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JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience:  Published articles on family law, featured in several publications for successful trial work.
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Is it true that if dfacs requests a HAIR follicle drug screen

Customer Question

Is it true that if dfacs requests a HAIR follicle drug screen and a urine drug screen, I can refuse the Follicle screening iin GEORGIA. I was told that because it is DNA I could deny them.
Submitted: 8 years ago.
Category: Family Law
Expert:  JPEsq. replied 8 years ago.

well, you are not going to lose your kids over a failed drug screen as a practical matter.

Yes they can take a hair follicle test.


as for what they will do now, probably keep the case open for a little while, then close it. Or they might call the dcs where you live now, if they know. Or they might just keep it open. No telling. But generally you cant outrun your legal troubles. Since they were just investigating you, they will probably see your skipped screen as a failed screen. They might even put out warrant for your arrest, after they issue a summons.


If I were you I would just go back and face the music. Like I said, they arent likely going to take your kids away for 1 failed drug test

Customer: replied 8 years ago.

what I am telling you is that I have NOT FAILED, I went to the place they sent me to, and they had closed for the day, so I was not at fault there. The social worker knows I tried. I moved after this happened. There was no court order, there was only ACCUSATIONS made by someone who obviously was out to get me. I had already planned to move for other reasons. If I had failed the screen, I could see them making things difficult, but that is not the case. Hear say should not be any reason for a warrant to be issued. Also, since the court was not involved and I moved out of GA they have no jurisdiction over me and therefore must close the case. WHEN is the question.


I have no issue with giving them a urine screen, I just feel like it INVADES my privacy when they go to my children's school and talk to them (ages 12 and 6) BEFORE they talked to me. Seems like that should not be legal. One more thing, NO COURT order on the screenings...just was asked to do it to rule out drug use.


Marijuana was the only issue, and only with the follicle testing. I am not a user on a normal basis, just done this a couple times in the last 6 mos. but it would still show up in the follicles.


A friend of mine lost her kids for 90 days due to a failed screen. So you telling me not to worry about losing mine is confusing me. Please explain.


Another atty stated that unless it could be proven that I used marijuana in my childrens presense, it would not matter if I failed anyway?? is that true?


Parents have to have rights I would think. Is there a way to get a copy of what they are?




Customer: replied 8 years ago.

i need the parents rights for ga


Expert:  RayAnswers replied 8 years ago.
Look here is what I would tell you. You can relocate here with your kids. They are supposed to forward any complaints they have over to anywhere they know you are moving. Reality here is that if you are out of their county the caseworker closes it here.

DFCS can count the failure to take a drug test as a positive test here. Whether they do so or not is within their discretion. There is no law on this. It just depends on how they choose to handle this as it is an internal matter.

Relocating here with your children is a great way to get these guys out of your hair here so to speak. Often you can get them off your case by moving. Having worked for social services I can tell you they are primarily interested in closing cases.

If you move they may go through a referral motion if they even know where you went. My advice is to not tell a whole lot of folks here. They don't look real hard. Since you leave their county they are done with you so they are happy.

If you can disappear with your kids for awhile you will be fine. I would not test here if you can't pass. A hair follicle test takes longer for a clear test.

And you are right they can take your children based on a no test or a failed test.

Here is more information about hair follicle testing. You need to know how these work...
Customer: replied 8 years ago.

One more thing before I accept this answer. Since I left the state of GA, I am sure the caseworker has put the case in closed status...but if I move back to GA to another COUNTY....when I enroll my kids in school will it be flagged?? Will thee case be transferred to the new county? I know one a case is closed it can not be reopened unless there are new alligations..... but when someone leaves the state does the case close IMMEDIATELY after they verify the out of state move? I left for two weeks...annd now Im back in GA, and on Monday I plan to re-enroll the kids in school...IN A DIFFERENT county.


AND IS THERE A PARENTS RIGHTS MANUAL?????? I mean the police have to read rights during an arrest....right? They can just pop up at any given time without notice. And the other thing I think is WRONG is that they went to my 6 yr olds school and removed her from class to question her about things she knows NOTHING about. They also questioned my son who is 12. Is that legal???

Expert:  RayAnswers replied 8 years ago.
I have worked in protective services for a number of years and for the other side. Each county deals withthinkgs in their county. they may make a referal or they may not . Honestly once you are out of their county you are off their caseload.

I can tell you from experience that we didn't look real hard here. the secret is to move with the kids before they decide to take legal custody. It is such a simple thinkg to move it was amazing to me that more people didn't just do that. It would truly amaze you how little effort or follow up is put into people that move by a local office.

