What Are My Options If DCFS Plans to Re-Remove My Child for Testing?

Question from jed, What Are My Options If DCFS Plans to Re-Remove My Child for Testing?

Answer from AI:

Why DCFS May Require Continued Testing

Even though you have never tested positive and there is no allegation of substance abuse, DCFS can still require regular drug testing as a condition of reunification. Under Utah law the agency’s primary duty is to protect the child’s safety and well‑being. A testing requirement is often used as a preventive measure—it shows the parent is willing to cooperate and provides a documented record that no illegal substances are being used. The agency may view a missed or delayed test as a potential risk, regardless of past results.

What the Law Says

• Utah Code § 78A‑6‑101 gives DCFS broad authority to make “reasonable inquiries” and to set conditions for reunification, including drug testing.
• In re Adoption of J.L., 2015 UT App 140 (Utah Court of Appeals) affirmed that the state may impose conditions that are not directly tied to a specific allegation, so long as they are reasonably related to the child’s safety.
• The agency must follow due‑process requirements: you are entitled to notice of the condition, an opportunity to be heard, and a fair chance to comply.

Immediate Steps You Can Take

1. Document Everything

   • Keep copies of all emails, texts, and written notices from DCFS.
   • Record dates, times, and the content of phone calls, noting who you spoke with.

2. Request a Formal Written Explanation

   • Ask the case worker to provide the specific statutory or policy basis for the testing requirement and the deadline for compliance.
   • Request a copy of the “case plan” that outlines all conditions for reunification.

3. Propose Reasonable Alternatives

   • Offer to provide a urine sample at a location closer to your workplace or home, if the lab permits.
   • Suggest a schedule that aligns with your days off or a shift change, and ask for a written accommodation.

4. Seek a Hearing

   • Under Utah Code § 78A‑6‑110, you have the right to request an administrative hearing before a neutral decision‑maker if you believe the condition is unreasonable or being enforced improperly.
   • Submit a written request for a hearing within the time frame indicated in the notice (usually 10‑15 days).

5. Consult an Attorney

   • A family‑law attorney experienced with DCFS cases can help you file the hearing request, negotiate accommodations, and protect your parental rights.

Potential Outcomes

• Accommodation Granted – The agency may modify the testing schedule or allow a different testing method (e.g., saliva or hair sample) that fits your work constraints.
• Compliance Required – If the agency insists on the original schedule, you may need to arrange transportation (e.g., rideshare, public transit) or adjust work hours temporarily to avoid jeopardizing reunification.
• Hearing Decision – The hearing officer could find the testing condition unreasonable and order a modification, or could uphold it, in which case you would need to comply or risk the child being placed back in foster care.

Why Legal Help Is Important

The statutes give DCFS wide discretion, but that discretion is not unlimited. An attorney can:

• Identify whether the testing requirement is arbitrarily applied or discriminatory.
• Argue that the condition is not the least restrictive means of protecting the child.
• Ensure that any hearing follows proper procedural safeguards.

Helpful Resources

• Utah Code – Child Welfare (Title 78A, Chapter 6) – a comprehensive view of the agency’s powers and parental rights.
• Utah Department of Human Services – Child and Family Services – provides information on case plans, reunification requirements, and how to request a hearing.

If you feel the testing requirement is being used as a punitive measure rather than a safety safeguard, promptly seek legal counsel and exercise your right to a hearing. Protecting your parental rights while ensuring the child’s best interests often requires both clear documentation and professional advocacy.