Falsified Drug Test Results

Summary

The user is facing a child custody battle in Tennessee. He alleges that his drug test results were falsified, leading to charges of child abuse and neglect. He has taken multiple drug tests, all of which were negative except for the ones administered by Child Protective Services. He suspects corruption within the system, including potential personal connections between his ex-wife and the caseworker. His lawyer has not been responsive or proactive in addressing these issues. The user is also dealing with his ex-wife violating court orders and causing property damage.

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yes, i filed for divorce in jan. of * when my wife left me for a dope head she met online. Since then its been one huge mess ever since. My ex got CPS called on her and she failed a drug test. CPS contacted me because we were sharing joint custody while the divorce was going on. I was asked if I would submit to a hair drug test and told if I did I would most likely be given custody. I quickly agreed to the testing because I knew I dont do drugs of any kind. The day of testing I was asked if I would allow the children to be tested too, which I said yes and so we were all tested. They say I failed it for meth along with my son Cody, but I know I have never done drugs so I asked my employers to randomly test me and they agreed. I was asked to take a drug test randomly every two weeks, me not knowing what day I would be asked to go until the day they wanted me to go. over the course of 3 months I took * drug test. All of which were negitive. All of which were supervised test. * test being complete physical for DOT because I hold CDL DL. Then after three months I was asked to take another one for CPS. three actually. Hair, urine, and saliva. I passed urine and saliva test on site, but again they say I failed the hair test, yet they did not give me the results of test until day of court hearing and the results looked nothing like the first ones. Now they refuse to let us have the sample back so I can have an experts hair specialist look at it and verify their finding. They have also filed criminal charges against me. I know they faked the results but how can I prove it
What state are you in? This will help me provide the most accurate information regarding your rights and the legal procedures in your area.
tennessee
What is the name of the court where your case is being handled?
hardin county
What is the exact charge that has been filed against you?
child abuse and neglect
What evidence do you have to support your claim that the test results were falsified?

In Tennessee, child abuse and neglect are serious offenses. Penalties can include imprisonment, fines, and loss of parental rights.
Well, the first test results they gave me the donor numbers didnt match up and there were some things that appeared on more than one line. The second one was missing the chain of custody part on both pages and looked nothing like the first. And I passed both the other test taken for them, with my lawyer present at the time of testing. And CPS worker substaintiated the abuse and said I was guilty the same day that I was tested, even though I passed the urine and saliva test for them and theres no way she could have known I failed the hair test, because it has to be sent to a lab first, so she couldnt have known that yet. How can they find me gulity, when we hadnt had the trail yet? when i apealed their findings, the moment my lawyer filed it, they then arrested me and criminally charged me as well
Have you discussed these inconsistencies in the test results with your lawyer and what was their advice?

