(1) DCS
employees may request a drug screen from an individual when reasonable
suspicion of alcohol abuse, illegal drug use, or abuse of legal drugs exists.
Examples of reasonable suspicion include, but are not limited to:
(a) A DCS employee witnesses observable
behavior such as direct observation of drug use or alcohol abuse, possession of
a drug or underage possession of alcohol, or the physical symptoms of being
under the influence of a drug or alcohol;
(b) The individual exhibits a pattern of
abnormal conduct or erratic behavior;
(c) The individual is a suspect or has been
convicted in a criminal investigation involving drug possession, drug use, drug
distribution/trafficking, or alcohol abuse or has been recently arrested for a
drug-related charge or charge involving the abuse of alcohol;
(d) A DCS employee learns information
indicating the individual may have tampered with a drug or alcohol screen on an
open or recent case;
(e) The
individual has drug paraphernalia in his or her possession or in the
home;
(f) A DCS employee has reason
to believe that the individual is enabling drug use or alcohol abuse;
(g) The individual's social media contains
evidence suggestive of alcohol abuse or drug use (e.g., pictures of individuals
appearing intoxicated); or
(h) A
DCS employee receives information, from a reliable and credible source or that
is independently corroborated, that the individual is using drugs or abusing
alcohol or that any of the above-listed factors exist.
(2) DCS employees may request a drug screen
from a household member of an individual when reasonable suspicion of alcohol
abuse, illegal drug use, or abuse of legal drugs exists, and the household
member is known or suspected to be a caregiver or has unsupervised access to
the child.
(3) DCS employees may
request a drug screen from an individual to comply with a court
order.
(4) DCS employees generally
do not request a drug screen when:
(a) The
individual is already being randomly drug screened within the context of
probation or substance use treatment, and both of the following are present:
1. DCS has access to records of the
individual's drug screens; and
2.
There is no reasonable suspicion the individual has recently relapsed or
tampered with the screen.
(b) The individual is receiving inpatient
care (e.g., hospital, substance use treatment provider), and both of the
following are present:
1. Drug screens are
provided as part of the individual's care; and
2. DCS has access to records of the
individual's drug screens.
(c) If the DCS Child Protective Services case
revealed no evidence of substance use, and the case is preparing to close as
"No Services Needed" or "Unsubstantiated."
(d) Nothing in this paragraph (4) prevents a
DCS employee from conducting a drug screen on an individual if reasonable
suspicion exists.
