DCFS Drug Testing

[kriss13]

What is the name of your state (only U.S. law)? California

I was paid a visit by DCFS yesterday morning and was asked to take a drug test because of my past. I know I tested negative because I haven't touched a drug in over 8 years. My question is are they still going to harass me like they did these past 2 days. I was late to work these past 2 days cooperating with them. I don't want any trouble, I know its my sons father trying to get me into problems because i was just given full custody. So will they close this case now? Or am i going to be expecting surprise visits from now on?

 

[single317dad]

You were not tested because of your past; you were tested because of current allegations made against you, and either a court ordered the test or you voluntarily provided the sample. You are not legally required to cooperate with family services unless the court has ordered you to do so. It may or may not be in your best interest to suffer a little now in order to get their investigation over with. If you don't use drugs, you have nothing to worry about as far as the test. If they're interfering with your work schedule, tell them to contact you at a time that's more convenient for you, and provide that time. If the caseworker doesn't treat you with respect, your options are to ask for another caseworker, refuse to cooperate, or suck it up and play along.

When this case is closed (either when the accusations are unfounded or all requirements are satisfied), there will be no further need for them to contact you. Each time a future allegation that is worthy of investigation is made, there will be another new investigation.

 

[Ohiogal]

I would caution you against cooperating. DCFS is NOT your friend. They have no right to make you do anything. A court can order that you do certain things but you do not have to cooperate with DCFS. You don't have to talk to them, let them in your house, consent to drug tests or anything else.

 

[RRevak]

You were not tested because of your past; you were tested because of current allegations made against you, and either a court ordered the test or you voluntarily provided the sample. You are not legally required to cooperate with family services unless the court has ordered you to do so. It may or may not be in your best interest to suffer a little now in order to get their investigation over with. If you don't use drugs, you have nothing to worry about as far as the test. If they're interfering with your work schedule, tell them to contact you at a time that's more convenient for you, and provide that time. If the caseworker doesn't treat you with respect, your options are to ask for another caseworker, refuse to cooperate, or suck it up and play along.

When this case is closed (either when the accusations are unfounded or all requirements are satisfied), there will be no further need for them to contact you. Each time a future allegation that is worthy of investigation is made, there will be another new investigation.

The bolded is not necessarily true. Yes DCF DOES ask for tests based on ones past regardless of current allegations. No they do NOT always ask the courts for permission for tests, trust me on this one. And no its NOT advisable to just cooperate to make things go quicker. I have a family member embroiled in DCF currently based on an allegation that has so far been proven entirely false. She's cooperated with every facet of the silly investigation and we're 2 months in now and they're STILL asking for MORE hoops that at this point have NOTHING to do with anything involving the original allegations. DCF is NOT anyones friend.

OP at this point you have a choice. You can allow DCF to hang around in your life or you can find an attorney and tell them to bugger off. I would personally go the attorney route. DCF won't just "go away", you'll need an experienced attorney to make them go away. My advice is to find one asap.

 

[single317dad]

The bolded is not necessarily true. Yes DCF DOES ask for tests based on ones past regardless of current allegations. No they do NOT always ask the courts for permission for tests, trust me on this one.

I'm just as anti-DCS/CPS as anyone, but the fact is that either the test was court ordered or the sample was given voluntarily. That the OP may not have been aware of his/her rights and thought a voluntary sample was actually mandatory doesn't change that fact. It's good that the OP has come here to learn more about her rights in light of the family services investigation; too many people play along thinking they have to do whatever the government agency tells them to do.

 

[kriss13]

I'm just as anti-DCS/CPS as anyone, but the fact is that either the test was court ordered or the sample was given voluntarily. That the OP may not have been aware of his/her rights and thought a voluntary sample was actually mandatory doesn't change that fact. It's good that the OP has come here to learn more about her rights in light of the family services investigation; too many people play along thinking they have to do whatever the government agency tells them to do.

So from now on I can tell them to call my lawyer? I have a lawyer already that helped me gain full custody of my son. I think I have given them what they wanted. If they need anything else then I can refer them to my lawyer right? Thank you all again. I didn't know they needed court ordered warrants to even come into my house, i just let her in like nothing. And i voluntarily gave them a sample for the drug test.

 

[Zigner]

So from now on I can tell them to call my lawyer? I have a lawyer already that helped me gain full custody of my son. I think I have given them what they wanted. If they need anything else then I can refer them to my lawyer right? Thank you all again. I didn't know they needed court ordered warrants to even come into my house, i just let her in like nothing. And i voluntarily gave them a sample for the drug test.

I would suggest that you ask your lawyer, not an internet forum. Your lawyer is familiar with all aspects of your matter.

 

[single317dad]

So from now on I can tell them to call my lawyer? I have a lawyer already that helped me gain full custody of my son. I think I have given them what they wanted. If they need anything else then I can refer them to my lawyer right? Thank you all again. I didn't know they needed court ordered warrants to even come into my house, i just let her in like nothing. And i voluntarily gave them a sample for the drug test.

They either need court orders or your voluntary cooperation. Many people do not know their rights, and cooperate with child/family services believing they have no choice.

Before you can tell them to "speak to my lawyer", you have to actually have a lawyer to direct them to, and the lawyer must be aware to expect contact (and probably be paid up front for the service). As Zigner suggested, you should speak with that lawyer and get their opinion on the matter before taking any further action.