by Attorney Eric D. PuryearIn cases where a parent is accused of drug use – and even in many cases where there is no such credible accusation – Iowa DHS (HHS) often “requests” that a parent take a sweat patch drug test. The word “request” is in quotes, because in reality DHS/HHS often demands the drug test and does so while threatening to remove a child from the home if the parent refuses.
In a perfect world, sweat patch drug tests would be 100% accurate, only showing a positive result when a person has used drugs. Unfortunately, the sweat patch drug testing employed by Iowa DHS is far from perfect. There are many factors that can result in a person getting a positive test result. These include contamination of the sweat patch at the time it is applied. Such contamination can occur when the sweat patch is removed from it’s packaging and handled by the person applying it. Since many drug testing sites in Iowa are in areas where individuals are using drugs nearby, such contamination is quite possible. In a recent case, I called an expert witness to testify about how such contamination would explain the positive test result of a client who was adamant that they had not used drugs despite the positive test . Indeed, the same client tested negative on repeated urine and hair drug tests taken at the same time, further showing the issues with Iowa HHS’ sweat patch testing.
Any parent who is accused by Iowa of drug use should consult with an attorney before taking any action. That is because there is no one-size-fits-all answer regarding drug tests. Sometimes, after carefully considering the situation, I recommend that a client decline the DHS/HHS drug test. In other cases, the facts convince me that cooperating with that drug test “request” is the best course of action. In still others, I advise a client that it is best to obtain our own independent drug test, with or without a DHS drug test too.
The attorneys at Puryear Law have represented clients in numerous appeals of Iowa DHS reports and in Child in Need of Assistance (CINA) cases, since the year 2010. If you are accused of drug use by Iowa DHS, the help you need is just a consultation away.