Basically, the police and a social worker from child protective services showed up at about 9:30 p.m. They had received a ';referral'; from ';someone'; that my 8 year old nephew is not attending school. There was also mention that ';people'; or ';someone'; is smoking marijuana and drinking alcohol in the backyard and downstairs room. No one in the home drinks any type of alcohol. I believe there may be some indulgence in marijuana though I know never outside and only on rare occasion by my sister. My sister and her son currently reside in our mothers home as mom is getting on in age and doesn't get around as well as she used to. The home is neither a ';party place'; nor ';flop house';. Visitors to the home are limited to family which includes myself (50), my son (23), my sisters two older children (23 %26amp; 21), their significant others (25 %26amp; 21) %26amp; 2 of my sisters friends (approx 32 %26amp; 35). When they arrived they showed no warrant but my sister allowed them into the home. They questioned her then had her wake her son and then leave the room while they questioned him. My sisters son has untreated ADHD and is home schooled by her. The officers left and shortly afterward so did the CPS worker. My sister was told by her that she and her son were adorable and when she stated to the worker that she is not trying to hurt her son she is trying to help him the worker smiled and said that she understood. However my sister was left with instructions to contact another social worker. This was about 3 wks ago. They have played phone tag since and last week the social worker left a message that she received another referral %26amp; she wants to schedule an appointment to come to the home and speak with her and her son. My sister is afraid if they test her urine they will find her positive for the marijuana and may remove her son from her custody. Can they do this? Why wasn't the initial visit by the CPS worker sufficient to close this case? Apparently they were not concerned as the boy was not taken into custody? What should/can she do? If they return to the home and she just doesn't answer the door will they force entry into the home if they have a warrant? Would they be able to obtain a warrant for this? Will her avoidance cause them to obtain a warrant and again would they be able to for this? How quickly can theFamily law. Fast, free, reliable, online advice. Where can I get it?
First of all, Social Workers do not have the authority or means to test a persons urine.
They will not force entry into the home but your Sister should cooperate with CPS and it will make things easier on her.
Yes, they CAN go through Family Court and obtain a warrant within hours.
Cases remain open for 90 days or until CPS complete their investigation and make a determination on the information received.
Perhaps since your nephew is not enrolled in the school system, they are concerned and making reports.
You Sister need to have documentation of her home schooling her Son and should also be taking him for ADHD treatment by a Doctor or a medical provider.
That would be their concerns.
And if she is smoking pot, she should stop.
She should also make a concerted effort to contact the worker(s) ASAP.
They will remove a child from the home only if the child is in imminent danger. Apparently, there were no signs of that.
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