False Cocaine test?

Are you going through an investigation now? Tell your story and get feedback here.

Moderators: family_man, LindaJM

User avatar
DesertSkye
Posts: 332
Joined: Sat Apr 30, 2005 6:59 am
Contact:

False Cocaine test?

Postby DesertSkye » Wed Jan 17, 2007 9:49 am

Helping a friend of mine In Ga.

She moved from her home to her fathers to help take care of him as he is extremely ill.
She works as a CNA at a Assisted Living Center and has 3 children 7,9,11
Her uncle who is mad over something recently called CPS on her and told them she was doing coke.

She did not take it seriously at first as she doesn't do anything and never has.
They went to the school and talked to the kids the kids were 100% supportive of her.
They came to the house to do the drug tests (this all happened before she told me)
The urine they did on the spot the hair they took with them.
When she told me that I told her they will tel you its positive
You need to go get your own test done and don't wait.

So of course no one takes you seriously until it happens and it did
She called me last night and they had told her yesterday it came back positive.

So I told her get on the stick and line up some of your own tests
They wanted her to come in Thurs to sign papers
I told her don't do it
We are calling them and telling them she is seeking the advise of an attorney and has been told not to sign anything or say anything further and that she will be getting her own tests done with several reputible places right out of the phone book .

So thats where things are at now
She doesn't have a computer and they live in a rural area so I am trying to help her as much as possible to get this stopped right now

I told her if it came down to it we would help her represent herself in court.
I told her right before Christmas I had been trying to help a dad with three kids in Conn. and that he just could not believe it would happen
I begged him to ask his "court appt" attorney for a continuance so I woul dhave time to help him get everything together
He went back to her and listened to her instead and she told him oh no
Don't worry we are going back in there and fight for them
The day came she wouldn't even let him talk
and he had been jumping thru their hoops had done all the classes etc etc
(they had taken them from his ex-wife and never gave him a chance)
and so by the time someone contacted me about him he had done everything they asked and they still kept comingup with mor ethings he had to do
I told this friend last night this is par for the course...thats their game
Well he didn't believe me and went to court and wham
All his rights are now terminated.

I have known this girl since I was a teenager-she is clean as a whistle- she is listening at least so I am hoping with your help i can help her as I am not familiar with the drug end of all this
The documents all the other stuff I know what to do
As far as the drug test which we know they lied on is all I need help with-are we doing the right thing by telling what I said above and is there anything else we can do
and is there anyone there in the Marietta/Kennesaw or further Northern GA area who is on here and maybe more familiar with Ga's game
Thanks
DesertSkye
Last edited by DesertSkye on Thu Jan 18, 2007 4:47 am, edited 1 time in total.
A wretched soul, bruised with adversity,
We bid be quiet when we hear it cry;
But were we burdened with like weight of pain,
As much or more we should ourselves complain.
William Shakespeare

User avatar
Frustrated
Posts: 3916
Joined: Fri Aug 26, 2005 11:15 am
Location: Canada
Contact:

Postby Frustrated » Wed Jan 17, 2007 10:33 am

I can't believe they would come to the House and grab hair and urine right at the spot. Does that require a Court Order (falls under Consitution of Search and Seizure and I think Seizure falls in that criteria and applies to that Case). So, I think they violated her Rights under the Consitution of Search and Seizure. I think they were supposed to have a Court Order to seize her "properties" and that includes her urine and hair?

Tell her she needs to get a Lawyer ASAP and have the Lawyer declare the Tests "INADMISSABLE" because they did not reserve a Court Order or Warrant to Seize her stuff including her urine and hair. They got the stuff illegally. I would think it is ILLEGAL to collect your Stuff at a Private Home. Unless if she gave up her Rights willingly. So that's the problem.

