Can dyfs make you drug test in new jersey?? If I refuse what can they do. If I come up dirty what will happen.

Asked about 2 years ago - Blairstown, NJ

Our daughter who is 12 decided to run to the neighbors house because she was in trouble with us. She told the neighbor she was being abused. Dyfs showed up and found no cause. We do drink but not in excess. They asked at 1:30 am if we would be willing to talk to a drug and alcohol counselor. We said sure The next day dyfs came back and said all charges so far have been unfounded. All we have to do is drug test and the case will be closed. I smoke a little grass from time to time. I had a script in ca. Can't get one in nj unless your dying. I have some medical issues and I use it for pain. 2 or 3 times a week for years. If all the charges are unfounded can they make me test. I test on the15th and haven't smoked since this all started. If I take the test and come up dirty what will they do

Attorney answers (3)

  1. Yolanda Navarrete

    Contributor Level 20

    Answered . If drug tests comes out positive they could remove the child pending your completing certain requirements, such as drug rehab. You need to get an attorney experienced with DYFS cases as soon as possible. I know someone if you need a recommendation. You can email me privately.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  2. Anthony J Van Zwaren

    Pro

    Contributor Level 15

    Answered . I agree with Ms. Navarette. Ordinarily, especially if a case is unfounded, DYFS cannot compel you to take tests for substances, however, if you don't cooperate, they can go to the Court and request an order to investigate. At that point, a judge can, if there are sufficient grounds, order you to take a drug test. While testing positive for marijuana doesn't automatically lead to removal, DYFS (or as they are now known, the Division of Child Protection and Permanency -- no more families in the name) can require compliance with drug testing.
    I do DYFS work, and you may contact my office at 973-246-9659 and leave a message if no one is available.

    DISCLAIMER: This communication does not create an attorney-client relationship and is not legal advice unless you... more
  3. Kathryn Ann Gilbert

    Contributor Level 10

    Answered . Ordinarily DYFS cannot ask for more information after they have deemed an allegation unfounded so you might be missing something. If there has been a final determination you may refuse. If there has not been a final determination DYFS is entitled to fully inviestigate all allegations made against you and your refusal to cooperate in any of there requests might allow them to infer something negative. Confirm whether they have made a finding and if so they cannot continue an investigation.

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