Discrepancies in Drug Testing Standards Affect Parental Rights

January 6, 2026 - 23:35

In the child welfare system, the threshold at which a drug test is deemed positive varies significantly across different jurisdictions. This inconsistency can have severe implications for parents, especially when it comes to their custody and parenting time. In some cases, a test that is considered positive in one state may not meet the criteria for a positive result in another, leading to confusion and potential injustices.

Despite the critical nature of these tests in determining parental rights, there is currently no industry-wide consensus on how to address these differing standards. This lack of uniformity raises questions about the fairness and reliability of drug testing as a tool in child welfare cases. Parents may find themselves facing restrictions on their parenting time based solely on a test result that, under different circumstances or in another jurisdiction, might have been interpreted as negative.

As the debate continues, advocates are calling for a review of testing standards to ensure that parents are treated equitably, regardless of where they live. The need for clarity and consistency in drug testing is more urgent than ever, as it directly impacts the lives of families navigating the complexities of the child welfare system.