If CPS is investigating you in Riverside County, one of the first things they may ask you to do is take a drug test. This request often comes as a surprise and can feel intimidating, especially if you’ve never had any issues with substance abuse. Before agreeing to anything, it’s important to understand how drug testing works in CPS cases and what your rights are.
Why CPS Asks for Drug Tests
CPS social workers may request a drug test if they receive a report suggesting that drug use is putting a child at risk. This report could come from a school, hospital, neighbor, or anonymous source. The social worker might ask for a test even without strong evidence, just to rule out concerns.
It’s important to know that CPS does not need a court order to ask for a voluntary drug test. But you are not required to take one unless a judge orders it.
Should You Say Yes to a Drug Test?
Many parents say yes out of fear or because they think refusing will make them look guilty. In reality, agreeing to a test without legal advice can be risky. A false positive or a one-time mistake could lead to your child being removed or a formal court case being filed.
Before agreeing to any drug testing, contact a CPS defense lawyer. Your attorney can advise you on whether you should comply and what the consequences could be.
What Happens if You Refuse?
Refusing a drug test may raise red flags, but it does not automatically mean you’re guilty or that CPS can remove your child. The social worker may note your refusal in their report and seek a court order. However, the court will consider the full context of the case—not just whether you took the test.
Refusal is sometimes the right choice, especially if the request seems invasive, unnecessary, or not supported by evidence. Your attorney can help you make that call.
Types of Drug Tests Used by CPS
CPS commonly uses urine tests, hair follicle tests, and sometimes oral swabs. Each has different detection windows. For example, hair follicle tests can show use from months ago, which may not reflect your current behavior or ability to parent safely.
If you are taking any medications, let your lawyer know. Some prescription drugs can trigger positive results if not explained ahead of time.
If You Test Positive
If you do test positive, that doesn’t always mean your child will be removed. The court will look at the entire situation, including the child’s living conditions, your history, and whether the child was harmed or neglected.
You may be asked to attend counseling, complete substance abuse treatment, or submit to regular testing as part of a reunification plan. The goal is often to support families—not punish them—but you will need legal help to make sure your rights are not violated.
Final Thoughts
Drug testing in CPS cases can feel like a trap, but you have rights. Do not agree to a test without understanding what’s at stake.
If you’ve been asked to take a drug test by a social worker in Riverside County, visit RiversideCPSLawyer.com. Our attorneys can help you make informed decisions and protect your family every step of the way.