What are my rights with CPS?

I have a son that got in trouble with the law for distribution of marijuana on school grounds he has failed to comply with his probation. He is 15 and he has a twin brother they have not been going to school even with all of my efforts I could not get them to go. The school has called CPS and they have opened a case of educational neglect against me. In their efforts to build a case against me they found a police report about a house I was at and the cops were called. I admitted without being read any rights that I had smoked some marijuana with a friend. They are now requesting that I give them a hair sample and urine sample.

Asked on November 29, 2011 under Criminal Law, Utah


Jonathan Baner / Baner and Baner Law Firm

Answered 9 years ago | Contributor

CPS has generally all of the power that you give them.  I would be quite hesistant to provide drug samples when you know the result is bad.  CPS has one power in great - do what they say, or else. The or else may include attempts to remove your children from you.  However, cooperation may also lead them to attempt to remove your children from you.  You really need to speak to a criminal law attorney or a family law attorney (either will likely suffice).  If you can't afford an attorney then see if the local assigned counsel to see if you can get some preliminary advice.  And, OBVIOUSLY, if you want to hire a terrific tacoma attorney you can contact me.  Generally speaking, however, you do need some advice that requires consultation to ascertain what liabilities you are setting yourself up for.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.