Hospital hair tested a minor for drugs without parent consent & results used by DFS in removal of child. Is this legal?

Hospital hair tested a minor for drugs without parent consent & results used by DFS in removal of child. Is this legal?

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A friend’s child was burned (7% TBSA) in a house fire the child accidentally started. The child was saved by his parent from the fire. Only one parent was home at the time. The child was treated and stabilized in local hospital and then transferred to another hospital with a burn unit, where this second hospital tested the child’s hair for drugs (without consent of parents), and then shared the results with DFS, which served as basis of grounds for removal of child from parent’s custody and placement into a relative’s care. Parents have cared for child without incident, until house fire, and do not know how drugs were found to have ever been in child’s system. Parents love and care for their kid, but are not perfect by any means. DFS removed the child and a battle has ensued. DFS demands parents submit to random drug testing, home inspections, meetings, participation in silly, useless parenting classes, and all this despite the injuries having been accidental. I know well that the child’s parents never allowed their child to use drugs, nor allowed drugs around their kid. Child is loved and well-cared for, as has been the case since birth. Really. Is this a legal removal by DFS, considering the hair strand testing was without parents’ consent and absent medically necessity? Can parents get their child back without enduring more difficulty and strife at hands of DFS? I am just a friend who has always loved the child, and I miss seeing him terribly. I cannot imagine how this hurts them, or begin to realize how the child must feel. I keep going back to case law of Charleston v. Ferguson. If this applies, why is it necessary to go so far with court proceedings to end this senselessness and return the child to their loving arms and home comforts? Any thoughts would be appreciated and shared with parents. Thank you.

 

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Posted by (Questions: 1, Answers: 0)
Asked on June 29, 2017 7:38 am
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State and county child is in.: Arkansas, Miller, Pulaski, then Hot Springs
What Safety threat were you accused of.: Inadequate supervision
How long has your child been in the states care?: 2 months
Are your parental rights about to be terminated?: Unknown.
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