You’ve already lost the first battle, which is not to become a target. Now that they have you in the crosshairs, all they’re trying to do is find the appropriate time to pull the trigger and destroy you. MOVE THE HELL AWAY FROM THEM NOW.

A lawyer can help, only because he can stall them, but it’s probably better to get the hell out of there right now. CPS can’t put you on an “outstanding warrant” if you just disappear of the face of the earth.

CPS is the most evil, vile, despicable, tyrannical organization on the face of the earth. Their entire mission is to destroy families. Just as a culture of militarization eventually causes police to view all citizens as lawbreakers, CPS views all families as “dysfunctional.” They are going to destroy you, mark my words.

Get out of there now.

Well, shoo them off the porch to start. If they use unlawful tactics to escalate things further, one may have to ask oneself whether it would be better for one’s children to be those of a martyr or coward.

Counter to all the (well meaning, no doubt) “get a lawyer” advice being shelled out here, I’d advise the woman in question to pack her kit and kin and move someplace else. Families falling under the horrible eye of the CPS are in grave danger (especially lower class can’t afford a lawyer families), better to move someplace else, if only to protect the children from the ham handed mercies of the proto fascist nanny state under which we currently live.

Is the woman receiving public benefits? In MI, there was a big legal struggle for a few years with the ACLU on whether people receiving public benefits could be automatically tested for drugs, with a failure resulting in the loss of those benefits. The ACLU eventually forced a settlement, but we got some pretty sympathetic judges in the federal district court here, and our DHS was likely to lose.

My point being, depending on the law in TN, and if the woman is on public benefits, CPS, which is usually a part of the DHS, could very well force a drug test.

Secondly, while Legal Aid or Legal Services could indeed provide assistance, she needs to be aware that, thanks to the wonderful drug warriors in Congress, any agency that receives money from the LSC (the overarching funding mechanism for Legal Services), cannot represent anybody on drug charges or where drugs are the main issue. Meaning, Legal Services could represent up until charges were filed on the drug issue; if the drug charges become the basis for the CPS complaint, then Legal Services would have to drop the case. I’m not sure if Legal Aid has the same restrictions, but, at least in MI, I think most underprivileged legal service programs get at least a bit of money from LSC. She would have to check with whatever agency she gets in contact with.

To find a Legal Services lawyer in TN, check out Tenessee Legal Aid

That is the only thing they can do to you, (steal your children), without first going before a judge. While it is a real threat, a custody hearing is generally set for shortly after this kidnapping. To snatch your kids, they must find an immediate threat to your children, (congratulations are in order, you survived your first encounter with CPS and are still deemed worthy enough to be the custodial parents of the state’s children). Since they need evidence* to take your kids, don’t give them ANY! (*unless the CPS workers they sent to you are BATFU wannabes, in which case they will just lie and steal anyways). And yes, for the good of the nation those type should actually be met with overwhelming violence, too bad Kathryn Johnston didn’t have that and killed all her attackers.

So, clean your house, play nicey-nicey, set the appointment and then say your kids needed you, (single mom, primary care provider, etc.) and to be a good parent you had to reschedule. Wash, rinse, repeat, etc.

CPS definitely can NOT force you to take the test. What they do is they come into homes where they have concerns for whatever reason and they ask to speak to the family. (It is a nice principle to never let them in but most states now have laws that CPS can talk to doctors and teachers and stuff and if something is wrong they may still find it out. Of course if you’re home is a mess or if your teacher/doctor folks won’t say anything bad, then tell them to screw for sure.) They talk to the family about the concerns and ask the family to do certain things lke therapy or drug counselling or a drug screen.

As I stated, they can not force you to do these thngs but the looming threat is that they will go to court and get an order that takes custody of your child if you don’t.

In the state where I practice, when this happens, the parent is entitled to a hearing where CPS has to prove they are unfit. If all they have is the photo and a refused drug screen, they may not be able to prove it. However the court may infer that the screen would have come back positive for drugs had it been taken. (Although in my state the law says merely using drugs does not make you unfit until it is actually affecting the quality of your parenting.)

Also in my state, poor people in this position are provided with an attorney at no charge, simlar to criminal cases. It is my understanding this is the common practice for most states.

Bottom line: I always tell my clients that a positive screen is MUCH worse than a pathetic excuse to not do a screen, or an outright refusal. However, be aware that a refusal is essentially a calling of the CPS bluff to remove your kids. Perhaps an interesting strategy would be to agree to do the screen in the interest of cooperating with CPS and keeping kids at home, but finding excuses to miss the appointment until she is likely to pass.

I had a milky-white TSgt working for me with three children with vitiligo. Every year, the Child Development Center (which also worked for me) was required to contact CPS to investigate even thought the previous nth years’ investigations had turned up “vitiligo”. Every year I had to initial the reports and console the weeping TSgt. (OK, it was only two years, but her nightmare is unending.)

I’ve come to know this as step 3.6.0 on the way to becoming an unapologetic anarchist.

Having 2 kids, this very thought has crossed my mind.

I’m about as whitebread middle class as you can get so the probability is low, but this still chills me to think CPS could come in and steal my kids because of a simple accusation and no evidence.

The best thing to do is to never open the door for CPS or any other agency, ever. It was on Desperate Housewives last week, once you open the door, you’ve opened up your life, or something like that.

Having lived in that region for awhile as well (and remembering how screwed up the police there were), I’d second Jrob’s suggestion…contact a lawyer immediately. We can debate the position to death, but none of that’s probably going to help your situation.

Springfield (no “v”)

Radley, yah GOTTA set up a preview pane for us.

GET A LAWYER NOW !!!

Having lived in Springvfield for several years way back in the day, I can tell you CPS employees are obsessive/compulsive about ruining your life.

Remember, just becauase you’re paranoid doesn’t mean they’re not really out to get you.