CPS opened a neglect case after prescribed Xanax at birth. No money for an attorney. Need advice from people who’ve actually been through this.
For context I live in Texas.
I’m posting here because I genuinely have zero resources right now to hire an attorney, and yes…I’m fully aware that the ideal answer is probably “talk to a lawyer.” If I had the money or ability to do that right now, I would. At this point I just need honest advice from people who have actually been through CPS.
My girlfriend recently gave birth to our daughter by emergency C-section. The morning of delivery, she was under extreme stress and took a very small amount of her legally prescribed Xanax. She does have a valid prescription.
At the hospital, she tested positive for benzodiazepines, but our baby tested completely negative—no benzos in her system, no withdrawal symptoms, no medical concerns.
Despite that, CPS opened a case against us for neglect.
There are no other allegations, as in no abuse, no unsafe living conditions, no signs of impairment around the baby, no history of neglect, nothing.
Now CPS wants both of us to take drug tests.
My girlfriend isn’t worried because she has documentation for her prescription and isn’t actively using anything outside of that.
My concern is me. I’m prescribed Adderall, which I can document, but I’m worried because I may test positive for marijuana from occasional recent use. I have never been impaired around my child or put my daughter in danger, but I know how that could look.
I’m not asking how to cheat a drug test or hide anything. I’m trying to avoid making a mistake that could hurt my family.
For those who’ve actually been through CPS:
- Did you comply with drug testing immediately, or did you try to get advice first?
- How much did a THC result affect your case if there were no other safety concerns?
- Did CPS focus more on the drug test, or on whether the baby was healthy and the home was safe?
- What mistakes do you wish you had avoided early on?
I know a lawyer would be ideal. I just don’t have the money or resources for that right now, so I’m trying to learn from people who’ve actually lived through this.