Can I Sue for False Positive Drug Tests in Foster Care Cases?

Question from Av, Can I Sue for False Positive Drug Tests in Foster Care Cases?

Answer from AI:

If you believe that false positive drug tests have contributed to the potential loss of your parental rights, you may have grounds to take legal action. Here’s a general overview of the steps and considerations involved in such a situation.

Understanding False Positive Drug Tests

False positive drug tests can occur for various reasons, including:

• Cross-reactivity with other medications
• Laboratory errors
• Contamination of samples

Given that you have evidence from hair follicle tests and other drug tests from your therapist or drug counseling treatment, you may be able to challenge the accuracy of the drug tests conducted by Ever Health Drug Test Screening.

Steps to Take

1. Gather Evidence: Collect all documentation related to your drug tests, including:
   • Results from hair follicle tests
   • Results from other drug tests conducted by your therapist or drug counseling treatment
   • Proof of medication and treatment, such as your monthly shots
2. Consult with a Legal Professional: Given the complexity of the situation, it is crucial to consult with a family law attorney who has experience with child welfare cases. They can provide personalized advice and help you understand your legal options.
3. File a Complaint: If advised by your attorney, you may need to file a formal complaint against the drug testing company. This could involve:
   • Filing a lawsuit for negligence or defamation
   • Requesting a review of the drug testing procedures
4. Request a Hearing: You may also need to request a hearing to present your evidence and challenge the drug test results in court. Your attorney can help you prepare for this process.

Legal Considerations

In the United States, parents have the right to challenge evidence used in child welfare cases. Relevant laws and regulations include:

• State Laws on Termination of Parental Rights
• Federal Child Welfare Laws

When to Seek Legal Advice

Given the potential impact on your parental rights, it is essential to seek legal advice as soon as possible. A family law attorney can help you navigate the legal system, gather evidence, and present your case effectively.

Resources for Self-Help

If you need additional information or resources, consider the following:

• Michigan Legal Help
• Child Welfare Information Gateway

Remember, while this information provides a general overview, it is not a substitute for personalized legal advice. Always consult with a qualified attorney to discuss the specifics of your case.