Can I sue CPS for harassment or pit an officer in jail for violating my rights?

Question:

Can I sue CPS for harassment or pit an officer in jail for violating my rights?

CPS came here and everything went well. Me and my girlfriend bought Adderall and I buy them from her cousin. She was investigating so we refused a drug test two weeks ago.

Answer:

First of all, if I am understanding correctly that you are buying Adderall from a relative and are being investigated for doing so, the first thing that I will tell you is to stop posting about it on the internet. Next I would tell you to stop admitting it to anyone as Adderall is a controlled substance. It is a felony for you to possess it or obtain it from anyone other than a doctor or licensed pharmacist.

If you are being investigated by CPS related to you using Adderall without a prescription, and you have refused to voluntarily take a drug test when requested to do so by CPS, then the next thing that will likely happen, if it hasn’t happened already, CPS will likely remove all minor children from your home. They do not need a court order to do so.

CPS can not force you to take a drug test, but they can seize your children and will if they believe that you are using any controlled substance illegally. The burden would then be on you to meet whatever requirements the courts and CPS put on you to get them back. This would likely be a long and tedious process.

You should see a juvenile law attorney and possibly a criminal attorney right away.

And do not admit to criminal behavior verbally or by posting on the internet

Good luck!

Patrick Sampair
The Sampair Group, PLLC
623.218.1000
480.636.1333

Read more of Patrick Sampair’s answers on AVVO regarding Phoenix child custody, or if you have a question for Mr. Sampair ask him directly through The Sampair Group’s Family Law Facebook page.