The refusal to present the test was only the hair test his initial lawyer had him do shortly after he got released.
I'm quite confident
@Melty Butter is correct and in fact I believe the public records from early June state that they were ordered to undergo testing. I have no desire to go back to a bizarrely blurry document, another person can go back if they care to.
I am replying to you because you are the last one in this chain of comments about the testing.
I went through the documents, drug screening was ordered by the court on June 6th 2024. Below are receipts about what went down.
CC:
@Strix454 @Melty Butter

Revocation of the release was May 28th. (Initial drug testing Nick and Kayla both agreed to)

"We have not bee able to establish sobriety by Mr. and Mrs Rekieta"
(Said during the hearing on June 6th, 2024 about both Nick and Kayla)

This is the cross-examination of Miss Sweep. In which the continued monitoring for drugs is mentioned as a part of the safety plan to ensure sobriety.

Had to add this one just for lulz.
"Mr. Rekieta is an attorney. And he - he knows the rules, and he's being super careful, and he and his wife are being very careful about not saying anything that possibly use - be used against them."

During the same June 6th hearing Nick's lawyer submits their own drug quick tests, done by Minnesota Monitoring.

Still June 6th hearing.
The Judge orders the following:
- Chemical Use Assessment (This is also called a Rule 25, it is a screening with a licensed drug/alcohol councilor for dependency/abuse of drugs or alcohol)
- No use of drugs or alcohol
- Submit to screening and sign a release for the results
All these things are ordered because they are required to prove the home is safe for the children.
[EDIT] Also noteworthy is that the judge explicitly mentions two factors why she believes the home to still be unsafe. The parents revoked their test release, one child tested positive for cocaine.