Charlotte, NC asked in Family Law for North Carolina

Q: I need to know what I should do about taking a drug test for department of social services

I kept my friend out that I was living with because she was stealing from me and she ended up calling DSS on me and saying that I’m doing drugs around my child will DSS came out and talk to me and look them up please and said that everything was fine that it doesn’t look like I’m on any drugs but now they are calling me a week later and saying that they want to quiz me and I need to take a drug test but it’s a voluntary it’s not something that is required do I have the option to deny the drug test or should I take the drug test

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3 Lawyer Answers
Adam Bull
Adam Bull
Answered
  • Asheville, NC
  • Licensed in North Carolina

A: First, you shouldnt be using any illegal and non prescribed controlled substance while having the care custody or control of your children as this endangers them and is grounds to restrict your contact. The way to establish you are not engaging in such activity is to submit to a drug test showing you have no such substances in your system. This is usually via a 6 or 8 panel hair follicle test. Urine test are too easily manipulated and are less acceptable by our courts.

Can DSS make you submit to a test at this point? probably not, but if you refuse, the could use this as grounds to file a petition and to remove your children from you and place them in foster care, or recommend to the other parent that they not allow you to have contact with the children. Your refusal could be admitted in Court should the other parent initiate any kind of custody proceeding.

So, if you are not using, take the test, its clean, there are no issues. If you will not pass the test, or if you have been using, seek treatment immediately.

Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: You should have refused to talk to them in the first place. DSS is worse than roaches once they are in your business they are hard to get rid of.

Krispen Culbertson
Krispen Culbertson
Answered

A: I'd just like to stick to answering your question:

(a) Yes, you have the right to refuse the drug test on any grounds.

(b) If you do, I'd make sure to have a private screen at your soonest opportunity following the DSS request.

(c) Not all Judges prefer hair follicle. Hair is just as easy, or easier, to manipulate via chemical hair treatments, as urine-- even more so, if urine is extracted under controlled timing and environment.

(d) If you choose to submit to the DSS request, make sure you follow up as soon as realistically possible with a private test of your own.

(e) If you can afford to, I'd involve an attorney in this process, as an attorney can preserve confidentiality with regard to the results of all private tests.

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