CPS ordered supervision for smoking

Discussion in 'Legal Issues' started by smoker123, Feb 21, 2011.

  1. smoker123

    smoker123 New Member

    Hi. Any help would be appreciated. Three days ago, Child Protective Services came to my home because my ex filed a report against me. I was drug tested and I told the officer that I smoke every once in awhile. She ordered that I be supervised with my child 24 hours a day. She also stated that she did not believe there was any abuse going on.

    I do not know what to do. I have ceased smoking and I have to wait another 27 days for the investigation to be completed. I do not do any drugs other than weed. I don't even drink! Now they are threatening to take my child away if I do not test negative. FOR WEED!

    Can anyone help me? Any advice or suggestions would be greatly appreciated.
  2. 5drive

    5drive Slacker

    From reading your post it sounds like you have primary custody. Are you the Mom? If so, that's probably in your favor. A 'history of drug abuse' could qualify a mother as unfit, but whether a positive test for mj would put you in that category is unknown (to me anyway). This type of situation varies according to the state and even the judge you get in some cases. Bottom line -you need to get some legal advice, and an attorney that specializes in this type of law is what you want.
    2 people like this.
  3. GunCow

    GunCow Sr. Member

    5drive is right. Nobody here is qualified to give you the local help that you need.

    I highly recommend that you call your local Bar Association. They are organizations that license lawyers. Call them up, and ask for a free consultation or if theirs someone you can talk to. Explain your situation, and see if they can help.

    I read in a criminal law book in high school a year or two ago that recommends doing this. (calling the bar association and asking for help.)
    2 people like this.
  4. smoker123

    smoker123 New Member


    Thanks 5Drive and GunCow. I appreciate your replies.

    Yes. I'm the mother and yes I am the primary. I am still being investigated and I have not lost yet. I just need to stay clean.

    I had not committed a crime (other than being a smoker) nor had my child been hurt or injured. It makes me sick that an agent can just ring your doorbell and order you to take a drug test. Is it necessary to have to submit to random drug tests just for being a parent?

    Thanks again.
  5. OneHitWhip

    OneHitWhip New Member

    You should never tell the police the truth about smoking. The fact that your ex accused you means fucking nothing. We not do live in the age of McCarthyism. But since you did tell the truth quit smoking pot. It is your best bet.

    I am curious to know, what was the order of the events? Did the officer ask you about smoking and you admitted it and then you got asked to take the test or was it the other way around?

    If someone asked me to take a drug test I would tell them to F.O. Are you on probation? Something about your post just does not add up.....
    2 people like this.
  6. smoker123

    smoker123 New Member

    Nope. No probation. No parole. No nothing. I was tested before I admitted anything. And you are right. It does not add up. I cannot believe that someone can knock on my door and just whip out a drug test which is why I posted here to see if anyone else had been in the same situation. Everyone is telling me to get a lawyer but every lawyer wants a sack of cash which I don't have. Legal aid won't even answer their phones. So I'm waiting. The investigator was supposed to come back to follow up and even she won't answer her phone. My ex is a hard-core smoker and dealer and grower so I'm just waiting for the s*** to hit the fan. He does not pay child support. I've had to make do with the little bit that I had and my child and I were just about to crawl out of this hole that we've been in when I was slapped with this nonsense. I believe in the healing benefits of the great herb and it makes me sick that it has been "criminalized" to the point of child-snatching. So yeah, you're right. It doesn't add up.
  7. 5drive

    5drive Slacker

    Then he was stupid to report you. He could end up in prison if the authorities come knocking on his door.

    Another reason he was stupid to try and get you into trouble.
  8. smoker123

    smoker123 New Member

    I don't think he realized that they would drug test me.
    I really appreciate your support 5drive. Thanks.
  9. GunCow

    GunCow Sr. Member

    You called the Bar and they didn't pick up their phones?

