Can DCF require a urine tests when no accusations have been made(probable cause?) for kids to be placed in the grandparents home

Asked over 1 year ago - Tampa, FL

I'm the step grandfather of six kids, which I took into my home, six months ago, to keep them from being homeless. Out of nowhere the state decides to have a shelter hearing. Their parents are drug addicts. They want a urinalysis from me, though I have not been accused of anything! Is that not an invasion of my privacy? (Yes, I will test positive for Mary J., not regular user, but did at a friends birthday party last week). Don't want grandma to lose her grandchildren, but this is the thanks I get for taking all of these kids into my nice home, on the gulf. I'm 54, and have never pissed in a cup for anybody, nor do I intend to do so! I'm a local Realtor and do not want my "insides" being a matter of record.

Attorney answers (2)

  1. Colleen M. Glenn

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . Contact a family law attorney in your area to discuss this issue or repost your question in the family law section. Good luck.

  2. Joseph Julius Registrato

    Pro

    Contributor Level 15

    Answered . This is not a question for criminal defense lawyers because you're not a suspect in a criminal case, but being a family law lawyer I may be able to help you. The Department of Children and Families has the right to "place" children in the State's care, and to screen those individuals to see if they are appropriate "placement parents" or "care givers." So once the children were "sheltered," they were then in the custody of the State of Florida, and the State apparently wants to make sure you have a drug-free environment for the children. Now, if you refuse to take the test, will DCF automatically remove them from you? Not necessarily. They will look you over and wonder about it, and they MIGHT take them, or, they might look you over and say, no, let's leave them with him. But the worse thing that can happen to you is they take the kids and place them with some other care giver. DCF won't do anything else to hurt you. Call if you'd like further information.

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