How Faulty Drug Tests Can Affect DCF and Criminal Cases

 Posted on June 04, 2025 in Drug Charges

Drug addiction is a major concern throughout the United States. In recent years, a great deal of attention has been paid to the opioid crisis, because the rates of overdose deaths due to fentanyl and related drugs has skyrocketed. Unfortunately, due to the government’s ongoing "war on drugs," people who suffer from addiction are more likely to face legal consequences than to get the help they need. To make matters worse, some people may face serious penalties due to faulty drug tests even when they have not used drugs or have only used prescription medications that were obtained legitimately.

A positive drug test can affect a person in many ways. Some people who test positive for controlled substances may face drug charges, while others may face investigations from the Department of Children and Families (DCF) that could result in their children being removed from their custody. Representation from a skilled, experienced attorney is crucial to help resolve these cases successfully.

When Can an Inaccurate Drug Test Lead to a Loss of Custody?

People who are investigated by DCF based on suspicions of child abuse or neglect often find themselves facing an uphill battle. Even when allegations are false, parents will often need to meet multiple requirements to show that they are capable of providing the care their children need while protecting their safety and well-being. Unfortunately, DCF may make decisions based on faulty data, and parents may struggle to overcome assumptions and avoid having their families torn apart.

On recent case in Georgia illustrates the serious nature of these cases. A woman who was accused of child neglect had her newborn daughter removed from her home by child protective services. Even though she received negative drug tests from her OB-GYN and from a drug court, a positive test conducted by DCF came back positive, and this led her to lose custody of her daughter. However, even the tests conducted by DCF were inconsistent; a urine test was negative, but a hair follicle test showed that she had methamphetamine in her system.

The positive tests in this case were conducted by Averhealth, a company that provides lab testing services nationwide, working with child protection agencies in over a dozen states. This company has faced scrutiny due to a whistleblower complaint from a former lab director, who stated that up to 30 percent of the tests performed by the company were unreliable. The company has faced investigations that have affected its accreditation, and it settled a false claims lawsuit with the U.S. Justice Department. While some child protective agencies have ended their contracts with Averhealth, others continue to rely on its drug testing services.

This is just one example of the injustices faced by people who are accused of illegal drug use or substance abuse that may put their children at risk. There have been multiple other cases in which unreliable drug tests have led to the loss of custody for parents. In some cases, hospitals have performed drug tests after childbirth and reported mothers who test positive, even though the drugs in question were administered at the same hospitals during labor and delivery. Without adequate checks in place to ensure the accuracy of tests and information reported to DCF, parents may face penalties that could affect them and their families for years to come.

Contact Our Hartford Drug Crime Defense Lawyers

Because of the serious consequences that may affect people who are charged with the illegal use of drugs, representation by an experienced lawyer can be crucial when dealing with these accusations. At Woolf & Ross Law Firm, LLC, our Connecticut drug crimes attorneys can help defend against drug possession or other related charges, and we can assist with other legal matters, including cases handled by DCF. To get legal help as you address the legal issues surrounding drug tests, contact us at 860-290-8690 and schedule a free consultation.