Adults like to do…adult things. Occasionally, these activities include the consumption of idrugs and alcohol. While adults often congregate with others in certain types of venues to participate in such activities, sometimes we do these types of activities at home. Unfortunately in this respect, home is where our child(ren) there’s a general consensus that illicit drugs and alcohol are a detriment to their health and development. This means Child Protective Services (CPS) might have a problem with at least some of your recreational activities or coping mechanisms for dealing with the ups and downs of life…but how exactly do they evaluate this in the context of your children and how can you avoid being seen as a detriment to your own child(ren)?
First and foremost, when we’re referring to drugs and alcohol, we’re referring to beverages that contain alcohol and drugs not prescribed by a doctor or purchased over the counter for health purposes as defined by the FDA in what would legally be classified as recreational (leisurely or other non-medicinal) purposes: these include legal and illegal drugs such as marijuana, cocaine, MDMA (ecstasy), fentanyl, tobacco, GHB (not including Xyrem, Xywav, Lumryz, and Sodium Oxybate medications prescribed by a licensed medical professional for a legitimate purpose) and more.
CPS’ concern when it comes to drug use has nothing to do with the legality of your activities and everything to do with potential exposure to child(ren). An adult of legal age, for example, is permitted to consume alcohol, tobacco or (in most cases) marijuana for recreational purposes at his or her discretion. Surprisingly, CPS doesn’t really care about your use of Schedule I controlled substances (illicit drugs), either. When it comes to CPS, it all comes down to whether a minor could be exposed or it could adversely affect an adult’s capacity to supervise a minor child they are responsible for. In our experience, most parents don’t keep in mind what constitutes potential exposure and assume that as long as they educate their child(ren) and don’t allow them to consume it, that they’ve done enough to ensure their child(ren) are safe. That’s not the way CPS sees it and is exactly why so many parents get tripped up on this issue when CPS shows up at the door; when they do, the consequences can be devastating.
CPS is looking at how the child(ren) may get to where you store your drugs or alcohol when you’re not looking. Placing it on a high shelf may not be enough (based on the age of the child). CPS is looking at whether the child could potentially inhale second hand smoke that might linger in a room they enter hours after you’re done. They’re looking at whether there’s a sober adult present to supervise the child(ren). Being high or drunk while supervising a child is not considered to be adequate supervision by any CPS agency in the United States and they do not view degrees of intoxication on a spectrum- you’re either intoxicated or you’re not.
So how does one avoid getting into trouble for participating in a leisurely activity they have a right to do as an adult of legal age? At CPSprotect Consulting Services, our child welfare consultants recommend taking the following steps:
Store any and all recreational drugs and alcohol. kept in the home in a lock box or other area where any minor child(ren) will not have access. It doesn’t have to be tamper proof, as it’s more of a performative act for CPS than it is a practical matter. If the child(ren) are young enough, a high cabinet or shelf may suffice.
Do not let your child(ren) see you use drugs other than caffeine.
Do not supervise your child(ren) alone after having used any drugs mentioned here. Always have a sober adult supervising them (for these purposes a sober adult is an adult of legal age who has not consumed any recreational drugs or alcohol other than caffeine in the past 24 hours)- better yet, send the child(ren) to a relative’s or friend’s house for a play date or sleepover.
Do not smoke any drugs inside the home (this has the potential to be inhaled as second hand smoke by children and CPS considers this serious harm- even if the children weren’t present at the time).
Educate your child(ren) on what not to touch if they’re younger and on the dangers of drugs once they’re old enough.
If CPS is involved and you know there’s no reason for CPS to suspect you are intoxicated, do not agree to submit to a request by CPS for a drug test. False positives do happen. If you do need to get a test, get it from a provider you trust at your own expense and provide the results to CPS if it is negative.
If pregnant, avoid any and all substances or foods that could generate a false positive on a drug screen. This is considered an automatic removal, based on an exception to the reasonable efforts requirement to avoid involuntary placement in the Child Abuse Prevention & Treatment Act (CAPTA).
When it comes to adults who have minor child(ren) they’re responsible for, legal recreational drugs are legal with an *asterisk. Even if illicit substances won’t get you into trouble with CPS as long as it isn’t affecting the child(ren), the risk of being prosecuted by law enforcement remains, so ideally, those substances would be avoided. If you are able to follow these recommendations, you should have nothing to fear exercising your right to participate in recreational drug use as an adult of legal age. Additionally, it’s always important to keep in mind that in divorce and child custody cases, recreational drug use (even legal recreational drug use) is often used as slander and can affect outcomes- therefore, following these guidelines applies in these cases, too.