Asked 7/15/2016 – Fort Worth, TX

I am on felony probation in Texas and was given a random drug test which I failed. My probation officer immediately told me she would have to report it to CPS because I have a daughter, which is understandable. Then later, CPS gave me a drug test which I failed also. My question is, is CPS obligated to tell my probation officer I failed a second test or do they have the right to? I’m asking because I’ve been told they do have to report it to my probation officer AND I’ve been told they (CPS) can’t tell my probation officer because one case is civil and the other is criminal.

Answer

Child Protective Services is not covered by HiPPA laws, so the drug test results will be available to third parties. Expect your probation officer to be fully aware of the CPS results and to take appropriate action. Talk with your attorney soon.