Re: Drug Testing in Child Protection Cases

[FrampD@xxxxxxx]

     I guess that this is a true test of whether a community can operate in
the area of child protection as a multi-disciplinary team.  South Carolina law
has clearly identified substance abuse as a major risk factor for children and
families; most of the service providers in our treatment or placement plans
are either state agencies or under state contracts; we have had many "round
tables" about information sharing and, yet, we still have some friction points
in our delivery of services for the chemically dependent.  It is important for
us to recognize that protective services workers are dependent on the service
provider for information, and that substance abuse treatment records are
subject to the highest level of confidentiality under federal law.  I would be
interested in how other jurisdictions solve this inter-agency conflict.  
     In Charleston, when we present a treatment/placement plan to the Court in
cases involving substance abuse, we always ask the Court to order the
following:
1.     Restrain the addicted person from the use of alcohol, any illegal
substance, or any prescription medication not in strict compliance with the
prescription;
2.     Allow the social services department or the placement relative to
refuse or terminate visitation if the addicted person shows up under the
influence;
3.     Require the addicted person to undergo an assessment for substance
abuse treatment (we follow the guidelines for treatment promulgated and
available from the American Society of Addictive Medicine) and to follow all
recommended treatment to successful completion, including aftercare and
attendance at support groups such as AA or NA;
4.    Require the addicted person to undergo random chemical testing for the
presence of drugs or alcohol, submitting to the test within 12 hours of the
request, with DSS, the Guardian, the Court, and any other service provider
having the ability to request a drug screen.  We do not specify urinalysis and
use a variety of tests, including Breathalyzer, Datamaster, urinalysis, and
hair.
5.     If the children are of appropriate age, we refer them to a support
group for children of addicted families (ALATEEN, ALATOT, etc.)

       If the addicted person flunks any part of this treatment plan, they go
to jail for a brief period of time for contempt of court.  The second time,
they can be jailed for up to a year.