The Department of Children and Families (DCF) investigates cases of child abuse and neglect. When a parent abuses drugs or alcohol, they sometimes unintentionally expose their children to danger or harm. DCF investigators look into this possibility and take substance abuse seriously.
With that said, drug or alcohol use does not necessarily mean that a parent is neglectful. If your family is under DCF investigation and drug is an issue, contact an attorney at the Law Offices of Mark Sherman immediately. They can advise you regarding your rights and discuss the pros and cons of refusing a DCF drug test in Darien.
DCF is not a law-enforcement agency, but it has broad investigatory powers. If an investigator is concerned that drug use in your home may pose a risk to your children, they will focus on that.
An investigator may ask you to take a drug test. You have the right to refuse the test, but DCF can hold your refusal against you and assume you are refusing because the test will detect drugs. The next steps will be based on the assumption that you are actively using drugs in the home and exposing your children to danger.
Speak with an experienced DCF defense attorney in Darien before agreeing to or refusing a drug test. A skilled legal professional will help you weigh the options and decide the best course of action in your case.
If you choose to take a drug test and the result comes back positive, there will be ramifications. Also, if the test comes back clean, DCF may ask you to take another test in a few weeks or months.
When DCF suspects drug use, the investigator will typically begin by asking you to sign a safety plan. The plan usually requires a commitment to refrain from drug use and may also require you to seek treatment. It might also call for periodic drug testing. If you do not comply with the terms of the plan, or if you fail a future test, DCF may file a neglect petition against you and attempt to remove your children from your home.
A skilled Darien DCF defense lawyer can work with the investigators to limit their involvement in your life. They can often negotiate a resolution that keeps your children safe and your family together.
DCF will sometimes use a parent’s drug use as the basis for removing the children from the home. If the investigators feel it is an emergency, Connecticut General Statutes §17a-101g(f) allows them to remove the children for 96 hours without a court order. Anything beyond the 96-hour threshold requires DCF to seek an Order of Temporary Custody from the Juvenile Court.
Judges remove children from their homes only when there is proof that doing so is in the children’s best interest. Even if the children are placed with a relative or in foster care temporarily, you will have the opportunity to work with DCF and eventually get your children back. In most cases, the court will require you to engage in some form of substance abuse treatment and pass one or more drug tests.
If the children are not in imminent danger, DCF may still file a neglect petition with the Court. Your Darien DCF defense attorney can argue that a positive drug test is not indicative of child neglect and present evidence showing that you are a caring and responsible parent.
You have the right to refuse a DCF drug test in Darien, but a refusal may come with consequences. It is important to understand your options before you decide whether to refuse or risk failing a test.
The skilled attorneys at Mark Sherman Law have considerable experience defending parents in DCF investigations. Look at some of the reviews from satisfied clients on our Avvo profile, then schedule a meeting to discuss your case.
