Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘I have my siblings ages 14, 15 and 16 living with me temporarily. Last week I was visited by someone from OCS because of allegations that my 15 year old brother was smoking weed with me, which is definitely not true. He was smoking with his friends and I was also, on my own time. My mother is being investigated because she is a drug user. She was asked to submit a urine test because her living situation is obviously worse than mine, but I haven’t been asked “yet” to do a test. I was told that the children were well kept and healthy so I’m guessing they will be focusing on my mom. If I was asked to submit a screening, can I refuse?’
Question: Actually, what you should do is stop smoking pot, at least while you have your siblings living with you. Even if you can refuse the test (and that really depends on the state in which you reside) once OCS (called CPS in some states) is involved, they have an enormous amount of power. So look at it this way: which is more important to you? Smoking, or being able to give your siblings a stable home, without fear of them being yanked into foster care?