Yes, she needs to go to a Lab herself and get her stuff tested again. I don't know where, but make sure the Lab is reputiatable and creditable and can be used for Court Purposes. Make sure it is FDA approved. Do research on Labs. Perhaps the Lawyer may know where and which Lab to go to? Have her ask her Lawyer Questions and Advice.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22

User avatar
good dad
Site Admin
Posts: 1589
Joined: Mon Jan 17, 2005 1:11 am
Location: Minnesota

Postby good dad » Wed Jan 17, 2007 11:27 am

Desert, Do any of them have a copy of the labs paperwork or are they all going off the word of the worker, no documentation?
*********************
My advice is my opinion and not legal advice
*********************
A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

User avatar
DesertSkye
Posts: 332
Joined: Sat Apr 30, 2005 6:59 am
Contact:

Tests on the spot

Postby DesertSkye » Wed Jan 17, 2007 11:27 am

Well I think it was their usual
Unless you want to lose your kids you have to do this
and she says I have nothing to hide and will do whatever it takes

You know their game as well as I do unfortunately!

But, if they threatened her like that you have a very good point which i had not thought of...will have to look into it
She can't afford an attorney and neither can anyone she knows
And we all know the court appt attorney are as bad as CPS

So if it comes down to hearings I just have to help her represent herself
or get the court appt attorney and go downt here and make sure he does what he is supposed to


You know I will never be thankful for what happened to us or to anyone who goes thru it so please don't anyone take that this way
But, I am sure you know God uses all things for his glory and he has done that by allowing all of us to help others using the knowledge we have gained thru what we have been thru and for that I am thankful
He never says we won't suffer on earth but that he will see us thru it and that he will use all things for his glory so even though we are all going thru this
The way he is turning it abut is y enabling the small army that we are 9comparitively) to help others and to win some of these fights
A wretched soul, bruised with adversity,

We bid be quiet when we hear it cry;

But were we burdened with like weight of pain,

As much or more we should ourselves complain.

William Shakespeare

User avatar
good dad
Site Admin
Posts: 1589
Joined: Mon Jan 17, 2005 1:11 am
Location: Minnesota

Postby good dad » Wed Jan 17, 2007 1:07 pm

Desert I posted at the same time as your last post..Any idea on the question I asked?
*********************

My advice is my opinion and not legal advice

*********************

A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

User avatar
Greegor
Posts: 746
Joined: Sat Apr 15, 2006 10:20 am
Location: Cedar Rapids Iowa

Postby Greegor » Wed Jan 17, 2007 1:07 pm

Get a hair test sampled by an actual lab person.

The agency nitwits probably didn't handle the evidence
right and they're so corrupt I wouldn't be surprised to find
they have a DRAWER full of hair from Cocaine addicts
or Meth heads to slip into an envelope with your name.

On the other hand they are dumb enough that they
would put a blonde hair in an envelope and mark
it with a red head's name to go to the lab.

Don't forget to SUE THEM or this crud will just
keep going on and on. Make it big enough that it
hurts them bad. Punitive damages.

User avatar
good dad
Site Admin
Posts: 1589
Joined: Mon Jan 17, 2005 1:11 am
Location: Minnesota

Postby good dad » Wed Jan 17, 2007 1:11 pm

They came to the house to do the drug tests (this all happened before she told me)
The urine they did on the spot the hair they took with them.


This could be beat in in court because it doesn't conform to SAMSHA or NIDA collecting methods..
*********************

My advice is my opinion and not legal advice

*********************

A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

anxiousmom
Posts: 526
Joined: Sun Sep 10, 2006 10:18 pm

Postby anxiousmom » Wed Jan 17, 2007 2:07 pm

Wow! I know cps is bad, but I would have never thought they would somehow get a positive drug test if the person wasn't doing drugs. Are you sure she isn't?

If they told her she had to do the test or her kids would be removed, they violated the color of law....look into that. That is where the person "agrees" or consents but only because they feel threatened or pressured to do so. Consent under duress.

