False Drus Test Result/ Disputing Inaccurate Test

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journey
Posts: 5
Joined: Mon Jul 25, 2011 9:12 am

False Drus Test Result/ Disputing Inaccurate Test

Postby journey » Thu Jan 19, 2012 12:24 pm

My family has been involved with CPS for almost a year. The issue began over medial marijuana and AZ CPS having no policy on the matter, took our child away. That is issue is now beside the point.

We drug test twice a week and have not been positive for THC for over 6 months and have completed all services. Neither of us have tested positive for any other substance over the course of testing. We have court tomorrow where our daughter was supposed to be returned to our custody and as of yesterday my lawyer contacted me saying that almost 3 weeks ago I tested positive for cocaine! This is absolutely impossible, I did not use cocaine or any other substance, and now CPS and the GAL are going to use this to not return my daughter home. The supposed test took place about 3 weeks ago, during the last week of Dec. Since that time I have spoken with my CPS case manager twice face-to-face and several times on the phone and she never mentioned a thing. She in fact told me as little as a week ago that my child would be coming home. Now that this information has been released two days before court, she will not answer my calls. I am beside myself because I am going to lose more time with my child for something that is false. If she would have at least contacted me right away I could have submitted a second test, anything to disprove this. The people at the drug testing facility as well as our lawyers keep saying mistakes can't happen but one has most definitely occurred. These tests are susceptible to human error after all and nothing is 100%. My drug test is inaccurate and I need help to fight this. I am getting my own hair follicle test done today to prove that I did not use any drugs but the results will not be ready for court tomorrow. If anyone knows how juvenile court works they will push back the next court date 3-6 months and I won't have a chance to disclose the true results until then. I cannot be without my child any longer and even doing everything right there are lies still being spread to keep her away from me. My family needs any help that can be offered or if anyone else has experienced something similar.

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Daruma
Posts: 677
Joined: Sat Aug 28, 2010 12:34 pm

Re: False Drus Test Result/ Disputing Inaccurate Test

Postby Daruma » Thu Jan 19, 2012 2:38 pm

I have no idea whether this will help you or not, but according to this website, several things can cause false positives for cocaine.
http://www.askdocweb.com/falsepositives.html

Did you use/have any of these before your last test?
- Certain antibiotics
- Diabetes
- Coca tea (whatever that is)
- Kidney disease
- Tonic water (like in a gin and tonic)
These are my personal opinions only. They are not legal, medical, or financial advice.

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: False Drus Test Result/ Disputing Inaccurate Test

Postby Eljay » Thu Jan 19, 2012 3:24 pm

Just so you know, I've never experienced this myself, but if I were in your shoes, I would proceed on moving to have your case dismissed. CPS intervenes when children are ABUSED OR NEGLECTED. You have not indicated that there was evidence of either in your case. I'm guessing they are claiming neglect based on the idea that doing drugs puts you and your kids in dangerous situations. Their definition is of neglect from their website https://www.azdes.gov/main.aspx?menu=154&id=2016 is:

--- (by the way drugs are not mentioned on this page AT ALL) ---
Physical neglect is defined in A.R.S. §8-201(21) - "Neglect" or "neglected" means the inability or unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability or unwillingness causes substantial risk of harm to the child's health or welfare, except if the inability of a parent, guardian or custodian to provide services to meet the needs of a child with a disability or chronic illness is solely the result of the unavailability of reasonable services.



There is also this guide https://www.azdes.gov/CMS400Min/InternetFiles/InternetProgrammaticForms/pdf/ACY-1173G.pdf that says, "Alcohol and other drug use are often contributing factors to child maltreatment" ... despite your FORMER usage, your child was never harmed. Now, if they took your child because they found y'all homeless, selling drugs on the street, go so high that you left your child alone/didn't know where your child was, now THAT would be putting them at substantial risk of harm. There was a guy in Pasadena, CA a few years ago who got so completely chit-faced drunk at a wedding that he put his 3-yr old in his car and walked/stumbled off. They arrested him sometime later for public intoxication and put him in jail and he was so wasted he had no idea that he had left the baby in the car. The following evening his ex/the mother was alerted to the fact that he was in jail and the baby was unaccounted for. Now *THAT* is child neglect!

So......... you need to have your lawyer prepare a document to move to close your case based on the argument that there was no need for them to ever take your child in the first place. If you've told us everything, you've maintained a home, job, stability, haven't been arrested/charged w/ drug possession, no abuse, no other issues, then your child was never substantially at risk of harm. Let them know that through your education you've seen that the *RISK* of using *MIGHT* have put you in a place of risk, but you never did. Hopefully, your lawyer can phrase it better.

It happens all the time that a false allegation of abuse or neglect comes in, CPS starts asking questions and parent think, "gosh, I have nothing to hide" and they answer every question they ask. CPS starts piling up the charges, "parents fight in front of kids = domestic violence" or "dad laid off work = neglect" and they threaten/coerce the parents into taking their "services" by threatening to take the kids. In reality, they had NO JURISDICTION in the first place. With you, they had -- and still have -- no right to be involved in your lives.

Of course, through all of this you need to assert that the drug test was either a false positive or most certainly not YOUR drug test because there is no way that could have been you, assert that you want the case dismissed yet you will consent to having an INDEPENDENT drug lab do a follicle test to confirm.

Still, as a last resort, since your kids were never harmed or neglected, offer that you'll agree to six months of home visits and periodic drug tests to confirm you are clean, that all is well, but the children are safe at home with you, always have been, always will be. If they balk at that, then consider offering that the kids go home with mom *UNTIL* you've had three consecutive clean tests, then you can move back in. Don't let them be the only ones who come up with the solutions/case plan. Negotiate with them. Say, "you're absolutely right that my kids need to be protected, so let them come home, you can check with them and make sure everything is fine, but they were never at risk of being harmed, are NOT at risk now that we've stopped using altogether, an will NEVER be at risk because of illegal drug use ever again."

(BTW, not that anybody asked my opinion, but as long as the federal government considers marijuana an illegal drug, it is still illegal, no matter how many states vote it in as legal, cities permit dispensaries, or law enforcement officers turn a blind eye.)
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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