False Positive Drug Screen

Summary

False positive drug screens can have serious implications in child custody cases. In West Virginia, parents have the right to access drug testing records and can challenge false positives by requesting retests and providing evidence such as prescriptions. Dissatisfaction with legal representation can be addressed by seeking advice from another lawyer, lodging a complaint with the West Virginia State Bar, or hiring a new attorney. Emotional damages for Intentional Infliction of Emotional Distress (IIED) can be pursued, and legal recourse for wrongful removal of a child is available. Consulting a child custody lawyer and a therapist for trauma support is recommended.

Full Conversation

My child was removed because of Allegra D and Prevacid false positives on my urine screen they sent it off and of course it showed it was not positive- they asked me to submit a hair follicle knowing it would be positive bc I had turned in 7 months of my prescriptions the day they took him- so it prolonged the process- I agreed to the hair follicle knowing I was clean, not thinking I would fail, I of course did for multiple substances due to medications but my send off screening showed it was not positive and they returned my child * weeks later. My child had severe Anxiety and Autism and Disruptive behavior disorder, sensory processing disorder, amoung other things that he shouldn’t have ever been removed from my care. Change is hard for him. This caused IIED for both of us. Trauma. Nightmares. We are both still suffering. I lost a Doctor over this whole thing. I am now a “non-offending” parent in the case but they refuse to give me any of the drug tests I took which were on Feb * Feb * hair follicle (I have that) Feb 20th Feb 21st Feb 26th Feb 27th Feb 28th Feb 29th March 1st March 2nd March 3rd March 4th (each of these tests had immediate results and send off results as well) I have paid one lawyer *.* to tell me it would cost *,* to take my case and I’d lose. (This was before my first test came back she still thought I was an active user no one believed me at this point) I was given a court appointed attorney who completely SUCKED and did not defend me. He wouldn’t give the judge my blood test results that I did myself that were * panel and included the drug I was accused of using mainly. He wouldn’t accept a letter from my Pastor to give the judge, told me “He don’t want that-I still have it to this day.” I ended up firing him and paying another lawyer $*.* to defend me and he didn’t show up to my first hearing and didn’t even tell me he wasn’t coming. I’ve asked him SIXTEEN times over multiple communication channels about getting my drug tests for me with no response. Now it’s to the point he’s not even sending me my court papers after a hearing. He was hired on Feb 29th and my child was signed over to me on Feb. 28th (we didn’t find out until March 4th) I found out luckily through my son’s therapist. My next court date wasn’t until April *. The most ironic part of all of this is the chain of custody on this hair follicle, Collected on: Feb * Received on: Feb * Reported on: Feb. * So why wasn’t it reported at my Feb 21court hearing or my Feb 27th court hearing? It was reported late night Feb * AFTER my court hearing. Children taken because of prescriptions HAS GOT to stop!!
I'm sorry to hear about your situation, ****. Could you please tell me which state this is happening in so I can provide relevant legal information?
West Virginia
I'm very sorry to hear about your situation, ****. Here are some legal points that might help:
- West Virginia law requires drug testing records to be shared with parents in child custody cases.
- You may request a new attorney if you're dissatisfied with your court-appointed one.
- In West Virginia, parents have the right to independent medical examinations.
- Complaints about an attorney's conduct can be made to the West Virginia State Bar.
I pay for my lawyer
If you're unsatisfied with your paid attorney's service in West Virginia, you may:
- Seek advice from another lawyer.
- Lodge a complaint with the West Virginia State Bar.
- Consider mediation or arbitration for dispute resolution.
- Terminate your agreement and hire a new attorney.
This drug screen was a false positive drug screen
I'm sorry to hear about your situation. False positive drug screens can affect a case seriously. In West Virginia:
- You can challenge the results.
- Request a retest.
- Gather evidence like prescriptions that could explain the false positive.
- Consult a lawyer to guide you through the process.
It caused my child to be removed from my care
I'm sorry to hear that, ****. In West Virginia:
- You can file for an appeal if you believe the decision was unfair.
- Support your claim with evidence to improve your chances.
- Consult a child custody lawyer for appropriate legal guidance.
My child is back with me now but that doesn’t fix what happened
I'm sorry to hear about your distress, ****. In West Virginia:
- You may consider seeking emotional damages for Intentional Infliction of Emotional Distress (IIED).
- Consulting with a lawyer experienced in child welfare issues could be beneficial.
- There may be resources available to help your child cope with the trauma experienced.
I want justice
I understand your desire for justice, ****. In West Virginia, you may:
- File a lawsuit for malpractice against your attorney.
- Seek damages for wrongful removal of your child, if evidence supports this.
- Continue pursuing emotional damages for Intentional Infliction of Emotional Distress (IIED).

Please consult with a legal professional.
For my child and for me and what they put us through
I'm sorry for what you and your child have been through, ****. In West Virginia, you may:
- Seek legal recourse for the trauma caused by wrongful removal.
- File a lawsuit for malpractice against the medical professionals involved.
- Also, consulting a therapist to address the trauma may be beneficial.
Please seek professional legal advice.