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.

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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.

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.

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