Report of concern to child welfare services after smoking cannabis

Hasanyone reported a concern to child welfare services because you have smoked hashish?

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Has your neighbor caught you smoking hashish at a house party you had and sent a report of concern to the CPS? Read more about the case and our tips on how to deal with the CPS.

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First meeting with the child welfare service

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Parents will be invited to a meeting with the child welfare services following a report of concern about drug use. It follows from the Child Welfare Act that circumstances that may provide grounds for measures under the Child Welfare Act are sufficient to open an investigation. The use of narcotic substances, such as hashish, will result in an investigation.  

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Do you have a duty to explain in a meeting?

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As a parent, you have no obligation to explain yourself to the CPS. However, it is recommended that you attend the first meeting with the CPS. Bring a lawyer rather than not showing up.

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What happens when CPS finds out I've been using hashish?

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The child welfare service will normally ask you to provide a cannabis and urine sample. THC acid can be detected in urine from a few days to three months after you have stopped using cannabis. The purpose of the test is to find out your pattern of use.

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You are not obliged to accept such a request from the CPS. If you have smoked at a party, there is little basis for requesting a cannabis sample. As the measure is considered particularly invasive, the child welfare service must have a strong suspicion of substance abuse if urine samples are to be ordered. Challenge the child welfare service if they demand a cannabis sample. However, you must consider the totality of the concern the CPS has before deciding whether to say yes or no.

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How serious is it that the child welfare services have found out that you have used hashish?

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The severity depends on whether your cannabis use has affected your children. In our experience, if you have smoked once in a while, without your children being present, this rarely results in intervention by the child welfare authorities. If you use drugs extensively and are considered addicted, it will often be considered abuse. Such abuse may lead to intervention by child welfare services.

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Should I accept having smoked hashish?

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If you accept that you have used hashish, this will be recorded. This may be self-incriminating, as the CPS may choose to report this to the police. The CPS does not normally report individual incidents to the police. However, it is stupid to withhold and lie to the CPS about the use of cannabis if it is obvious that you have used it. It can then be used against you. Use a lawyer to create a strategy for what to communicate and how to communicate it.  

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Can the CPS demand an interview with the child without the parents being present?

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Even if the parents do not have a duty to explain, the CPS has the right to have a private interview with the child. Even if you are not entitled to this, you can ask for a person you trust to attend this private meeting, or you can ask for the conversation to be recorded on tape. 

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Do I have to lift the obligation of confidentiality?

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No! The child welfare service has a practice where they all too often ask for a waiver of confidentiality. As a parent, you may feel pressured to say yes. A waiver of confidentiality often means that many agencies, such as schools and health services, are informed that your child is involved in the child protection case. This can be very stressful. In cases where hashish is suspected as an individual incident, we do not see the purpose of lifting confidentiality. Therefore, it may be wise to challenge the CPS before signing such a statement. With a lawyer present, you will be able to assess the need for such a statement and challenge the CPS's wishes.

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Am I entitled to free legal aid?

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In investigation cases, you are generally not entitled to free legal aid. However, you can demand that the CPS covers your legal costs as a condition for meeting with the CPS. You run the risk that the CPS will set a large machinery in motion if you do not show up as agreed. Therefore, make sure to meet the CPS, regardless of whether you have a lawyer or not. Insa lawyers are available for a brief telephone conversation at no cost to you.