not screw myself and not screw my son and you know I am copying with cPS rules as much as I can. I have missed three days of my IOP because I have chronic migraines, but I have doctors excuses and papers for my doctors saying that I have these migraines and then I am waiting for neurology to call me back to figure out that out so like I can’t predict when I’m gonna have one of those headaches and she’s saying that I need to work on all that and that my six week IOP program is not enough. I need a * week IOP program and I’m almost done with my six week program. I got like a week or so left and then I was gonna do the IOP Mental Health. Because my mental health is definitely some of the reason why I ended up the way that I did and y cos got involved
I understand your frustrations, Tamara. In Virginia:
- CPS may adjust their requirements based on your health conditions.
- If you're unable to meet certain requirements due to health, it's important to communicate this to CPS.
- Having a lawyer could provide assistance with this. Please continue your efforts to get legal help.
- CPS may adjust their requirements based on your health conditions.
- If you're unable to meet certain requirements due to health, it's important to communicate this to CPS.
- Having a lawyer could provide assistance with this. Please continue your efforts to get legal help.
I mean, I don’t have a problem making up the days that I miss but you know I haven’t missed very many and you know it’s not Mike. I didn’t have doctors excuses and papers to prove what I was saying and I mean, I mean the program is working because I have not used the whole time. I’ve been in Program, obviously when cPS takes my children and leaves me with no services implemented until just recently after the fact meeting is when they would’ve did it so I’m so glad I started my services in February because I would still be waiting to do my services and my mental health and not being treatment and and and I my levels would be way higher, but thank God they’re not because I got started on all my services right away on my own set them all up on my own started attending and complying and actively participating and you know I can do I refrain from using for pretty much two months since I started IOP program on * March that’s gotta stand for something because I mean I was putting in the work I put in more I have not been using like I was before so my levels are no doubt lower and as soon as I got treatment, I wasn’t using it. I’m not using.
Your dedication is admirable, Tamara. In Virginia:
- CPS takes into account your commitment to change and improvement
- Continue adhering to program requirements
- Keep providing evidence of your progress
- A lawyer could help make your case stronger
Ensure to get legal help as soon as possible.
- CPS takes into account your commitment to change and improvement
- Continue adhering to program requirements
- Keep providing evidence of your progress
- A lawyer could help make your case stronger
Ensure to get legal help as soon as possible.
well I don’t I don’t think that I should be losing the supervisors it with Mike child’s father here and that’s how we have our visits and that I don’t wanna go from that to going to the agency to see my child because my child is not doing well without he’s used to being with me since before he was born. I’ve never been gone for my kid side and this is really not OK to him and it’s traumatized him and me and you know like I have made progress and I will continue to make progress, but the thing is is they’re taking away that visit and making us come there to visit you know if I can get somebody to have time enough to let me visit with him and then take time out of there day to be there, and I’m not very confident in that because they can’t even get it together to come to the home visits that they schedule and reschedule and don’t say anything about not coming they just don’t show up
I understand your concerns, Tamara. In Virginia:
- You can request a change in visitation arrangements
- CPS has to consider the best interest of the child
- Legal advice can help you argue your case for home visits
Continue seeking legal assistance to address this matter.
- You can request a change in visitation arrangements
- CPS has to consider the best interest of the child
- Legal advice can help you argue your case for home visits
Continue seeking legal assistance to address this matter.
When she was talking to me yesterday and trying to tell me that she was planning on changing the visitation because I was still positive even though she knew I was gonna be positive because of the little bit before I started treatment and all that you know relapsing and what not which is totally normalbut I made progress even with that still she was supposed to start random screens, but she told me yesterday that the urine screens aren’t good enough, which I don’t understand why they aren’t good enough because of I don’t know my children have always been safe with me. I’ve never had them around anything I’ve never abused them. I’ve never had anything in the house that’s not supposed to be around them like I’ve not neglected them. They were always fed clean I mean they can’t take my children just because I have a drug issue which really is due to my mental health which doing so but if they want me to continue to make progress, I don’t understand why they’re punishing me for having an perfectly normal relapse until I was in treatment. That is why my screen was positive. That’s the only reason why i failed and that’s a set up to fail no matter what so I hung up on her yesterday. I told her that she knew I told her to do what she felt she needed to do and I hung up on her because I was about to be so so angry and I’m not normally in a person, but this whole thing is bringing it out of me because they are destroying my family destroying my child and destroying my whole world man and I’ve done everything I’ve asked and I failed to see how they have helped me at all, and they didn’t try anything to keep my child in the home. They were trying since the first day to take my children out of my home.
I understand your frustration, Tamara. In Virginia:
- CPS prioritizes child safety and welfare
- CPS can adjust visitation based on safety concerns
- Your progress in treatment will be considered
- Legal representation can help argue your case
Ensure to follow up with legal services.
