One common issue we see in dependency cases is parents switching from one substance to another instead of actually addressing the root problem.
- A parent may test positive for methamphetamines, then obtain a prescription for amphetamines and claim it explains their results.
- Someone using marijuana may suddenly claim they were only using a “legal” Delta-8 or Delta-9 vape purchased at a gas station.
- Others stop using one drug, only to start drinking alcohol heavily—and then fail an alcohol hair follicle test.
This kind of “substance swapping” doesn’t fool the court. Judges and DHR want to see real progress—not just replacing one drug with another.
If a parent has a drug problem, the expectation is not just that they stop the illegal drug, but that they get into treatment or counseling to deal with the underlying addiction. Simply substituting one substance for another is not considered progress.
Another common excuse is when parents say a doctor told them to use THC or CBD products. If that is going to be the defense, then it needs to be backed up with actual medical documentation in the parent’s records. In my experience, no parent has ever produced a legitimate medical record showing a doctor or pharmacist recommended THC or CBD products for treatment. Without proof, that defense carries little weight in court.
The bottom line: If you want your children back, excuses won’t cut it. The only way forward is to stop using drugs and alcohol, get clean tests, and follow through with recommended counseling or services.
Facing a Dependency Case?
Juvenile court can feel overwhelming, especially when the state is involved in your family’s life. If you or someone you know is dealing with a dependency petition, it’s important to have an experienced advocate on your side. Contact Hayden G. Sizemore, Attorney at Law, LLC for guidance and representation in juvenile court matters.