In Tennessee, you have the right to challenge the evidence presented against you in court.
And they refuse to let the expert I found review the sample. Also, how can I have failed when I passed all test expect the ones cps gave me.
What is the name and contact information of the expert you found to review the sample?
Not to mention, I am I propane gas truck delivery driver that goes in anywhere from * to * homes a day, where my hair could have been contaminated. My employers even wrote a letter stating that and that I have never seemed under the influence of any drugs and I am always at work
What steps has your lawyer taken to challenge the CPS's refusal to release the hair sample for independent testing?
I'm unclear on what steps he has taken, mainly because he doesnt keep good contact with me on things and I'm not completely sure he isn't corrupt as well. I have however decided to go take a nail bed test on my own later this week along with another urine and salvia test. I would have to look through my emails to get you the name of the expect I contacted that said he could help.
What is the name of your lawyer and the law firm they are associated with?
Nicholas Surratt and he works for ben harmin law offices
What actions has Nicholas Surratt taken so far in your case?
He has gotten custody arranged with my parents and I do get to visit the kids now and he has my ex breaking * different court orders and its going to trail.
What are the four court orders that your ex is breaking?
in the original divorce court there was orders put into place while things were going on. She was ordered to not have her boyfriend around the children. Not to have the boyfriend in the home, which I own. She was suppose to move out of the home by jan. 10th of this year so the house could be sold and she is still there. And now they have her for purposely flooding the home, which I have proof of. Which I was told she would be arrested for but that hasnt happened yet either
What proof do you have of her purposely flooding the home?
My children told their therapist that they heard my ex and her mother talking about it and so the therapist told my parents. then sure enough I get a *.* water bill because I am still paying the bills there, and so I ask them could they go check on it and they did and said there was no leak outside and meter was wildly spinning so they gave me a printout of the useage and it was over *,* gallons for one month and one day it would be a couple of hundred gallons then sky high for a few days, then back to normal again. She also told the court that the house was unlivable and had mold and saying i did it just a few weeks before in court
My children told their therapist that they heard my ex and her mother talking about it and so the therapist told my parents. then sure enough I get a *.* water bill because I am still paying the bills there, and so I ask them could they go check on it and they did and said there was no leak outside and meter was wildly spinning so they gave me a printout of the useage and it was over *,* gallons for one month and one day it would be a couple of hundred gallons then sky high for a few days, then back to normal again. She also told the court that the house was unlivable and had mold and saying i did it just a few weeks before in court
Have you reported this incident to the police or your lawyer? It could be considered as vandalism or destruction of property.
yes, police said they were arresting her, then nothing happened. She tried to have me arrested for the water getting shut off saying i didnt pay it, but the water company backed me up and showed were I was up to date on bill and that they shut it off due to exstremly high useage, not for non payment.
What actions did your lawyer take after you reported the incident of the water damage to him?
He said not to pay it and I gave him usage print out along with letter from the water dept.
What was the response from the court when you presented the evidence of the water damage and the high usage printout?
we were suppose to resume court last friday and they said her lawyer had a heartattack and reset it for october. They can not withhold those samples can they? And if they can't produce those samples shouldnt the results be thrown out. Anyone can print a false report up to look real. I know because I done tried it myself.
What steps has your lawyer taken to request the release of the hair samples for independent testing?
None that I know of. he told me to contact the testing place and i did. And they laughed at me and said they had them but I wouldnt be getting those back. they cant do that can they
What is the name and contact details of the testing facility that has your hair samples?
I will have to get back with you on that. I'm at work and its at home
What is the name of the CPS worker handling your case?
Heather Miller. Also when this whole thing started, after i said I would take the test my mother received text messages between my ex and the case worker that states, and I quote, (the caseworker told my ex) "I got your back girl" which was very concerning because it seemed like they personally knew each other. I later found out they went to same school and was only a year apart. I contacted her supervisor and showed the text and expressed my concern and asked for a new caseworker and was completely ignored.
Heather Miller. Also when this whole thing started, after i said I would take the test my mother received text messages between my ex and the case worker that states, and I quote, (the caseworker told my ex) "I got your back girl" which was very concerning because it seemed like they personally knew each other. I later found out they went to same school and was only a year apart. I contacted her supervisor and showed the text and expressed my concern and asked for a new caseworker and was completely ignored.
What actions did you take after your request for a new caseworker was ignored?
Other than tell my lawyer, nothing. I agreed to take the test anyway, which turns out was probley the biggest mistake of my life. but I didnt want it to seem like I was guilty and they said a refusal would go down that i failed anyway. I did however get my employer to test me from that point foward and like I said, all were negitive.
What steps has your lawyer taken to address the potential conflict of interest between the caseworker and your ex-wife?
oh and did I mention from the beginning of this, I dont even live in tennessee anymore. I live in mississippi and have before this whole thing started. but the kids go to school in hardin county tn.
What steps has your lawyer taken to address the jurisdiction issue, given that you now reside in Mississippi but the case is in Tennessee?
Im unsure really, he did bring it up to the judge at very first hearing but nothing was said. And she remains on the case
What actions has your lawyer taken to challenge the validity of the drug test results and the refusal to release the hair samples for independent testing?
Again, unsure. I message him constantly but he rarely answers back and when I ask about somethng he just says he will look into it
Again, unsure. I message him constantly but he rarely answers back and when I ask about somethng he just says he will look into it
Again, unsure. I message him constantly but he rarely answers back and when I ask about somethng he just says he will look into it
Again, unsure. I message him constantly but he rarely answers back and when I ask about somethng he just says he will look into it
Have you considered seeking a second opinion from another lawyer regarding your case?
sorry I have to leave to get a call at work, can we talk again later
sorry I have to leave to get a call at work, can we talk again later
yes, but I dont have the money for another lawyer. I already have two. one for the divorce and one for the cps think
yes, but I dont have the money for another lawyer. I already have two. one for the divorce and one for the cps think