Skip to Content
Schedule a Consultation 713-766-5355

Do I have to take a drug test if CPS asks me to take one?

It is common for Child Protective Services, or CPS to request the parents who are under investigation or in a pending lawsuit to take a drug test. They can obtain drug tests from a parent in two ways, one by the parent consenting or two by a court order. So on one hand, on the consenting, this takes place mainly in the investigative stage where they will ask the parent to voluntarily participate in a random drug test. They can ask for the parent to participate in an oral swab of the mouth which collects the saliva to test to determine if that parent is under the influence of drugs. Or they can ask the parent to go to an actual facility where they will collect either urine or hair to test the sample as well to determine if that parent is under the influence of drugs. If there isn't a court order, then you do not have to participate in that drug test. There are ways that CPS can file a lawsuit to request that the court order that the parent actually participated in a drug test, and if it gets to that point and it's a court order, then that parent will have to abide by the order to take the drug test because you don't want to be in violation of the court.