Bob_Lynn
Posts: 1276
Joined: Thu Dec 30, 2004 3:56 pm
Location: Pennsylvania
Contact:

Postby Bob_Lynn » Wed Jan 17, 2007 2:43 pm

I heard common poppy seeds can produce false positive results for cocaine.
We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. Edward R. Murrow

User avatar
good dad
Site Admin
Posts: 1589
Joined: Mon Jan 17, 2005 1:11 am
Location: Minnesota

Postby good dad » Wed Jan 17, 2007 3:25 pm

Thats opiates Bob not cocaine
*********************

My advice is my opinion and not legal advice

*********************

A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

User avatar
Greegor
Posts: 746
Joined: Sat Apr 15, 2006 10:20 am
Location: Cedar Rapids Iowa

Postby Greegor » Wed Jan 17, 2007 3:33 pm

Welcome back Bob!

Bob_Lynn
Posts: 1276
Joined: Thu Dec 30, 2004 3:56 pm
Location: Pennsylvania
Contact:

Postby Bob_Lynn » Wed Jan 17, 2007 4:01 pm

good dad wrote:Thats opiates Bob not cocaine


Ok, I stand corrected.
We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. Edward R. Murrow

Bob_Lynn
Posts: 1276
Joined: Thu Dec 30, 2004 3:56 pm
Location: Pennsylvania
Contact:

Postby Bob_Lynn » Wed Jan 17, 2007 4:07 pm

Thanks Greg, it's good to be back, under better circumstances this time I hope.
We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. Edward R. Murrow

User avatar
Frustrated
Posts: 3916
Joined: Fri Aug 26, 2005 11:15 am
Location: Canada
Contact:

Postby Frustrated » Wed Jan 17, 2007 8:47 pm

Don't you hate these Threats from these CPS Workers?

I really hated that. How can you avoid such Threats like these?

Especially when they put you RIGHT on the Spot and USE the Children as a leaverage?

"If you don't do this, I will remove your Children?"

Sounds like a Threat to me.

How to avoid such Threats???

That's what I wanted to know.

But then again, some say, no, and have their chances in Court in front of the Judge?

It would have been nice if you had a Judge RIGHT in your House. Or some Politcian or some one Powerful like Donald Trump or something, CPS would probably won't do the threats right on the spot if some one powerful or a powerful Witness is present at that Home.

Videos, another way, I would catch all the Threats right on Video and send to Youtube.com or something of Media Nature to show their corruption and threats. It will help question their handling of your speicmens. It could very well been containmented. Because of all those moving around from Cars, Offices, to the Labs. Who knows if they handled it are actually Cocaine Users themselves? :shock: Probably stretching it thin, but wishful thinking.

Tell her to have her self tested again at a really well known Lab. and If it is negative, I would use these Evidence for Court Hearings.

Really unbelievable of their Threats, it just never ends there.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22

User avatar
DesertSkye
Posts: 332
Joined: Sat Apr 30, 2005 6:59 am
Contact:

Good Dad s ?

Postby DesertSkye » Thu Jan 18, 2007 4:38 am

Sorry Good Dad I didn't get back on after that and left right as I posted my last post.

No she does not have a copy of the test only their word and that is a good point.

Thanks so much! and also for the other post you said about it being against those regulations I will look that up for her to bring in as I have no idea what that is.

I have not had alot of time to work on this yet but will look into that.

I appreciate all the help everyone !
Its hard trying to help somoen without a computer and no way for her to easily get online and read all this she lives in a small rural town in Northern Ga and I can only talk to her after 1130 pm at night when she gets off work as I only have my cell phone and she goes in to work at 3 pm

So this is slow going but hopefully we can stall them so we have the weekend where i can talk with her more

Thank you!!

wanted to add that yes for sure she is not doing any drugs she had to have a test done recently for her job and it was clean
she is willing to go to several labs and have hair sample done there
Desert

[/b]
A wretched soul, bruised with adversity,

We bid be quiet when we hear it cry;

But were we burdened with like weight of pain,

As much or more we should ourselves complain.