- CPS prioritizes child safety and welfare
- CPS can adjust visitation based on safety concerns
- Your progress in treatment will be considered
- Legal representation can help argue your case
Ensure to follow up with legal services.
I have never received copies of the safety plan or the VPA that assigned and my back when she first was doing all this she had me sign like eight papers and she wouldn’t let me read them and she never provided copies I had to go do a FOIA request to which again she did not provide me with the things I specifically asked for like the VPA and safety plan and all that stuff like I have none of that I don’t have anything to reference. I don’t have a timeframe. This is not in court so they’re just doing whatever they want and there’s no need me advocating for me
I understand your concerns, Tamara. In Virginia:
- CPS should provide copies of all documents you sign.
- If they haven't, you can request these documents.
- Legal counsel can help ensure your rights are respected.
It's crucial to get legal help to navigate this issue.
- CPS should provide copies of all documents you sign.
- If they haven't, you can request these documents.
- Legal counsel can help ensure your rights are respected.
It's crucial to get legal help to navigate this issue.
I have requested these documents several times and I had to do a FOIAjust to even get what I did get, but I still didn’t get what I asked for specifically And she didn’t provide me with everything that I asked for I have no papers that I have signed with her and I haven’t signed anymore since the first set of papers that was I want to say that the beginning of February or middle of February when she became involved, she brought those papers and assigned and she said she would give me copies that day and she never did and I still haven’t gotten copies
I understand your frustration, Tamara. In Virginia:
- It's your right to have copies of all documents you sign with CPS.
- Legal counsel can help you enforce this right.
- A lawyer can also request these documents on your behalf.
Continue to seek legal help to resolve this issue.
- It's your right to have copies of all documents you sign with CPS.
- Legal counsel can help you enforce this right.
- A lawyer can also request these documents on your behalf.
Continue to seek legal help to resolve this issue.
so being as they basically I didn’t have a choice in signing the VP agreement. It was not volunteering Terry at all and you know what I mean I like they said they were going to get a court order either way and that they were either gonna put my child the family if I signed the VPA or if I didn’t, they were going to put them in foster care but either way they were getting a court order not if they got a court order that they were getting a court order
I understand your concerns, Tamara. In Virginia:
- You have the right to understand any document before signing.
- You can withdraw your consent to a VPA at any point.
- Legal representation can help you understand and navigate these situations.
Pursue legal assistance as soon as possible.
- You have the right to understand any document before signing.
- You can withdraw your consent to a VPA at any point.
- Legal representation can help you understand and navigate these situations.
Pursue legal assistance as soon as possible.
What would happen specifically if I withdrew my BPA consent or my consent to a VPA would that maybe work out better so that way I can be heard and I can you know defend myself against her completely false reports as well as recordings of her lying, talking down to me, threatening to hang up on meI’m telling her I’m confused and she basically tells me what we’re moving on so you know and leaves me not understanding what she said and I think that that speaks volumes because I feel like I’m being discriminated against and I was definitely coerced to sign VPA. Don’t they have to prove that they didn’t coherce me
In Virginia, if you withdraw your consent to a VPA:
- CPS may initiate legal proceedings
- You have the right to legal representation
- You can present your evidence in court
- Coercion to sign the VPA is a serious claim. Legal counsel can help you address this.
Seek legal advice to explore all your options.
- CPS may initiate legal proceedings
- You have the right to legal representation
- You can present your evidence in court
- Coercion to sign the VPA is a serious claim. Legal counsel can help you address this.
Seek legal advice to explore all your options.
I mean I’ve caught her in some lies and I’ve caught them in a few lies and I think they even coke hurts my son or tried to because they told me something that they said that he said, but he told me four times that he never said that and there’s no recording or anything there was no witness to the meeting as far as I know so my son says one thing and cPS says something different but you know they didn’t have a problem making me feel like I had to sign the VPA. I didn’t have a choice because I didn’t want my children to go to foster care versus going with the family member because I had no choice, but to place my kids somewhere else which to my understanding was temporarily they said six months I never would assign it if it was for longer and the thing is I already have lost custody of my oldest son to my mother because of all this crap and I can’t I can’t keep being made to look stupid I’m not able to defend myself or advocate for myself, and the fact that she is lying and in those reports, how can she do that because I have witnesses to all these things I have timestamp messages and everything to prove my statements of her reports some of them were for word our lies
I understand your situation, Tamara. In Virginia:
- You can challenge CPS reports in court
- Having legal representation can help present your evidence effectively
- You can lodge complaints against CPS workers
- Lying in reports is a serious accusation and legal counsel can help address this.
It's important to obtain legal help as soon as possible.
- You can challenge CPS reports in court
- Having legal representation can help present your evidence effectively
- You can lodge complaints against CPS workers
- Lying in reports is a serious accusation and legal counsel can help address this.
It's important to obtain legal help as soon as possible.