The further away you relocate the less likely they track you here.Any chance you could go back out of state. You haven't been gone a real long time and one county over isn't very far here so it is a definite possibility. Usually they leave case open for about 30 days so keep that in mind here too. Might be time for a vacation here or relocation.

If they pick up the kids here then you would have serious legal entanglements here with children's services and relocation would not be possible because they will have your kids. I can't give you exact answers here but I can give you a general sense of what they do and don't do here..

Customer: replied 8 years ago.

The thing is, I can go back out of the state if I need to. It just puts a strain on my marriage, and my father is very sick with cancer, and I am the only one he has to take care of him. Believe me, I WILL go to MEXICO before I play russian roullette with my children, After this is over with, I WILL never put mysself in this situation again.

The county I live in is well known for follicle drug screening, and the county I am considering moving to is not. I purchased follicle shampoo before leaving and decided that it was not worth it. Know nothing aboutt them. Any word on that?


If when I move to the next county over, they show up....(usually I am not home during daytime hours) I will leave again. I am not concerned with passing a urine. I can. Its the follicle. (goes back 90 days)


At this point, I have not failed anything, and actually the day I met with the socal worker she sent me to take a drug screen across the street and they were closed for emeergeny purposes....(THANK THE LORD) She knows I went to take it, so I hope me leaving doesnt make it an automatic positve. This was on a Friday that I went and they were closed, so I left Monday morning. I also called and left several messages with her on her voicemail and her supervisors and never got a response. I am just gonna say I was moving anyways because I found out my husband had an affair. She may not believe me, but I really could care less. No different from the person who called with these alligations. She doesnt know what was going on in my life before she came out.


I had a note on my door on Thur., called her the same day, she asked me to come into her office the next day and I did. She sent me to do the test and it was closed. I feel like I complied with what she asked. No court orders or any case plans signed at this point all they have is someones alligations.


Also on Friday (our appt) she went ahead and scheduled our next appt at my home for the 16th (Fri) to meet with me and my husband and the children. My husband was here waiting on her and she never called or showed. I assume she has closed the case after verifying the kids were enrolled in school in another state.


Please send me a site with PARENTS rights for DFCS

Expert:  RayAnswers replied 8 years ago.
Hair folicle tests take the 90 days or so. They are the preferred method here.

Here's su[pervisior's manual. Read their web site. Having worked for the other side here I can tell you we eat, sleep, and live the "manuals". They do everything by their handbooks/manuals here I promise. Read everythign on the web site. I would feel better here if you could lay low awhile somewhere a little further away..
Expert:  RayAnswers replied 8 years ago.
Hair folicle tests take the 90 days or so. They are the preferred method here.

Here's su[pervisior's manual. Read their web site. Having worked for the other side here I can tell you we eat, sleep, and live the "manuals". They do everything by their handbooks/manuals here I promise. Read everything on the web site dealign with children's serices. I would feel better here if you could lay low awhile somewhere a little further away..
Customer: replied 8 years ago.


Well, now u have me worrying about enrolling the kids in school Monday in Ga.

You dont think the caseworker closed it being that she did not come to the appt on Friday the 16th. Have not heard a word from noone from DFCS.


Is there anyway to find out the status of the case?? If its closed....its closed.. right?


You would think that DFCS being as broke as they are they would not be able to afford follicle testing.



Customer: replied 8 years ago.

The website u sent to me will not load. Are u sure this is correct. Could u just attach it in an email?


My number is XXXXX I would love to talk to u, and willing to pay for yor time


Expert:  RayAnswers replied 8 years ago.
I doubt that they're that efficient. It probably is in a too be closed pile on their desk.
If you didn't test here I don't hink they have totally closed it ehre. Not taking a test is usually categorized as a positive one here administratively. So be careful thats all I'm saying. A diligent caseworker left a card at the old school and said if you hear from her call me and if they get a records request from the new school one county over...
Customer: replied 7 years ago.
I just wanted to tell u that I appreciate your help. I am at home with the children, and I have heard not a word. I done what u said, and u were exactly right. Thank u Thank U THANK U!! I dont have to worry anymore, and when anyone knocks at that door...BET YOUR SWEET * I can be CONFIDENT. Lesson learned.

Expert:  JPEsq. replied 7 years ago.

You never did ACCEPT RayAnswers' answer to your question.


If you really want to thank him, that would probably be the best way.



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