(a) If urine specimen drug screen results are positive and the client challenges the result, the Division of Children and Family Services employee will:
(1)
- (A) Inform the client that the specimen will be sent to the lab for drug testing confirmation.
- (B) However, if the division staff initially conducted the drug screen at the client’s home, the division employee may offer to rescreen the client at the county office that same day and have another division staff person serve as a witness to the results of the second screening;
- (2) The chain of custody will be maintained throughout the entire challenge process;
- (3) Complete the county specific vendor challenge form;
(4)
- (A) Write the client specimen identification number found on the county’s vendor challenge form/mailing strip on the CFS-150: Drug and Alcohol Screen Results Form.
- (B) The client specimen identification number is the identifier used in the subject line of the email that the lab sends when emailing the FSW with the challenge results.
- (C) This number is the only way to match the challenge results to the correct client so it is extremely important to record the client specimen identification number prior to mailing the challenge screen to the lab; and
(5)
- (A) Prepare the urine specimen for laboratory screening (lab will not process urine specimens that are received without proper identification).
- (B) Notify the division Prevention and Support Manager or designee that the collection will be sent for lab confirmation by faxing a copy of the chain of custody, prior to the urine specimen being sent to the lab.
- (C) Check for leakage of the collection device prior to mailing/sending the specimen for confirmation screening.
- (D)
(i) Use the supplied FedEx mailer envelopes to send the challenged, positive, urine specimens to the lab.
(ii) If samples taken on weekends or after FedEx facility closes during the week, refrigerate samples until they are delivered to FedEx facility for shipment.
- (E) To access challenge results, contact the Area Financial Coordinator or designee for instructions on how to access the lab confirmation results via the internet.
(F)
- (i) If challenge results are contested, documentation of the chain of custody of urine specimen shall be verified by affidavit of one (1) person witnessing the procedure or extraction, packaging, and mailing of the samples and by one (1) person signing for the samples at the location where the samples are subject to the testing procedure.
- (ii) Submission of the affidavits, along with the submission of the screening results, shall be competent evidence to establish the chain of custody of those urine specimens.
- (iii) For a court ordered screening, a written report of the results may be prepared by the person conducting the screening, or by a person under whose supervision or direction the screen and analysis have been performed.
- (iv) This report must be certified by an affidavit subscribed and sworn to before a notary public.
- (v) This report may be introduced in evidence without calling the person as a witness, unless a motion challenging the screening procedures or results has been filed within thirty (30) days before the hearing and bond is posted in an amount sufficient to cover the costs of the person's appearance to testify.
- (b) If the alcohol screen results are positive and the client challenges the results, the division staff will inform the client he or she may immediately obtain a blood test from a qualified agency or immediately take a Breathalyzer test at the local police station.
Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "10/2014"