  10. vaporook

    vaporook New Member

    I'm not clear as to why you even agreed to be tested. Someone just shows up on your doorstep demanding you take a drug test based on someone's allegation? Are you kidding me? I would've refused and let them take me to court if they want to take my kid. At least that would've given you some time to try to clean your system.
  11. damn thats some bullshit.
    fukk that shyt i wudnt have pissed
    u shudve been like ill go ta court first mother truccers lol
    but shit i say u juss stay clean til they decide to harrass someone else
    thats the stupidest shit ever though how
    they gonna threaten to take your CHILD AWAY
    wen u never did anything before they would never do shit like that in minnesota
    i would understand if u was like goin out and sellin to minors and getting in trouble but
    i dont see the point in doing tht when u prolly juss smoke at ur house
    they should be more concerned wit meth dealers and ish mayne fukk tha law
  12. ohiogary

    ohiogary New Member

    Now that is unbelievable .....Ive never heard of anything like this...for something that can stay in your system for 30 days, things need to change ....if they only did away with test for thc I would be happy, seems unconstitutional...things have gotten out of hand....makes you think are we gaining ground. But its find to have a drunken spouse come home to there children, About a month ago they found a mom that was pasted out drunk while her 2 yo was wondering around a dual lane highway. Barefoot and the temperatures in the 20s
  13. smoker123

    smoker123 New Member

    Thanks again for all of your replies.

    When I was asked if I would submit to a drug test, I said yes because I mistakenly thought I'd have a few days. I had no idea she'd just pull out a swab test and test me on the spot. I was already pissed and distraught because someone from CPS was in my home. As for the lawyer situation, it's legal aid that won't answer. Are there any attorneys listed on this site? There is no court order. It's just one lady who told me that I need to be supervised. I have no idea what to do at this point. I am terrified that if I don't follow these orders, they WILL do something. I've done a lot of research and read that marijuana users are generally not considered for investigations plus I know of a few people who were busted for possession and never required supervision.

    It was the great herb that saved this country from ruin during the pioneering times. Tobacco was sold and traded for much needed supplies. SOMETHING needs to be done! We smokers are being cajoled and harassed because most of us (me included) would rather spend time in our own haze-filled peacefulness.

    Again, I really, really appreciate your replies. All of you are amazingly beautiful people for trying to give me hope.
  14. OneHitWhip

    OneHitWhip New Member

    I hope you have learned that you should never consent to any sort of search, ever never ever. This goes for if you get pulled over by the police or any authority coming to your house. Once you give your consent they can do pretty much anything including pulling a test out of their pocket.

    In the meantime I hope you have (temporarily) stopped smoking. Sadly, when you get involved in the system it is hard to get out of it and from experience (I was on probation once) it is best to fall into line with what the man wants and then when you have fooled them enough they will let you go. Then you can go back to blazing. IMO the more you fall into line and submit to the man the sooner the man will let you out of the snare.

    I feel sorrow and compassion for your situation. It won't last forever. I hope this helps and good luck.
    2 people like this.
  15. smoker123

    smoker123 New Member

    Thanks and yes...I stopped any sort of activity that would be deemed as irresponsible. That includes the thin sliver of a social life that I used to have.

    I'm about to end week number two of this with still no word from the investigator. She has a month to "investigate" although it has merely been contacting my neighbors, friends and family to ask questions about whether I abuse drugs and alcohol. I was told this would be "confidential." Yeah, right.

    I have not been able to contact any attorneys. I called the bar association only to get an answering machine. I have no idea what my rights are. I have read in more than one online article that any non-consent to a search or test is automatically deemed as guilty in cases involving the child protection service. However, I would feel better if I could just speak to an attorney who has dealt with these matters.

    Thanks again OneHit. I have two more weeks of hell.
  16. Le0n

    Le0n New Member

    CPS are regemental abusers of privacy. Then again they do have their place of use.
  17. socheapand juicy

    socheapand juicy New Member


    I'm going through the same thing, an investigator showed up because smoking pot and taking care of your children is called "neglectful supervision". I wish it was just that easy to just say no to a drug test, but when you refuse they leave to get a court order to take your children. The only advice I have to give is to do what they mandate you to, and finish all they ask to get them out of your life. A few months of counseling, and parenting classes, are way better than losing your kiddos. Our Investigator was a straight up a-hole but I guess when working in that field they start dehumanizing the people they deal with. i just don't agree with how they make you feel like a criminal. But don't worry they don't take your children unless you say you wont comply or test positive.And from what I have read those oral swabs detect like 72 hours or less. So I think you're good if you haven't been smoking but don't take that chance, because sometimes the oral swab can come back inconclusive and they can order a piss test. so good luck.
    love and light<3
  18. smoker123

    smoker123 New Member

    I'm currently jumping through their hoops. I have six more days on their 24 hour supervised safety plan, parenting classes, counseling sessions and mandated N/A meetings. I've been clean since I posted and am doing everything I can to maintain a positive attitude.

    Good luck SoCheap and I wish your family many blessings!

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