William Shakespeare

florida999
Posts: 376
Joined: Sat Apr 08, 2006 11:22 pm

Postby florida999 » Thu Jan 18, 2007 6:30 am

amoxicillin can cause false positive for cocaine on a cheap test. my husband had been taking amoxiciilin for a tooth infection and he took a cheap test at the courthouse that came back positive. they allowed us however to go to the hospital to challenge the test and the hospital test came back negative.

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

Postby Dazeemay » Thu Jan 18, 2007 8:27 am

http://forum.fightcps.com/viewtopic.php?t=4351

Here is info on all of the foods and meds that can cause positive readings.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

jackiew75
Posts: 189
Joined: Sat Jul 22, 2006 12:23 pm
Location: NH

Postby jackiew75 » Thu Jan 18, 2007 8:27 am

They obviously did not follow code when obtaining the samples, but I went through something similar and it was legal because I did it voluntarily. Thats how they get you.... they abused their power I am sure through the color of law and then she stuck it to herself out of fear by doing the test.

Another sad case...

User avatar
Frustrated
Posts: 3916
Joined: Fri Aug 26, 2005 11:15 am
Location: Canada
Contact:

Postby Frustrated » Thu Jan 18, 2007 8:44 am

She did the Test at her Job and it showed Clean?

Bingo!!!! Can she obtain that Paperwork from her Work place that shows it is clean and use that as Evidence. How long ago did she take that test for the Workplace? If it is too old...then it is no good, but if it is recent...then great!

She also needs to go to her Doctor and have her Blood Work done and it will show up in the Lab as nothing is wrong with her but being Healthy. That's another way. I would get these Medical Records from the Doctor as well to use it for Evidence but never give these Medical Records to CPS. Keep them for safe keeping and keep copies in Files to use for later Evidence for Court Purposes and Hearings. She needs all the Evidence as much as she can.....

I think I heard on TV that Drugs can only stay in the Hair up to a Year, and if the Test from her Job shows it is Clean....and notice the Date when she took it, either recent or few months ago...can be used as Evidence. I would use it for Evidence. Don't tell CPS Worker until she goes to Court and show the Evidence to the Judge and Judge will see that...and just might dismiss the Case and blow it out of the water!!! (I can only imagine the Face of this CPS Worker when she finds out that there was an Evidence that the test was taken before :shock: :shock: .) HA!
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22

User avatar
good dad
Site Admin
Posts: 1589
Joined: Mon Jan 17, 2005 1:11 am
Location: Minnesota

Postby good dad » Thu Jan 18, 2007 9:23 am

The urine they did on the spot


This alone shows the UA was NOT a "positive" drug test...

NO, on the spot, dip strip test can provide a true "positive" result.

It can only be a "flagged positive", meaning something set off an identifying marker in the test, "flagging" it, (Like florida said amoxicillin can do this) meaning further testing is needed.

Once flagged the sample must go through a "confirmation test"only at a lab, usually a gas chromatograph mass spectrometer (GC/MS), this test is highly accurate and very complex..If it is then "confirmed" with this test... It is considered a "positive" test.

A CPS worker taking a drug test and having a "flagged positive" canNOT be fired or reprimanded..

It means nothing if it isn't a "confirmed positive" test..

No reputable lab would accept a UA takin from the home and brought in for a "confirmation" test...
No lab (reputable or not) would accept a hair sample brought in by a CPS worker..


Reason being?
The testing facility makes you show a picture ID before taking a sample. No lab is going to open itself up for a lawsuit by stating Mrs. XXX's hair sample tested positive for cocaine, when Mrs.XXX didn't walk in the door and show them an ID and they didn't take the sample themselves.

Any lawyer could win that lawsuit..

If tape recording is legal in Ga. Have her call and record asking the worker what lab her test was sent to and what the results were on her hair sample....Then tell them she wants copies of the lab's tests so she can go over them with an attorney...

They won't be able to because, I'd almost 100% sure, no lab saw either sample..

