Miami, FL asked in Family Law for Florida

Q: Can Florida DCF make me take a 2nd drug test once I've already passed the first one? I complied with everything they ask

The DCF social worker did a well child check up on my son. I let her in my home, I let her drug test me (I passed), I let her talk to my son. I live with my mother and stepfather right now. The social worker drug tested my mother who tested positive for her PRESCRIBED medication. My mother showed the social worker her bottle with the prescription on it and the social worker said that there were some of her pills missing. My mother told her she had some of the pills in her purse. The social worker wrote down that my mother abuses drugs but she did not bother to count the amount of pills my mom had in her purse. I've now been told that my son cannot live in my home because of my mother's "drug abuse" which is non-existant. Also they want to drug test me a second time.. because the negative result wasn't what they wanted to see I'm guessing.

Related Topics:
2 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: If you are being visited by DCF social workers that can only mean you or someone in the family did something that adversely affected your young son. And once that happens you can expect to see more DCF social workers knocking at your door-because that is precisely what they are paid by Florida to do: protect your young son. Having been employed at DCF myself I will strongly advise you NOT to pick a fight with anyone from DCF-because they have very broad powers.

1 user found this answer helpful

RoseMarie Feller
RoseMarie Feller
Answered
  • Lake Mary, FL
  • Licensed in Florida

A: You will want to document how many pills your mother has today. This will help to show that the count is proper had the case manager counted. The way you will move forward will depend on whether you are given a safety plan or whether they try to shelter your son (remove him from your home). At this point, you will definitely want a lawyer to step in and work on making sure that you do not get to the shelter part if you have not yet arrived there. If they have decided to shelter already, you will want a lawyer to help you fight this. Please call and make an appointment to come in for a free consultation. You can reach us at 407-878-5942.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.