DCF showed up at our door & said they had received an anonymous call that my husband & I were doing drugs . We let the investigator in and cooperated completely, except for consenting to a drug test. She gave us a referral to an abuse clinic & said as soon as we went & did a drug assessment that she could close the case. We went to the clinic to do the assessment & were told that by declining the test, DCF takes it as a pos test & now we have to do 3 months of drug classes with multiple drug tests. The whole reason we declined the drug test is cuz there is no basis. There is no neglect or abuse. We are wondering what our rights are about refusal of the drug test from this stage of the case.
Also, we havent actually refused anything yet technically because we have went and made our initial appointments for the assessments, and have future ones scheduled. we read in most places a judge will not sign off on a court order without some sort of basis for the court order and with it being an anonymous tip there is no actuall evidence and also the dcf agent seen us and she told us ourselves we were doing a great job and she berrely looked into things around the house she seemed secure in the safety of the children but i guess on the whole technicality of denying it we threw up some sort of a flag what are the chances of a judge signing off on something like this?(A order for emergency custody of my children when there is no exigent circumstances or imminent danger, and no character witness to back up the allegations) we are time limited before the next time she tries to contact us and i would like to try and figure this out before the next time we speak so i know what to do
Criminal Defense Attorney
You probably should hire a family lawyer. Of course the simplest easiest solution was to take the drug test since as you state there was no basis and you would have passed. Fighting with DCF for principals sake is a sure lose lose proposition. You will now need to hire a lawyer.
Providing general answers are meant to help the poster to understand some complex legal concepts and in no way creates an attorney-client relationship.
Criminal Defense Attorney
You have the right to hire an attorney, and I suggest that you do that immediately.
R. Jason de Groot, Esq.,
They may not be able to force you to take a drug test, but your refusal does not mean they have to dismiss the abuse claim. If you qualify you may want to discuss this situation with a local legal aid attorney.
This answer does not establish an attorney client relationship, nor does it constitute specific legal advice.