The link between substance abuse and child abuse is well-established. The link continues as children grow. Meaning: Kids who grow up in an environment rife with substance abuse often develop similar issues when they become adults.
Because of the dual nature of substance abuse issues, CPS investigators are very aggressive in this area. It’s important to know how they test for drug and alcohol consumption.
These investigators are quick to act and easily impressed. Caregivers who use a home breathalyzer to manage (and track) their substance abuse issues often avoid serious problems with CPS.
In fact, if investigators are convinced that caregivers acknowledge their substance abuse issues and are taking steps to control them, they often drop investigations.
Can CPS take your child for drinking?
Yes, if alcohol consumption or the effects of alcohol use disorder places a child in jeopardy.
Different states define this concept in different ways. “In jeopardy” has several different dimensions, such as:
- Cognitive protective capacities: A caregiver must have an adequate understanding of a child’s needs, as well as the capacity to meet those needs and a plan to connect the two. Behavioral protective capacity is a similar concept. Excessive alcohol use often clouds judgment. It makes it difficult, or impossible, to think step-by-step in this way.
- Born exposed: In the Lone Star State, for example, a child is born exposed if “The child is born alive to a mother who, during the pregnancy, used alcohol or a controlled substance not legally obtained by prescription.” Also if “After birth, the child experiences or exhibits any of the following as a result of the mother’s use of a controlled substance or alcohol during pregnancy.” Born exposed children are in a higher risk category.
- Blatant disregard: This is the big one which could apply in a classic passed-out drunk situation. More likely in the event of a child passenger DUI collision. If a child suffers “real and significant harm,” CPS may initiate removal proceedings, and usually emergency removal proceedings. This harm must have been “obvious to a reasonable person in the same situation.” Any reasonable person “would have known to take precautionary measures to protect the child from the impending harm.”
Bear in mind that in each of these situations, the child must suffer actual harm. Theoretical harm doesn’t cut it. However, that actual harm could be very slight.
When does CPS drug test you?
Most CPS substance abuse investigations begin with a report that details alleged harm to a minor because of substance abuse. This report usually comes from a doctor, teacher, neighbor, or even another family member.
Note that abuse can include neglect. Caregivers who spend excessive money on alcohol or other substances may have insufficient funds to properly care for children.
A formal investigation is basically a verification of these allegations. In most states, CPS investigators pick and choose which allegations they wish to investigate. The reporting person’s credibility is the primary factor.
If investigators follow up on the allegations, they usually look for corroborating physical evidence during a home visit. For example, empty beer cans or open pill bottles. Note that the Fourth Amendment – protecting people from unreasonable searches and seizures – probably doesn’t apply in these cases.
So, investigators can snoop around as much as they please. If the caregiver objects, they look like they have something to hide.
How long does it take CPS to get a court order for a drug test?
If CPS believes actual harm has occurred, as outlined above, a judge normally temporarily removes children. The judge then places the primary caregivers on a rehabilitation plan.
If the primary caregivers jump through all the hoops, the judge terminates the temporary removal. But the caregivers have a permanent target on their backs.
And if caregivers do not satisfactorily complete a rehabilitation plan, CPS can take adverse action, usually removing the child from the home.
Caregivers who pull it together are in a good position to undo that adverse action. Every day that goes by is another day that a child, especially a very young child, bonds with a foster family.
Does CPS test for alcohol?
Yes, as discussed above. However, the alcohol tests that CPS uses are often – in my opinion – flawed versions of a 1930s-era Drunkometer. Therefore they are unreliable in court.
From what I’ve seen, improper calibration is another big issue. A reliable home breathalyzer often has fewer moving parts. So it’s easier to maintain and have calibrated on a regular basis. But government agencies, including CPS, often do not properly or consistently calibrate their breathalyzers. Neglecting this step creates problems, and many agencies are in denial about these problems.
There’s also one notable flaw in CPS’ breathalyzer processes: improper waiting time.
Since a CPS investigation is not a criminal matter, standard pre-test observation period rules usually don’t apply. Caregivers walk into a facility and almost immediately blow into breathalyzers. Rather than waiting at least 20 minutes, which can lead to a skewed reading that is much higher than their actual BAC.
The bottom line
CPS cannot take your child simply because you drink alcohol, but they can take action if your drinking harms a child in any way. Understanding CPS’s authority and limitations is critical. Caregivers who use a home breathalyzer or proactively reduce alcohol consumption make a much better impression on CPS and the courts.
CPS drug tests can be unpredictable, unreliable, and sometimes unfair. But caregivers who stay ahead of the game by using personal Breathalyzers, seeking evaluations proactively, and taking parenting classes seriously can turn the tide in their favor.
Remote monitoring solutions like BACtrack View can also provide real-time accountability, giving caregivers an added layer of protection and proof of sobriety. If CPS gets involved, knowledge, preparation, and proactive measures can make all the difference.
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