Will i get in trouble if dcfs comes and drug tests me and im dirty just cuz i have my 3 year old with me

Asked almost 2 years ago - Salt Lake City, UT

my girlfriend went to court yesterday and went to jail cuz she never took care of the thing she needed to to keep A.P.&P. off her back she didnt check in after we moved to salt lake from tooele. we have a three year old and dcfs wants to take him from me and all be dammned if there going to.

Attorney answers (2)

  1. Russell Stephen Pietryga

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . Possibly. In Utah, I cannot think of a person that would want DCFS in their life.

    Usually, DCFS will get a call to check on a child's safety, from somebody. Then, DCFS will check on the safety of a child. Depending on the worker, they will ask the child questions, you, your neighbors and people in your life. Sounds like they believe that you are using illegal drugs.

    Because they believe you have a drug issue, they will ask that you take a drug test. If you take the test and test clean they will probably stay out of your life. However, if you take a drug test and test dirty they, most likely, will get involved in your life.

    Of course, if you are going to test dirty/positive for illegal drugs, do not take a drug test. Note, this will not make DCFS go away. The next step for DCFS will be to screen your case and request Utah's Attorney General's Office to file a petition. If this happens, a Utah Juvenile Judge will be the one that will make decisions on the welfare of your child.

    If the juvenile court gets involved in your life, you no longer will be making decisions regarding your child and it can get very messy for you.

    You really need to sit down with an attorney that is familiar with "Abuse, Neglect and Dependency Proceedings," in the juvenile court. Because, depending on how you handle your interactions with DCFS, they can and will take your child from you.

    Hope this helps.

  2. Christopher M. Ault

    Contributor Level 11

    2

    Lawyers agree

    Answered . I added a couple of tags to your question to help get some good answers. When DCFS determines that there is a danger to a minor by leaving the minor in the custody of the parents, which regularly includes drug use by the parents, they will file a petition to terminate parental rights. There is a possibility that they would turn the drug test results over to a police agency but I have seen that happen every time.

    be careful, and good luck.

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