What Happens When CPS Is Called for Substance Use? | Steps, Rights & Timeline

   Oct. 18, 2025
   7 minute read
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Last Edited: October 18, 2025
Author
Mark Frey, LPCC, LICDC, NCC
Clinically Reviewed
Jim Brown, CDCA
All of the information on this page has been reviewed and certified by an addiction professional.

When a report is made, panic hits fast. You’re wondering what happens when CPS is called for substance use, how the CPS investigation process for substance use works, and if you’ll lose your kids. Here’s the hard truth: parental alcohol or drug use is tied to a large share of foster care entries in the U.S., and infants are at the highest risk. But there’s also real hope. Courts look for safety and steady progress. If you act quickly—enroll in treatment, document everything, and use your rights—reunification is possible.

This hub page serves as the entry point for deeper exploration. Use the links below to dive into specific areas of CPS Basics & Parent Guide:

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CPS Investigation Process for Substance Use: Step-by-Step (What to Expect)

1) Hotline report & screening. A report is filed (by a hospital, school, neighbor, or police). CPS screens it to decide if it meets the criteria for investigation. If yes, an investigator is assigned.

2) Initial contact & safety check. A worker will visit, often unannounced, to assess immediate safety. They’ll look at living conditions, caregiver behavior, and child well-being. Be polite and calm. Ask for the worker’s name, contact info, and a clear summary of concerns.

3) Interviews & collateral contacts. The worker may interview you, the other parent, and your child (depending on age). They may also contact schools, doctors, or relatives. If substance use is alleged, expect questions about frequency, last use, and access to treatment.

4) Drug/alcohol testing. You may be asked to test. One negative helps; a pattern of negatives helps far more. Missed tests may be treated like positives, so plan ahead for transportation and work schedules.

5) Safety plan vs. court petition.

  • Safety plan (in-home or with relatives): If risk can be managed, CPS may set conditions (testing, treatment, supervised visits, no substance use around the child).
  • Court petition: If CPS believes the child is unsafe, they may file for court involvement and possible temporary removal. You’ll receive hearing dates and the right to an attorney.

6) Case plan & services. If the case proceeds, you’ll get a written plan: substance use assessment, level-of-care treatment (detox, residential, IOP, MAT), parenting classes, therapy, testing, and visitation. Your job is to complete tasks and document every step.

Key stats to keep you focused:

  • Parental substance use is associated with about 4 in 10 foster care entries.
  • For infants under one, the rate is closer to 1 in 2.
  • Roughly half of children leaving foster care reunify with parents when safety is restored.
  • Many courts expect visible progress within 6–12 months, with reviews every few months.

Your Rights (Use Them to Build Your Case)

Right to know what’s alleged. Ask for specific, written safety concerns and the tasks required to fix them. Clarity helps you act fast.

Right to counsel. Get an attorney early—ideally before the first hearing. Ask about timelines, hearings, and how to request services that match your needs (e.g., MAT-friendly programs, evening IOP if you work, language access).

Right to participate in planning. If substance use is the issue, services should target substance use and any co-occurring mental health needs (depression, PTSD, anxiety).

Right to reasonable efforts. Agencies are generally expected to remove barriers. Ask—in writing—for transportation help, childcare during treatment, or kinship placement if removal occurred.

Right to be heard. Share proof of progress with your attorney: assessment completed, treatment attendance, negative tests over time, therapy notes, housing verification, employment letters, and parenting-class certificates.

Pro tip: Keep an “evidence binder” or a single notes app folder. Log dates/times, take photos of attendance sheets, and screenshot confirmations. Organized parents tell stronger stories.

Timeline & Milestones: How Long Does This Take?

First 2–4 weeks: Assessment, start treatment, begin testing, stabilize visitation. Ask your attorney to request services that fit your schedule so you don’t miss sessions.

Month 2–3: Show a pattern—consistent attendance, negative tests, and calmer, safer routines at home. If your child is placed with relatives, stay engaged and prepared; ask about increasing parenting time.

Month 4–6: Courts expect momentum. This is where consistency wins: steady treatment, parenting classes completed or underway, therapy in progress, and documented sobriety milestones.

Month 6–12: If you’ve built a track record of safety, the court may consider expanded visitation or reunification steps. If you’re struggling, ask—through counsel—for adjusted services (e.g., a higher or different level of care, trauma therapy, or MAT) rather than going silent.

Remember: Courts look for patterns, not perfection. A relapse addressed immediately with re-engagement in care is better than missed appointments and no communication.

How Treatment Changes the Outcome (And Your Family’s Future)

  • Enroll fast. Completing a substance use assessment and entering care within days shows urgency and responsibility.
  • Follow the clinical recommendation. Detox, residential, IOP, MAT—whatever is recommended, start it and stick with it.
  • Build sober supports. Recovery groups, a sponsor or mentor, and individual therapy help prevent relapse and show the court you have a safety net.
  • Stabilize the home. Safe housing, routines (meals, school, bedtime), and reliable childcare matter as much as clean tests.
  • Show up for your child. On-time visits, child-focused activities, and steady communication are powerful signals that reunification can be safe.

Good news: With consistent treatment and documented progress, many parents reunify. Start now—this week, not next month.

True Stories of Addiction: Watch & Find Hope

Paul grew up in Mesa, Arizona, in a devout Mormon home where alcohol and drugs weren’t part of life. On the surface, he had everything—but childhood sexual abuse left deep wounds and confusion about his identity. As a teen he escaped into skateboarding, parties, and eventually substances. He told himself he didn’t have a problem; if he felt good, why stop? The issue, he thought, was everyone else.

Prescription pills came first. When the costs piled up, heroin seemed cheaper and easy to find. Within months he was injecting. A move to Chicago to “start over” only made dope more available. Brief stretches of sobriety gave way to relapse, legal trouble, and fractured trust at home. After being kicked out, on September 29, 2010, he chose detox—not to get clean, but to avoid getting sick.

Inside the facility, a staff member introduced him to Alcoholics Anonymous. That conversation changed everything. With a sponsor and the steps, Paul committed to treatment, rebuilt routines, and started repairing relationships. He learned that recovery wasn’t about willpower alone—it was about honesty, support, and daily action.

Today, Paul is sober and compassionate, using his story to reach people who still feel trapped. He didn’t just survive addiction—he found a way to heal and help others do the same.

Frequently Asked Questions
What happens first when CPS is called for substance use?
CPS screens the report to see if it meets investigation criteria. If it does, a caseworker will make initial contact—often unannounced—to assess immediate safety, interview household members, and decide on next steps (safety plan vs. court petition).
What’s the difference between a safety plan and removal?
A safety plan keeps your child at home (or temporarily with relatives) under specific conditions like testing, treatment, and supervised contact. Removal requires a court order and places your child out of the home while the case proceeds.
Do I have to take a drug test? What if I refuse or miss one?
Testing is commonly requested in substance-related investigations. Refusals or missed tests are often treated like positives. Plan ahead for transportation and work schedules so you can complete tests reliably.
How fast do I need to show progress to help my custody case?
Courts look for visible progress within weeks and ongoing consistency over months—completed assessment, enrollment in recommended treatment (detox/residential/IOP/MAT), negative tests over time, steady visitation, and safer home routines.
Will entering treatment actually change the outcome?
Yes. Early enrollment and consistent participation—plus documentation (attendance, test results, counseling notes)—strongly support reunification and can influence decisions about parenting time and returning children home.
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