In certain abuse-and-neglect cases, courts may require parents to pass drug tests before children return home, with the department paying testing costs.
A court may require parents in certain abuse-and-neglect cases to pass a drug test before a child returns home under department supervision.
When a parent living with a returned child initially tests positive, the department must quickly notify the court and parties while confirmation is pending.
Required testing must confirm positive results in a laboratory, and the department must pay the reasonable costs and share confirmed positives immediately.
A court may require a parent to take and pass a drug test before returning a child home under department supervision. This applies when a parent was found to have abused or neglected the child and controlled-substance use contributed to the child's removal, or when credible evidence suggests the parent may still be using controlled substances. The test may cover controlled substances reasonably suspected by the court or the Department of Human Services. The parent must successfully pass the test before the child is returned under this provision. The testing must occur before the child is returned home under department supervision; the printed act says it takes effect 90 days after passage, on June 12, 2026.
The department must immediately notify the court, the guardian ad litem, and all parties when a parent initially tests positive. This covers either parent living in the home where the child has been returned when the result involves a suspected illegal substance, a substance ordered for testing, or a substance previously detected without a current prescription or medical cannabis card. The notice is made while laboratory confirmation is still pending. After notice of an initial positive result, the court may tentatively schedule a hearing about the possible effect of later confirmation on its disposition order. The department must give notice immediately after receiving the initial positive test result.
The department must obtain laboratory confirmation of every positive result and must pay the reasonable, necessary testing costs. These rules apply to drug testing required under the child-return provision, including confirmatory and medical testing. The department must provide each confirmed positive result to the court, guardian ad litem, and all parties upon receipt. The department bears the costs even when testing is confirmatory or medical in nature. The confirmed result must be provided immediately after the department receives it.
No hearings or votes scheduled.