DCS: Reports of false drug screens affecting 100 cases in Delaware Co. under investigation

Holly V. Hays
Indianapolis Star

The Indiana Department of Child Services is working with a state contractor as it audits and investigates reports that employees of a subcontractor falsified the results of drug screenings that could affect around 100 cases in Delaware County. 

The issue was raised with the Muncie Bar Association in a letter written Thursday by Eric Hoffman, Delaware County Prosecutor. Hoffman outlined concerns raised regarding these reports during a Wednesday Zoom meeting with Judge Kimberly Dowling.

In his letter, obtained by IndyStar Friday, Hoffman wrote that Dowling said DCS had informed her the agency was aware of at least two scenarios in which Tomo Drug Testing employees falsified the results of drug screens. Hoffman's letter indicates around 100 Delaware County cases involving termination of parental rights, a Child In Need of Services (CHINS) and possibly juvenile delinquency have been affected by such activities.

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The issue involves "voided screens," which indicate the person who was scheduled to be tested failed to appear and give a sample. In some instances, according to the letter, Tomo employees falsely scheduled drug screens without informing the person who was supposed to be tested, resulting in their failure to appear.

Hoffman also wrote of alleged incidents in which Tomo employees scheduled screenings, but did not themselves appear to collect a sample. These employees apparently falsified records to indicate that it was the subject, not Tomo, that failed to appear for the screen.

These incidents took place between March and August of this year, according to the letter. Dowling told those on the Zoom call that there is "no evidence to suggest that when a sample was collected and sent to the lab for analysis that there is anything flawed with the testing procedure or the results," Hoffman wrote.

"Rather, as described above, the issue is confined to instances where TOMO reported that the person failed to appear to submit a drug screen when, in fact, that was not true."

Hoffman told IndyStar on Friday that, under the law, a prosecutor has "an absolute ethical duty" to disclose favorable evidence to the defense. 

"Since I do not have case specific information, I felt I was obligated to disclose the information to the entire defense bar," he told IndyStar via email. "When I heard the information I Immediately knew I had the duty to disclose, which I did."

Tomo is a subcontractor of Redwood Toxicology Laboratory, which DCS has used for drug screens since 2015. IndyStar has reached out to representatives of Redwood, owned by Abbott Laboratories, for additional information regarding the extent of Tomo's involvement with Indiana drug screens. 

Tomo President Angela Garrison said in a written statement that they launched an internal investigation of all Tomo technicians in Indiana, which identified two employees who had falsified documents, both of whom have since been terminated.

"Our investigation concluded the intent of the employee’s actions were to cover a dereliction of work duties, by inaccurately documenting that donors were contacted to drug test when in fact they were not," Garrison said. "The investigation has not revealed any tampering with specimens. Furthermore, Tomo believes this was an isolated incident as the investigation has not presented any additional findings that other technicians were falsifying documentation."

DCS spokeswoman Noelle Russell said in a written statement that a DCS family case manager raised questions about the records after noticing that a client who had been otherwise cooperative with their case requirements had been listed as not appearing for a scheduled drug screening. The agency "immediately" notified Redwood of the issue and stopped all referrals to Tomo:

"DCS discovered that drug-screening records may have been falsified by employees of Tomo Drug Testing, which is a subcontractor of Redwood Toxicology Laboratory. DCS immediately notified Redwood and stopped all referrals. Redwood is conducting a comprehensive audit and internal investigation to determine the impact to individual cases. The audit will be completed by mid-November, and DCS will work with individual courts and other impacted parties as appropriate."

Tomo only collects samples for testing, DCS said in a Friday afternoon news release, and Redwood conducts the testing, so the validity of the testing is not in question.

Drug test results are not the sole factor taken into consideration when evaluating custody or visitation status, to Indiana DCS policy, "Case management should be approached in a comprehensive manner allowing for all factors to be considered in addition to drug screen results."

Matthew Kelsey, president of the Muncie Bar Association, told IndyStar in a written statement that he represented juvenile clients during the time period in question, but did not have clients involved in "no show" or "voided screen" situations. 

Kelsey said he's confident his colleagues in the Association will review their cases to see how their own clients may have been affected. 

"Hopefully the audits and reports can give us a better understanding of who may have been affected so we can respond appropriately to remedy any wrong to our clients," Kelsey said.

In his letter, Hoffman said "it was reported that this occurred in several Indiana counties." However, it's unknown at this time how many counties and cases could be affected.

You can reach IndyStar reporter Holly Hays at 317-444-6156 or holly.hays@indystar.com. Follow her on Twitter: @hollyvhays.