I Have Temporary Custody of My Siblings. Can I Refuse a Drug Test?

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‘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?’

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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?

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Author: House Attorney

A house attorney has answered this question.