Can we refuse a drug test from the DCF? 4 Answers as of July 26, 2011

Someone who had their child taken by DCF has called them on my family with false accusations of child abuse, neglect, drug dealing and use. We have proof of who it is and the reasons why they are doing this which is in retaliation because we are friends with her sister who would not lie to the case workers about the drug use. What should we be doing? We are tired of the harassment from this ordeal that we had nothing to do with. The person who called DCF on us called it on everyone in the neighborhood that wouldnt help her get her child back including her sister and niece. We have nothing to hide nor are we drug users but we will not put up with DCF wanting us to take drug test and wanting to see how we interact with our child all because some drug addicted mother with a lengthy drug and criminal conviction past wants to find another way to harass us again.

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The Law Office of B. Elaine Jones
The Law Office of B. Elaine Jones | B. Elaine Jones
Yes you can refuse to take the drug test. However, if you do, they may continue with the investigation and the harassment however. I would contact the local state attorney's office (if you can prove the reports on you were malicious and lies of course), and request that they investigate the woman for making false reports to DCF. She can be charged criminally for that if you can prove it and get the state attorney to bring the charges. Good Luck.
Answer Applies to: Florida
Replied: 7/26/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
You should talk with a lawyer about the circumstances and consequences of refusal based on your situation.
Answer Applies to: Florida
Replied: 7/26/2011
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If you do not cooperate with DCF, they could find that to be grounds to remove your children from you. My suggestion is to cooperate, especially if you have nothing to hide. Typically, they will investigate and then close the file if no cause is found. However, they are duty bound to investigate all complaints.
Answer Applies to: Florida
Replied: 7/25/2011
Gutin and Wolverton
Gutin and Wolverton | Harley Gutin
Yes. You can refuse a drug test from DCF. However, if you can pass the test I would recommend taking it. If you cannot pass the test then I would recommend requesting that a hearing be held and I would highly recommend obtaining a lawyer.
Answer Applies to: Florida
Replied: 7/25/2011
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