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CPS Investigations and Drug Use

Substance abuse is one of the usual cracks in the pavement that can be hard to cover up, especially once it affects people beyond those of the abusers.

For example, a rebelling teenager who abuses drugs and alcohol could have his or her parents worried sick over his or her lack of control with addiction and therefore affect them in numerous ways that may be unnoticeable. However, it is so much worse the other way around, especially if it involves underaged children.

Since most parents who fall prey over substance abuse tend to do so by neglect of responsibilities, the chances of also neglecting their children during this time will be high. This neglect, in turn, could be considered as child abuse and would thereby allow the authorities to take actions against you. 

It is written in most state laws that should any expecting or experienced parent be caught doing substance abuse must be reported to the authorities immediately.

Usually, child protective services are alarmed for this cases to ensure that the children of substance abusers are in much safer hands than they were before. Assessments automatically follow after the authorities have been notified. 

There are only two overarching harms parents could do to their children while under substance abuse.

One is exposing the unborn child to the addiction, which means that the mother has taken illegal drugs or uncontrollable amounts of alcohol during the pregnancy.

The second is unintentionally or intentionally exposing them to any illegal drug activity inside the home and surrounding environment while they are growing up.

Written below is a list of the frequent reasons and possible circumstances that parents could be charged by the child protective services for:

  • Creating illegal substances in the midst or presence of a child
  • Allowing a child to be in a place where the illegal substances are stored
  • Selling or giving drugs or alcohol to a child
  • Using substances that may promote neglect towards a child
  • Exposing a child to the criminal act of selling drugs

Although the list above is a rather short one, there are countless other possibilities and situations that may be considered as a criminal act involving the children, and the parents’ lack of control over their addiction.

So if you are someone who plans on having a family but also have an experience with substance addiction, then you might want to pick one or the other, because you certainly cannot have both, at least not in this lifetime. 

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at timothy.hutton@austintexaslegal.com

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