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Category: Family Law
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Experience:  30 years as a family law lawyer .
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the state of georgia dfcs, on the tip of a phone call, took

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the state of georgia dfcs, on the tip of a phone call, took my daughters children away, demanded a drug test on the spot, without a court order, is this a violation of her rights?
Thanks for your question. They have the right to require a drug test. If she refuses they consider it a positive test. I can understand why this may seem overwhelming but where children are concerned they have the authority to order it.

They require a hair follicle test. This has a longer period to be able to detect drugs. Here is some information below about such tests. If she took the test an passed then they close their files. It is within their eights as it falls under neglect if they are under the influence while caring for children.

Here is reference about the test..


http://www.ipassedmydrugtest.com/hair_drug_test_FAQ.asp



Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.












Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.

Customer: replied 8 years ago.
thank you for the reply. she passed the tests. you see, a call was made to georgia dfcs, they came to her door, TOOK the kids, and began an investigation. I talked to the investigator in Ga., she said thats as long as a phone call is credable, we can do this. What they base credibilty on in a phone call is beyond ,e. There were no extigent circumstances, no substantiated claims, and now, after one week, after checking with the school, talking with the kids, all in favoracble reports, the kids are still not home. In new york, where I live, I have talked with a childprotective worker, and at least here, the investigation takes place BEFORE children are removed, and, or, if circumstances of FLAGRANT abuse is witnessed and assesed by the dfcs worker. There seems to be a rush to judgement, and a violation of her rights here.
Well I have worked in social services for at least 15 years. You cannot know what they have here or not in terms of evidence because they won't tell you. i can understand and sympathize here with the problem. But the law is totally slanted in protection of the children. If she passes they will return the children.

The hair test has a long period of residue. If she is clean they have to return the kids and reunite. At least for a moment consider that sometimes the truth is in the middle. Maybe they have some other information of some other basis to substantiate requiring a test here. I am not trying to tell you that she is guilty. But know that often ther can be some other evidence that you have no clue about. The test won't lie here.Again I am sorry for her situation and I hope it turns out ok and she gets the kids back..




Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.

Customer: replied 8 years ago.
well thanks, XXXXX XXXXX we will wait and see, but I talked with the investigator, and she said that she can tell me the only thing they had was a phone call, I reminde her that sometines people use these things as a club, to seek whatever , maam, or sir, respectfully, XXXXX XXXXX innuendo and speculation, I can call a dfcs office, say I witnessed mr or mrs x smoking weed, and thier children are immeadiately removed>? this sounds dragonian at worst and harmful to the kids at best. further, I can say that alcohol abuse is going on, verbal assaults, etc and the kids are removed prior to a hearing or investigation?? It seems to me if egregious activity was taking place, why was not my daughter charged criminally? I see it is 90 days for a hair sample to come back, so, when it comes back negative, what is done to help the children with the emotional upheavel while being taken away from the parent? who explains to kids that all of this was unwarranted? Who helps then recoup??????
I hear what you are saying. i have no way of knowing what evidence they have here. I can tell you that in Texas we would not remove without some more coraberating evidence. If this is truely all they have then I agree with you that they have abused the laws here in your state.

The reality is that the children will need help to understand what has happened and help them deal with it here. As far as crimes here wait unitl the test comes back. If it did come back positive then there might well be criminal charges here. I hope that you are correct and it turns out negatively. Good luck to all..\

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.



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