(InvestigateTV) — William Brock doesn’t shy away from his past drug addictions and criminal history.
However, Brock, 59, said his prison conviction turned his life around, and now the Floyd County, Georgia, father of a three-year-old is engaged in a battle to get custody of his daughter.
But the state-contracted drug testing lab already under scrutiny for its results is still not performing a specialized test to minimize false positive concerns.
Brock’s sentencing included a residential stay in a facility for substance abuse and treatment. After he successfully completed the nine-month program, the state granted Brock parole this past summer. He’s been deemed “in compliance” ever since, according to a state letter that outlines he’s passed all random drug screens done by the Georgia Department of Corrections’ (DOC) labs.
In order to remain free and out of prison, Brock must submit to the DOC’s random drug tests.
Brock is also fighting to get custody of his three-year-old daughter from the Georgia Division of Family and Children Services (DFCS). To get full custody, he must remain sober and submit to random DFCS drug screens.
But those DFCS hair follicle test results have been coming back as positive for methamphetamine.
ExperTox, the lab contracted to do the tests on behalf of DFCS, was the subject of a previous investigation, which found that ExperTox did not use a specialized test called D/L isomer. That test distinguishes between legal methamphetamine-like medicine versus illicit methamphetamine, like the street drug.
That testing method could minimize false positives, or at least claims of it. In October, ExperTox said in an interview with Atlanta News First Investigates, it would begin using the specialized process statewide. However, it does not appear the lab is doing so, at least in Brock’s case.
Regarding Brock’s November positive result, the lab issued this disclosure:
The following drugs contain methamphetamine or metabolize to methamphetamine after intake: Desoxyn, Vicks inhaler, illicit methamphetamine, Benzphetamine, and Selegiline. The D/L isomer test for methamphetamine was not performed. As a result, ExperTox Inc was unable to distinguish between illicit and non-illicit forms of methamphetamine in the sample.
“They’re stealing my sobriety,” Brock said.
In response to Brock’s test results disclosure, DFCS said, “We are actively reviewing the situation and exploring ways to address these concerns, including working with contractors to assess whether additional measures are necessary to eliminate any doubt about the reliability of results. Our goal is to protect the integrity of the process while minimizing unnecessary costs to families.
“As part of our commitment to ensuring accuracy in the drug testing process, we require all contracted drug screen agencies to provide reliable, scientifically validated testing that meets the highest industry standards,” the agency said. “We are currently conducting a review and having discussions with our contractors to better understand any potential gaps or inconsistencies in testing practices. DFCS remains committed to ensuring that the results used in our decision-making process are both reliable and scientifically sound.”
The agency also said it continuously reviews and evaluates policies related to drug testing.
State policy does not mandate the specialized testing process. “What is missing in terms of services for our children and families is that quality control measure,” said Peggy Walker, senior judge for Juvenile Courts of Georgia.
The 29-year veteran on the bench acknowledged she’s made assumptions on a parent’s drug screens but now cautions her peers to take more training on this science, just as she has.
“That’s where the fundamental fairness comes in and that’s where it becomes our obligation to look at the big picture,” said Walker, who now believes the tests should not be the main determining factor in a parental custody case.
Brock routinely challenges his DFCS test results, spending $75 for independent hair follicle tests. Records reviewed by Atlanta News First show his independent tests have come back negative for drugs.
“It’s just heartbreaking, for [my daughter] to have to go through this,” Brock said. “But I’m doing what I’m supposed to do.”
Our investigators reached out to ExperTox for additional comments but have received no response.
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