Legal Authority/Introduction

LEGAL AUTHORITY:

• N/A

Drug testing is an integral part of case management for families with a reasonable suspicion of substance abuse.  The following procedure outlines details for the utilization of drug testing and results. 

Procedure

The FSOS:

1. Reviews the request to ensure that there is a reasonable suspicion of substance abuse that requires testing (e.g. DUI, charges related to possession or trafficking, direct observation of paraphernalia, strong collateral information from professionals, etc.).  Due to the costs associated with testing there must be a reasonable suspicion for the need to drug test.

The SSW:

1. Upon FSOS approval for testing, obtains prior to testing a:
1. Court order; or
2. DCBS-1A Informed Consent and Release of Information and Records Supplement;
2. Contacts the service region administrator (SRA) and regional attorney within twenty-four (24) hours if a court order is issued requiring the Cabinet to pay for drug testing;
3. Provides the following information to the adult to be tested:
1. Location of testing site;
2. Date and approximate testing time; and
3. Requirement that they produce a legally valid picture identification at the time of testing;
4. Notifies the adult to be tested that failure to provide legally valid picture identification to the testing site will result in a “Failure to Test” result;
5. Provides a copy of the results to the court when the drug testing is court ordered;
6. Places a copy of the testing results in the case file.

Practice Guidance

• Drug testing requests are documented in the case plan along with specific discussion regarding the possible consequences should the client test positive for substances. 
• All court ordered testing is self-pay unless the court order explicitly states the Cabinet is to pay for the test. 
• Cabinet staff do not make requests to any agency, including the court, for the Cabinet to pay for testing.
• The DCBS-1A-Release of Information is used for release of drug testing results to the court, substance abuse treatment centers, and other related stakeholders as necessary to meet the case plan requirements. 
• Testing results may not be released to any community partner without a DCBS-1A or a court order.