In the state of NC can DSS take my children for failing a ua drug test for cannabis

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My neighbor called DSS on us and told a lot of lies. But with that said they're doing a ua and if I fail for THC will they take my children?

Attorney Answer

1
Bonnor Hudson ·
If DSS believes that the children are in immediate danger, then DSS can take the children from you. Since they have not done that yet, DSS apparently does not believe that there is any immediate danger. Once the test results are back, DSS may ask you to agree to a case plan, which will probably require that you obtain a substance abuse assessment and counseling if the test is positive. If the only thing that DSS finds wrong is a positive test for cannabis, it is unlikely that they will take the kids immediately. However, if you agree to a case plan and then do not complete it, they may then file a petition to have the children declared abused, neglected, and/or dependent. If the children are found to be abused, neglected, and/or dependent, the court can take them away from you. The best way to avoid that from happening is to cooperate with all reasonable requests from DSS. If you feel that this situation is getting out of control, then you should consult with a local attorney that handles DSS cases.
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