DCS and the "Drug Exposed Child" Abuse Designation

In Tennessee, the Department of Children's Services (DCS) mission is supposed to be there to protect the best interest of the child. A key part of DCS’s mandate involves investigating allegations of abuse and neglect. One of the most serious and complex situations arises when a child, particularly a newborn, is designated as a "drug exposed child."

In Tennessee, a newborn who tests positive for any illegal drug is considered a victim of physical abuse, according to DCS policy. This can automatically trigger a DCS investigation, even if there are no other signs of harm or withdrawal symptoms in the infant. 

However, a new and troubling trend is emerging: DCS is increasingly treating positive THC tests—whether from legal CBD products or illegal marijuana—as grounds for a child abuse allegation and a finding of neglect. This puts mothers in a difficult and often unfair position, as the line between legal and illegal substances is blurred.

The Problem with THC and the Abuse Registry

DCS  will make you think that their investigation will vindicate you; however, the reality of a positive THC test is far more nuanced than what DCS may initially claim. 

Here's what you need to know: 

• CBD's Complicated Relationship with THC: Legal CBD products are required to contain less than 0.3% THC. A mother who has been using a legal CBD product could still test positive for THC, which can be interpreted by DCS as evidence of illegal drug use.
• The Abuse Registry: When DCS "indicates" a finding of child abuse or neglect, your name can be placed on the state's child abuse registry. This can have life-altering consequences, affecting your ability to find employment, volunteer, or even have contact with other children.
• A New Law: In July 2024, a new Tennessee law was enacted that excludes a positive prenatal or newborn drug screening for cannabinoids from the definition of child abuse and severe child abuse. This is a significant step forward, but it does not mean that DCS will ignore a positive test or that an investigation will not be launched. It simply removes the "automatic" abuse designation.

What You Need to Do If You're Facing a DCS Investigation

If your child has tested positive for THC, or if you are facing a DCS investigation for any reason, it is critical to seek legal representation immediately. Do not attempt to navigate this process alone. DCS will report their investigation to the District Attorney’s office once it is complete. This is called a Child Protective Investigative Team (CPIT) meeting.  You could face criminal charges.

An experienced attorney can:

• Challenge the Allegations: We can investigate the circumstances of your case, including the source of the THC, and challenge the DCS's finding of abuse or neglect.
• Protect Your Rights: We will ensure that your rights are protected throughout the investigation and any subsequent court proceedings.
• Fight to Keep Your Family Together: Our priority is to help you keep your family together and avoid the devastating consequences of an indicated finding and placement on the abuse registry.

Your Future and Your Family Are Worth Fighting For.

The consequences of a DCS investigation can be severe and long-lasting. Don't let a positive THC test put your family at risk. Contact us today for a confidential consultation.