What is the name of your state (only U.S. law)?
When the court orders a drug test on a parent during a custody matter, is it legal for them to require it to be a hair follicle test as opposed to a urine?
I've tried to no avail to find the answer on my own. All that I come up with is that it must be the "least evasive method" and must follow under the guidelines used for testing of Federal employees.
I did find one case law that was regarding this and the parent that was disputing himself having to undergo follicle testing did actually win his case. But the case was several years old and I'm not sure if anything new has since overridden that.
In my situation, I was court ordered to a "drug and alcohol assessment" due to my ex's allegations (he had tried this tactic twice prior in the past 3 years as well). I completed the assessment, paid my $500 to her and left. A week later the assessment lady called me and said that she had been reviewing our case and noticed that 2 years ago I had undergone random drug testing over a several month period due to a court order (once again based on my ex's allegations). She said that because of that, she wanted me to go immediately the next day and take a hair follicle test (at my expense, of course). At first, I started to object to her request. Not because I had anything to hide, but merely based on principle. Plus her reason for me needing to take it just really didn't sit well with me...Just cuz I had been ordered to it 2 years prior, she felt that I should have to do it again??
I know that in custody matters, testing should only be getting ordered when there is substantial circumstances supporting it (drug convictions, CPS issues, possessions etc) None of which I've ever had, by the way.
So I told her no, I am sorry I am doing that. She told me that that was my choice but that she would simply refuse to complete and submit my report to the court. The one that I just paid $500 for. Not too mention the fact that my children were being kept from overnight visits with me pending the outcome of my assessment. So I did it. But I so feel that I was wronged given that it wasn't ever court ordered. She was a person ordered by the court for me to see. Not the judge.
Oh and just FYI, I passed each and every one of the tests. Urine, hair, random, not random. I passed them all and always will.
Thanks for your help!