February 19, 2020 – This policy, known as universal screening, proactively screens all new mothers regardless of whether drug use is suspected. Those who favor universal screening argue that its alternative, risk-based screening may lead to unfair targeting of low-income women. In states such as Iowa and Minnesota, drug testing is required by law if there is suspected drug use during pregnancy. But drug testing is not a solution for parental substance abuse; it is simply a test confirming the presence of a substance in the body. The Department of Justice cautions that a positive drug test alone does not indicate important information such as “abuse or addiction, recency, frequency, or amount of use; or impairment.” In Texas, a positive drug test does not even always meet the evidentiary burden for child removal. Yet, Texas has some of the highest numbers of child removals in the nation for drugs and alcohol, with 68% of all cases citing substance use.
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