(Revision. 2/1/16)
AS 47.10.011 Children in Need of Aid
AS 47.10.086 Reasonable Efforts
Drug testing is one tool that is used as part of Safety Assessment and case planning. Choosing to implement drug testing for parents should be part of an integrated plan to assess child safety, readiness for treatment, and to deter and monitor individual substance abuse.
The department shall make timely, reasonable efforts to provide family support services to the child and to the parents or guardian of the child that are designed to prevent out-of-home placement of the child or to enable the safe return of the child to the family home, when appropriate, if the child is in an out-of-home placement. The department's duty to make reasonable efforts under this subsection includes the duty to:
identify family support services that will assist the parent or guardian in remedying the conduct or conditions in the home that made the child a child in need of aid;
actively offer the parent or guardian, and refer the parent or guardian to, the services identified under (1) of this subsection; the department shall refer the parent or guardian to community-based family support services whenever community-based services are available and desired by the parent or guardian; and
document the department's actions that are taken under (1) and (2) of this subsection.
While drug testing is a useful tool for assessing sobriety, a positive drug test in and of itself is not the sole indicator that children are unsafe. Positive drug tests should be viewed as indicators that the treatment plan needs adjusting, rather than proof of treatment failure. Drug testing should not be used punitively, nor should visitation be cancelled solely as a result of a positive test. Safety factors and how current drug use and abuse relate to them are the primary factors for allowing or cancelling visitations. It is also inappropriate to use drug testing as a safety intervention or a safety action; negative tests are not an indicator of overall recovery.
When to test: The decision to test will be made between the Protective Services Specialist (PSS) and the PSS IV. Drug testing may be appropriate under the following circumstances:
court order requires that the individual submit a drug test, or that OCS designate a schedule for ongoing tests to be completed;
as part of an integrated plan to assess the child’s safety;
to access the individuals readiness for treatment; or
to deter and monitor individual drug abuse, providing positive reinforcement through early recovery.
Drug testing may not be appropriate when:
the parent is currently in active treatment where drug screening is an active component;
when the individual informs you of a relapse. In cases of relapse, the assessment of safety and risk in the context of the child’s well being should be conducted; or
when the individual is being drug tested through another agency (e.g., probation) and OCS has a release authorizing to receive the results.
If an individual is not participating in the drug testing, OCS will reevaluate the need for ongoing tests.
For ICWA children, Active Efforts will be made to support the parents and assure that they are able to engage in services. Active efforts may include providing transportation or working with the parents to attend drug testing appointments.