Florida Drug Testing Law 2021

 

The state government of Florida does not require every employer to conduct a drug test on its employees. The state law does not prohibit pre-employment drug testing, random drug testing of employees.

Private employers can adopt employee drug tests if a suspicious situation arises. They are limited to their freedom. The drug testing laws in Florida depict that there should be a determining cause behind a drug test that should not threaten the privacy and peace of the individual.

CPS/Child protective services drug testing laws in Florida

CPS in Florida might not require a drug test unless you have drugs at home or consuming drugs that might threaten your child’s livelihood. Anyone can report to the CPS if they notice any sort of child abuse, and if the caseworker finds it suspicious, he might require a drug test.

Parents using drugs will affect the family directly or indirectly. It could lead to mistreating the children and even loss of life. The primary role of CPS in Florida is to protect the children from drug addict parents or guardian and to provide a safe environment until that particular parent completes the treatment and pass the drug test.

The CPS drug test for parents might include collecting biological samples from the suspected parent, such as urine, saliva, hair, sweat, and breath. Drug and alcohol testing does not provide enough pieces of information about child mistreatment. So the CPS may collect self-reports, clinical testing, mental-behavioral testing, and observations of behavioral indicators.

Parents having a history of consuming controlled substances may have to take treatment to make them capable of taking care of children. Such parents have 3-years to complete the child abuse treatment. Failing to meet the child abuse treatment may attract parental rights termination.

Circumstances that considered as child abuse

• Manufacturing restricted drugs in the presence of a child is considered child abuse. It also includes if the environment is a child living premises.
• Exposing a child in the same room as the chemicals, equipment used for preparing drugs are stored.
• Exposing a child to a drug/alcohol sale and selling it to them.
• Using controlled drugs disrupt the caretaker's ability to give continuous care to the child.
• Exposing and involving a child in a drug sale or distribution.

Newborn drug testing laws in Florida

Florida does not require pregnant women and newborns to take a drug test. While in some states where the medical professional could report if they found that the pregnant mother is doing drugs, Florida does not require them to report.

The law allows the medical professional to take drug tests only if the mother admits to drug abuse. In Florida, substance abuse during the time of pregnancy is not a specific crime on its own. But Florida law considers it as child abuse, and there may be chances that the mother may be prosecuted for the crime. If the test comes out positive, the infant might be removed from the custody of the parents.

The Child Abuse Prevention and Treatment Act necessitates every state to follow the child protection program for the sake of substance-exposed children’s mental and physical health.

Consuming illegal drugs or alcohol may cause harm to the infant's health. It may cause normal development and can cause long-term or short-term effects for the children, such as low birth weight. The suspected parent may have to stay longer postnatal in the hospital.

Medical exceptions - Mothers who are tested positive under medications are accepted innocent under certain circumstances. Illegal practices like taking illegal drug dosages and consuming at weekends are not tolerated and considered drug abuse.

Impact on the infant’s health - Medical screenings and withdrawal symptoms exhibited by the infant will identify the women for drug usage. The CPIs must use the information and test results and conclude that the substance is detrimental to the infant's health. Women with a drug history not following the protocols are limited to this phase. CPI suggests a plan of safe care to the parents of substance-exposed newborns. To be precise, the Child protective investigators and the case managers could convince the mother to opt for a safe care plan.

Case managers duties after the plan of safe care

1. Mother's Health care.
2. Infant's Medical care.
3. Mother's substance use and mental state.
4. Family and caretaker's needs.

 

Read more about Pre-employment drug testing laws in Florida