Can DCF take my kids away if I fail a urine drug test?

Asked over 4 years ago - Daytona Beach, FL

I voluntarily checked into a detox/ treatment center a couple months ago because my husband & mom said I had a problem misusing my medications & I was drinking too often. I agreed. The doctor at the treatment center called DCF & told them I was a parent & in treatment. Well, 2 days ago an investigator from DCF came over & said she was doing a "follow up" because I was in a treatment center and I have kids. She asked me to go to Labcorp & do a urine test. I'm worried because 24 hours before the test I had a couple glasses of wine at a restaurant. Can they take my kids away? My husband & I live together. They said if I fail it, I will have to complete a drug program. Does that mean, with my kids in our home or without? They did come in & saw that my home is clean, very nice & safe, drug free

Attorney answers (2)

  1. Brent Allan Rose

    Contributor Level 20

    Answered . Yes, DCF can take your kids for failing a drug test, but alcohol that was ingested 24 hours prior will not show up on the test.

    Also, really? You just got out of a treatment center and you are drinking wine at dinner? Or wine at all? Or drinking at all? How about you put the kids first and go back into the treatment program until you've truly recovered from your addictions?

  2. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    Answered . Oh sure. You'll lose your kids for using drugs and for failing a drug test when you are under investigation for drug use while being a parent. Our Congress used a one-size-fits-all approach to influence citizens' choices between using drugs and losing their kids.

    The flaw in this thinking is that foster care is actually far more harmful than a parent who uses drugs. Especially in Florida, that state is well known for major foul ups when kids are in its foster care. In New York City, the Catholic Church has a hold on the administration of foster care services and there are amazing horror stories: one recent story involved a stoned case worker who drove foster kids to their deaths in her Toyota van.

    This inability to lead a nation gave rise to the voting out of certain politicians and that effort will not stop until most are voted out of office and these laws are repealed.

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