Are You Required to Take a Drug Test for DCFS in Illinois?

Mar 25, 2024 | Family Law

Are you facing a Department of Children & Family Services (DCFS) investigation in Illinois and worried about a drug test? It’s a common concern among families and individuals facing inquiries from DCFS. This part of the process can seem intimidating, especially if you don’t understand your rights or what to expect. Contact an experienced DCFS Attorney for representation.

Can DCFS Order You to Take a Drug Test?

DCFS cannot make you take a drug test as part of a child safety investigation. DCFS provides a clear outline of clients’ rights and responsibilities, and those rights include:

  • The right to make an informed choice of services
  • The right to consent to or refuse services
  • The right to know the nature and purpose of proposed services
  • The right to refuse services and receive information on the consequences of refusal

Should You Take a Drug Test During a DCFS Investigation?

While you do not have to take a drug test as part of a DCFS investigation, whether you should take the test is a separate matter. DCFS investigators can use your refusal to take a drug test as evidence in their investigation, which could hurt your case to keep custody of your children. On the other hand, a failed drug test could also hurt your case.

The best thing you can do to protect your rights in this situation is to contact an experienced attorney. They can explain the process of a DCFS investigation in greater detail and advise you throughout the process.

What Happens Once DCFS Completes an Investigation?

When DCFS wraps up an investigation, families face one of two main outcomes: the report can be “unfounded” or “indicated.” If a report is unfounded, it means that the investigation did not find credible evidence of abuse or neglect. Families can breathe a sigh of relief after an unfounded report but should also understand that the report will stay on record for a minimum of five years.

On the flip side, an “indicated” finding means investigators found credible evidence of abuse or neglect. This finding can lead to serious consequences, including the potential for children to be placed under protective custody. However, it’s important for parents to know they have rights in this situation. They can request an administrative appeal within 60 days to challenge the findings, and the appeal process includes a hearing before an Administrative Law Judge. Parents can also appeal the judge’s decision, though they should work with an attorney to maximize their chances of a successful resolution.

Contact a Rockford, IL, Family Law Attorney Now

A DCFS investigation is a serious matter, and you must act quickly to protect your rights and keep custody of your children. Attorney Bradley R. Tengler has extensive experience handling family law issues in Rockford, Illinois, including DCFS investigations. Our firm believes knowledge is power, and we can provide you with crucial information and support through this challenging process. Our goal is to help you understand the ins and outs of drug testing requirements by DCFS so you can handle the situation with as much ease and confidence as possible.

Contact the Law Office of Bradley R. Tengler today for a free initial consultation.