Tenn. Comp. R. & Regs. 0250-07-02-.02

Current through June 26, 2024

Section 0250-07-02-.02 - REASONABLE SUSPICION AND REQUEST FOR DRUG SCREENS

(1) DCS employees may request a drug screen from an individual when reasonable suspicion of alcohol abuse, illegal drug use, or abuse of legal drugs exists. Examples of reasonable suspicion include, but are not limited to:

(a) A DCS employee witnesses observable behavior such as direct observation of drug use or alcohol abuse, possession of a drug or underage possession of alcohol, or the physical symptoms of being under the influence of a drug or alcohol;

(b) The individual exhibits a pattern of abnormal conduct or erratic behavior;

(c) The individual is a suspect or has been convicted in a criminal investigation involving drug possession, drug use, drug distribution/trafficking, or alcohol abuse or has been recently arrested for a drug-related charge or charge involving the abuse of alcohol;

(d) A DCS employee learns information indicating the individual may have tampered with a drug or alcohol screen on an open or recent case;

(e) The individual has drug paraphernalia in his or her possession or in the home;

(f) A DCS employee has reason to believe that the individual is enabling drug use or alcohol abuse;

(g) The individual's social media contains evidence suggestive of alcohol abuse or drug use (e.g., pictures of individuals appearing intoxicated); or

(h) A DCS employee receives information, from a reliable and credible source or that is independently corroborated, that the individual is using drugs or abusing alcohol or that any of the above-listed factors exist.

(2) DCS employees may request a drug screen from a household member of an individual when reasonable suspicion of alcohol abuse, illegal drug use, or abuse of legal drugs exists, and the household member is known or suspected to be a caregiver or has unsupervised access to the child.

(3) DCS employees may request a drug screen from an individual to comply with a court order.

(4) DCS employees generally do not request a drug screen when:

(a) The individual is already being randomly drug screened within the context of probation or substance use treatment, and both of the following are present:

1. DCS has access to records of the individual's drug screens; and

2. There is no reasonable suspicion the individual has recently relapsed or tampered with the screen.

(b) The individual is receiving inpatient care (e.g., hospital, substance use treatment provider), and both of the following are present:

1. Drug screens are provided as part of the individual's care; and

2. DCS has access to records of the individual's drug screens.

(c) If the DCS Child Protective Services case revealed no evidence of substance use, and the case is preparing to close as "No Services Needed" or "Unsubstantiated."

(d) Nothing in this paragraph (4) prevents a DCS employee from conducting a drug screen on an individual if reasonable suspicion exists.

Tenn. Comp. R. & Regs. 0250-07-02-.02

New rules filed June 13, 2023; effective 9/11/2023.

Authority: T.C.A. §§ 37-1-406, 37-5-105, and 37-5-106.