Here are some terms and definitions used in drug testing:
http://www.infolinkscreening.com/InfoLi ... tingPolicy
*********************

My advice is my opinion and not legal advice

*********************

A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

User avatar
Frustrated
Posts: 3916
Joined: Fri Aug 26, 2005 11:15 am
Location: Canada
Contact:

Postby Frustrated » Thu Jan 18, 2007 10:09 am

Good Point! :D

It also FURTHER that CPS Workers are NOT QUALIFIED to make Drug Tests. They are not Lab Technicians. They are just mere underqualifed CPS Worker supposedly doing their "jobs".

Their Qualifications surely don't include Drug Testing, isn't there? :shock:
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22

User avatar
DesertSkye
Posts: 332
Joined: Sat Apr 30, 2005 6:59 am
Contact:

False test/and update

Postby DesertSkye » Thu Jan 25, 2007 2:38 pm

Soryy I have not been able to get back to this...our internet has been out again
Anyway
The test at the job was urine not hair
So DHS has a clean urine and so does the job

It was the hair sample they took from her at her house htey are claiming is positive...which i told her they would say they before they did

So to do a private /independent one is 135.oo

Which she does not have
She told them what we told her to they said they didn't care and are keeping it open for six months

So I am just asking everyone PLEASE pray for her that the Lord will keep the kids safe until she gets paid in two weeks to go do the correct hair test

and to give us time to fig outhow to help her more

Its been hard to help her with no internet etc and her not beig able to read this
shes afraid to do anything that will make them mad shes afraid if they get mad they will come get the kids

Its hard to convince someone who can't get to a computer and see the facts that they just might come get them anyway

She has stood her ground and not signed anything
She is not on any government assitance even though they keep trying to convince her to

Thanks for your help
Desert
A wretched soul, bruised with adversity,

We bid be quiet when we hear it cry;

But were we burdened with like weight of pain,

As much or more we should ourselves complain.

William Shakespeare

User avatar
Frustrated
Posts: 3916
Joined: Fri Aug 26, 2005 11:15 am
Location: Canada
Contact:

Postby Frustrated » Thu Jan 25, 2007 8:54 pm

I will keep her in my Prayers. I hope you tell her she is not alone. We are all in this together.

I have to ask, why 6 months to keep the Case open?

On What Grounds? and they didn't care?

I had hoped she had taped that conversation of her saying "I don't care".

It would have shown proof that they won't budge and don't care about her Case.

Play back to the Lawyer. Have her write those comments in Declaration of Facts as well. She needs to keep adding circumstances that surrounds her Case. The more she puts in, the more stronger it will be. Put in Date, Time, Location: That she said she didn't care and keeping Case open for 6 months.

Hopefully the Judge will see that comment. :wink:
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22

kelsangels
Posts: 34
Joined: Wed Mar 29, 2006 8:32 pm
Location: new york

Postby kelsangels » Thu Jan 25, 2007 11:30 pm

i will keep her in my prayers ,

a hair sample can hold anything you ever tryed in your life , thats not fair
http://kapjhs.tripod.com/kelsplace2003/ well this is my web site i been working on it for years updating please take alook ,

thiasmommy
Posts: 105
Joined: Tue Dec 06, 2005 1:58 pm

false test

Postby thiasmommy » Fri Jan 26, 2007 7:46 am

Hi desert,

Who took the hair sample, the caseworker?

Normally hair strand tests have to be obtained at a lab, not by a caseworker? Shocked!!

I have been thru alot of hairstrand tests with dcf, and they only go back 90 days, and btw they never found anything!!!!

But of corse they didn't let the judge know in court they even did hair tests on me.

Now, with a hair strand test is a last resort, dcf has to do the least intrusive test on you.

when they took the urine like good dad said they should have had that test confirmed by a lab, and then they pull the hair test crap, this is obsurd!!!!
In my case i tested positive for xanex, had a prescription, and I still went thru this crap for over 2 years. My case is set to be closed in May.

MMMMMMM.....

God Bless
Dennise


Return to “CPS Investigations”

Who is online

Users browsing this forum: No registered users and 16 guests