Parental concerns about substance use often lead to questions like “will cps take my child for smoking weed,” especially when Child Protective Services gets involved. In Texas, marijuana remains illegal for recreational purposes, but CPS doesn’t automatically remove kids just because a parent uses it. Their focus is on whether there’s abuse or neglect that endangers the child’s safety, not punishing the parent for personal choices.
Medical marijuana is allowed under strict rules, but recreational marijuana can raise red flags if it impairs your ability to care for your kids. As of August 13, 2025, laws have made it harder for CPS to remove children without clear evidence of harm. If you’re wondering “What does CPS do if you test positive for weed?” or “Can you lose custody for smoking around your child?”, let’s dive into this—keep in mind, this is general info; talk to a lawyer for your specific situation.
CPS Authority and Child Removal Laws in Texas
Child Protective Services has the authority to investigate reports of child abuse or neglect, and they can remove a child if there’s an immediate danger to their physical or mental health. Under Texas law, removal usually requires a court order, unless it’s a true emergency. Grounds for this include things like failure to provide medical care or exposing kids to illegal drugs in a way that risks their safety.
CPS must prove there’s actual abuse or neglect—drug use by itself isn’t enough. If a parent tests positive, the caseworker looks at whether it affects parenting. They prioritize the child’s well-being, offering support before jumping to removal. This approach respects parental rights while keeping kids safe.
Marijuana Laws and Parental Rights in Texas
Marijuana is classified as a controlled substance for recreational purposes in Texas, so using it can lead to charges that might impact custody rights if tied to child endangerment. However, medical marijuana is permitted under the Compassionate Use Program for low-THC products, giving some protections if you’re compliant.
A positive drug test might trigger a CPS investigation, but it’s not automatic grounds for action. Parents need to be mindful of risks like leaving drug paraphernalia accessible or smoke exposure that could be seen as neglect. Substance abuse treatment might be suggested to retain custody. Marijuana laws intersect with family code, always putting the child’s basic needs first.
Factors Influencing CPS Removal Decisions
CPS considers several factors before deciding on removal. They look at whether marijuana use causes impairment while caring for the child, leading to unsafe conditions. Evidence of child endangerment, such as driving high or leaving drugs within reach, weighs heavily.
A positive drug test alone isn’t grounds—the caseworker determines if it truly affects care. Drug screens or home visits help assess for criminal activity or mental health issues. If a baby tests positive for weed at birth, CPS might intervene for safety reasons. They often offer community resources before removal, and abuse or neglect must be substantiated.
What Does CPS Do If You Test Positive for Weed?
If you test positive for weed, CPS typically conducts an investigation to check for any neglect or danger to the child. They might require further drug testing or treatment programs, but removal isn’t automatic unless there’s clear harm.
In child custody disputes, a positive result could influence decisions if it shows impairment. The case worker evaluates the home environment and your parenting abilities. A court order is needed for forced tests, and the focus remains on rehabilitation rather than punishment.
Can You Lose Custody for Smoking Around Your Child?
Yes, it’s possible to lose custody for smoking around your child if the marijuana smoke causes health issues or leads to neglect, which could be viewed as child abuse. CPS looks for harm like respiratory problems or other risks.
How is marijuana use allowed in child custody in Texas? Medical use is tolerated as long as it doesn’t endanger the child. Recreational use might tip the scales against you in court. To protect yourself, use discreetly or consider quitting altogether. Remain aware of potential risks to avoid issues.
What Are the Grounds for CPS to Remove a Child in Texas?
Grounds for CPS to remove a child include abuse or neglect, such as not providing medical care or exposing them to illegal drugs in a harmful way. If a parent is involved in criminal activity or substance abuse that impairs care, removal is possible.
The caseworker believes danger exists based on evidence. If approved by the court, the child might go to a foster home temporarily. Parents can contest this with a lawyer. The focus is always on the child’s well-being.
What Happens If a Baby Tests Positive for Weed?
If a baby tests positive for weed at birth, CPS opens an investigation for potential neglect, and they might remove the child if there’s danger. The mother’s positive test leads to a safety plan or monitoring.
Tested positive newborns may need medical care for any withdrawal symptoms. Parents are offered community resources or treatment. A court order is required for removal if the risk is high. Involve a lawyer early to protect your rights.
Can CPS Drug Test Your Child?
Yes, CPS can drug test your child with a court order if they suspect abuse or neglect from parental drug use. Drug tests help assess the safety of the environment.
Parents can consent or contest the request. If child endangerment is suspected, the tests proceed. Drug test results guide CPS decisions. It’s best to involve a lawyer right away.
Impact of Recent Legislative Changes
Recent changes, like HB 567 from 2023, make it harder for CPS to remove children, requiring clear evidence of danger before separating families. CPS must explore alternatives like safety plans first.
This protects parental rights in marijuana cases without proven harm. There are fewer removals for non-endangering use now. Caseworkers prioritize support over intervention. The shift reduces foster care placements and keeps families intact.
Protecting Parental Custody Rights
To protect your parental custody rights, hire a lawyer experienced in CPS cases for representation. Comply with CPS requirements like drug testing or classes to show your commitment.
Gather evidence disproving neglect, such as photos of a clean home. In court, challenge the allegations with witnesses. Use community resources for any substance abuse issues if needed. This helps preserve family unity.
Taking the Next Step
If you’re concerned about CPS taking your child for smoking weed or facing CPS over marijuana, you don’t have to handle it solo. Our Texas Federal Drug Attorney at Saputo Toufexis are ready to help protect your rights and family.
Contact us today for a free consultation. We’ll guide you through the process.
Saputo Toufexis Criminal Defense PLLC defends in child welfare cases. Let us assist. Visit https://saputo.law or call 888-239-9305.
