Grave concerns about the handling and misuse of PharmChek sweat patch drug tests by the Department of Health and Human Services (HHS) and the courts. These concerns include non-compliance with SAMSHA Federal Guidelines, ignoring FDA-established cutoff criteria, misinterpreting results, dismissing legitimate prescriptions, and contradicting HHS policy by using drug test results as the sole determinant for parenting decisions. These failures have had devastating consequences for my family and many others.

Failure to Follow SAMSHA Federal Guidelines & Ignoring FDA-Established Reliable Cutoff Criteria:
The PharmChek sweat patch testing process has failed to adhere to SAMSHA Federal Guidelines, which are critical for ensuring accuracy, reliability, and fairness. This non-compliance has led to flawed results being falsely reported as a true positive test result and furthermore dictate life-changing decision-making processes. Similarly, the disregard to hair stat results which fall short of the established cut offs of metabolites and its interpretations which are made by HHS and prosecutors.  
Test results have been interpreted without regard to the FDA-established cutoff levels which were required for the PharmChek Drugs of Abuse sweat patch’s clearance. This has resulted in environmental exposure or trace amounts being wrongly classified as ingestion, leading to punitive actions against parents.

Scientific Concerns About Detection Periods:
Drug deposition in adipose tissue and skin: evidence for an alternative source of positive sweat patch tests Levisky JA, Bowerman DL, Jenkins WW, Karch SB. Forensic Sci Int. 2000 May 8;110(1):35-46. doi: 10.1016/s0379-0738(00)00146-8. PMID: 10802199.

Studies demonstrate that substances like methamphetamine can remain detectable in sweat for weeks after use. The lack of long-term research leaves opens the very real possibility that chronic use or exposure could result in positive results for several months or even a lifetime after sobriety. These scientific uncertainties compromise the reliability of the PharmChek sweat patch as a tool for determining recent use or its relevance to parenting abilities.
Included in the gross negligence is Iowa Social Workers; Courts and Judges. All whom have, due to self-serving bias, ignored their duties to seek truth in error, ruled out the of possibility of environmental exposure and/or other possibilities unknown as result of minimal studies. Instead have wrongfully labeled as ingestion/true positive, recent use. Similarly, accusing parents that a positive result of ONLY parent drug indicates ingestion is not accurate in the case of methamphetamine, cocaine etc. 
I mentioned self-serving bias because the ones coming to such awful conclusions and misinterpreting drug test results, I have spent the very least amount of time around the entirety of this year, least amount of time in discussions or simply engaging in a normal conversation overall.  The loved ones I see 1-7 times a week, the FSS who supervise visits, the counselor I saw every week and spilled my heart out to, co-workers etc. they are the ones who minds have been able to make a fair, unbiased, reasonable and honest opinions not concluded on a drug test that contradicts everything they see and believe.
The stringent levels shown on the lab reporting and “present" are never mentioned as acceptable cutoff levels for a true positive.  Certainly, not “present" as it doesn't even reflect a quantitative value which is required in all forms of confirmatory drug testing.  The inability for them to distinguish between these possibilities represents a significant failure in understanding or implementing proper protocols and abide by HHS Drug Testing Policy which states their commitment to do so. Undermining a person’s commitment to sobriety and their family has been known to have detrimental affects and often send a person back to active addiction.  

“Finally, to report a positive for cocaine or methamphetamine, the parent drug must be at or above the cutoff level AND the respective metabolite MUST be present at or above the LOQ (limit of quantitation). This reporting requirement eliminates the possibility of environmental contamination. NONE of the previously discussed studies MET PharmChek®’s CRITERIA for a POSITIVE result i.e., parent drug above cutoff level and the presence of metabolite.”
 - PharmChek Technical Guide 2024 

The technical guide points out, the FDA clearance of this device at 96% reliability of a true positive when utilizing cut off levels of 10ng/mL methamphetamine concurrent with 10ng/mL amphetamine. 
Also noting a very important reminder; Cutoff levels between different testing matrices are not directly comparable. The lower cutoff levels for sweat than urine is the result of the varying concentration of analytes in the respective matrices, not necessarily a more sensitive measurement.

Disregard for Legitimate & Confirmed Valid Prescriptions:

HHS has ignored verified prescriptions, such as Adderall, as potential explanations for positive drug test results. This negligence unfairly penalizes parents who are lawfully prescribed medications, causing unnecessary disruptions to family stability. In one recent case, a mother was separated from her three children for two weeks, just as overnight visitations were about to begin, solely based on a misinterpreted drug test result.

Contradiction, Disregard of HHS Policy (an overall common pratice) Resulting in Violations to Constitutional Rights:

HHS own policy acknowledges that drug testing and its results cannot determine how or if substance use undoubtedly impacts parenting or ability to parent safely. According to this policy:
“Due to these limitations, drug testing results should not be relied on as the sole measure in determining issues of danger and risk. Drug testing results should be viewed as one component of the accumulated information that needs to be considered during a child abuse assessment and an ongoing child welfare service case.”

Despite this, HHS and the courts are using drug test results as the sole basis to restrict parenting time and delay case progression. This policy violation highlights systemic failures and raises serious questions about the fairness of decision-making processes and violations of Due Process.  To avoid the appearance of HHS using blanket style testing, courts will issue an order to mandate drug testing, adding in it’s at the discretion of HHS.  The courts refuse to modify drug testing orders, despite successful discharge from substance abuse treatment and professionals' opinions, despite several negative screenings or even mechanical skin issues with the device used.  All which undermines the innocence and efforts made by individuals and violates the Fourth Amendment to be free from unreasonable search and seizure.  Getting around this accusation, a Judge or other official will make claim “under the influence” to initiate individual suspicion and give probable cause.  

Misuse of Results by HHS and the Courts Resulting in Negligent and Unwarranted Family Separation:
HHS and the courts have relied on flawed and misinterpreted drug test results to justify delays in reunification and reductions in parenting time. This misuse has resulted in unjust separations and significant harm to children and families.

The systemic mishandling and supportive nature of ill drug testing data is unsettling, and the resulting punitive actions encouraged and accepted in the Juvenile Courts, against policies, have directly contributed to the separation of my son from his family. This is not an isolated incident; many families have been similarly affected by systemic negligence and intentional abuse of drug testing data.

Decisions that impact parenting time and familes must be based on a holistic assessment rather than flawed and misapplied data. The current approach undermines fairness and justice, perpetuating systemic failures that devastate families and children.  Allowing, members of the Court to label “addict” and “under the influence” as it was their self-serving thought process overruling the scientific facts theat are given by the developer.