I did reunification services with DCFS. I had 1 dirty test that took my son. I never used again. After 9 months of intensive treatment with 100 percent clean record, no trip ups. Everything they told me to do I DID to the fullest. The judge took all my parental rights away. He said because of my past. Is that legal?

Not only is it legal, but par for the course. 9 months may not be enough to convince anyone (depending on your past history, before DCFS), and a year is better. There is no hurry if you have a visitation schedule, or a family member has guardianship/custody.

Are any of those condition present? If so you simply reapply after a year of being clean. So yes its completely legal to consider your entire history in deciding what's best for your children.

What has your case worker said? I wish you luck with not only staying clean, but getting your life in order, and getting custody of your kids back.

I'm sorry, but I'm having trouble believing you are telling us the whole story. I find it hard to believe that your son was taken after one failed test. Plus the fact that you were being tested indicates there were some issues before you had to submit to testing. I also find it hard to believe a judge would take all your rights away if you had followed everything for 9 months. He might not have reunited you over past history with only 9 months of experience. But I can't see him taking away what rights you had if you were showing progress. So I suspect there is something more to this story.

But to answer your question, yes the court can and should take your past history into account when ruling in a case like this.