While a large part of the focus of the Connecticut Department of Children and Families—or DCF—is on acts of abuse, they are also tasked with investigating alleged neglect. When a parent is unable to adequately care for their children, the state has the authority to step in.
DCF Investigators aggressively pursue cases where there are allegations of juveniles being exposed to drugs, either intentionally or not. Authorities in these cases often request blood samples for testing a parent for drugs, and there are consequences for refusing a DCF drug test in Newtown. A dedicated attorney can help you navigate this complex situation.
Despite what DCF officers might imply, every parent has the right to refuse a DCF drug test in Newtown. These agents are not police officers and are not authorized by law to collect a sample involuntarily.
Refusing to submit to a voluntary drug test cannot be used as evidence in a criminal trial of wrongdoing. For example, the state cannot argue that a person was in possession of narcotics because they refused to submit to a chemical test.
Unfortunately, these same protections do not apply to DCF investigations. These cases are held to a much lower standard, meaning that the agents investigating your case can use your refusal to submit to a drug test as evidence when determining neglect. This places more pressure on the parent and makes the decision of choosing to provide a sample more difficult. This decision should not be made without the advice of an experienced Newtown attorney.
Voluntarily submitting to a drug test can make things worse, depending on the circumstances. If a parent has doubts, even slight, about their test coming back positive, there is no reason not to comply. If a person does not refuse a DCF drug test in Newtown and receives a positive result, the consequences could be significant.
DCF has different options they can pursue in court in situations involving positive drug testing results. If investigators determine a case is relatively minor, they might ask a parent to voluntarily agree to a safety plan or other agreement. These agreements usually include a promise to consent to future drug testing and to seek substance abuse counseling.
On the alternative, consequences can also be much steeper in serious cases. DCF can seek to have children removed from the home or refer the case for criminal prosecution. If they believe a child is in immediate risk of harm due to drug use, the DCF agent can immediately remove the child from the home for up to 96 hours. Furthermore, the DCF agent can file a neglect petition with the court, as well as a petition for an order of temporary custody (OTC) of the child.
If a judge agrees with the DCF assessment that the child is in danger by staying with their parent or guardian, the court has the power to take away custody, visitation, or parental rights.
If you have been asked by DCF to submit to testing, it is important to remember have the right to say no. While refusing a DCF drug test in Newtown can have harmful consequences on the outcome of your DCF case, the stakes are high, making it a bad idea to choose an option on your own. Reach out to experienced legal counsel at Mark Sherman Law for guidance during this crucial time, and see our Avvo reviews to view what previous clients have said about working with our team.
