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  1. #1
    anorcalmom2 is offline Junior Member
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    Drug Testing/Hair Follicle Test

    What is the name of your state (only U.S. law)?

    CA

    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!
  2. #2
    Ohiogal is offline Senior Member
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    The court did NOT order a drug test in this situation -- they ordered an assessment to be completed and as part of the assessment the assessor decided that you needed a hair follicle drug test. Hence, the court did not violate your rights unless you can prove that by ordering you to undergo a drug assessment they were wrong and there was no reason for that. Of course the time to appeal that order has past most likely as you complied. You could file a complaint against the person who was evluating you at the assessment place.
    Last edited by Ohiogal; 08-06-2008 at 07:12 AM.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    CourtClerk is offline Senior Member
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    Personally, I think ALL court ordered drug tests should be hair follicle tests. If you have absolutely nothing to hide, then let them snip off a few strands of hair.
  4. #4
    casa is offline Senior Member
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    Quote Originally Posted by anorcalmom2 View Post
    What is the name of your state (only U.S. law)?

    CA

    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!
    It's more & more common to ask for/order hair follicle testing since it's more reliable. I think by consenting you did yourself a favor in the eyes of the court. What you can do, is ask to be reimbursed for all expenses for testing since it's the X that's alleging drug abuse in the 1st place. If he has to start paying for them or reimbursing you, he may knock it off.
  5. #5
    cmselfdestruct is offline Junior Member
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    Really!!!

    So since it's the "easy" way and it looks like a benefit to your case you all suggest that it's the "right" thing to do? Have you forgotten about our rights? I'm in the same situation where a sit-in judge ordered me to take a drug test w/o any reason what so ever other than the word of my son's mother. Against the wishes of my attorney I told the judge no way in hell. He could call numerously witness to testify about the many visitations I had been given with her parents and by her herself. I've never once given reason for her to believe I was using illegal drugs. She does however know how I feel about being forced to do things I believe are unjust as well as against the constitution. SHe is just using this to her favor by upsetting the judge with my unwillingness to comply. Last week the actual judge was there and again ordered me to take a hair follicle. After I was unable to persuade her otherwise I agreed to take a UA only just to prove that I was not on drugs while I had my son the weekend before. That wasn't good enough she court ordered me to take a hair follicle anyways so I told her I'd take a drug test just as soon as they began drug testing every parent at the hospital before releasing their babies to them. I'll probably be found in contempt of court for doing so and may be thrown in jail and why? It's because everyone does it the easy way rather than standing up for their rights. You realize the hair follicle is more than just a drug test? With the results they know everything you have been taking included all the prescriptions you are taking legally. With the knowledge they then know your medical history and medical conditions. This is private information that I for one do not believe my son's mother is entitled to nor the court for that matter. Could I have made it easier on myself, well of course but I'm sorry I'm not so willing to let the courts preside outside their jurisdiction so easily. I'm surprised everyone else is.
  6. #6
    divona2000 is offline Senior Member
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    Quote Originally Posted by cmselfdestruct View Post
    So since it's the "easy" way and it looks like a benefit to your case you all suggest that it's the "right" thing to do? Have you forgotten about our rights? I'm in the same situation where a sit-in judge ordered me to take a drug test w/o any reason what so ever other than the word of my son's mother. Against the wishes of my attorney I told the judge no way in hell. He could call numerously witness to testify about the many visitations I had been given with her parents and by her herself. I've never once given reason for her to believe I was using illegal drugs. She does however know how I feel about being forced to do things I believe are unjust as well as against the constitution. SHe is just using this to her favor by upsetting the judge with my unwillingness to comply. Last week the actual judge was there and again ordered me to take a hair follicle. After I was unable to persuade her otherwise I agreed to take a UA only just to prove that I was not on drugs while I had my son the weekend before. That wasn't good enough she court ordered me to take a hair follicle anyways so I told her I'd take a drug test just as soon as they began drug testing every parent at the hospital before releasing their babies to them. I'll probably be found in contempt of court for doing so and may be thrown in jail and why? It's because everyone does it the easy way rather than standing up for their rights. You realize the hair follicle is more than just a drug test? With the results they know everything you have been taking included all the prescriptions you are taking legally. With the knowledge they then know your medical history and medical conditions. This is private information that I for one do not believe my son's mother is entitled to nor the court for that matter. Could I have made it easier on myself, well of course but I'm sorry I'm not so willing to let the courts preside outside their jurisdiction so easily. I'm surprised everyone else is.
    cmselfdestruct, if you have a legal question, please start your own post! This one is over a year old!
  7. #7
    cmselfdestruct is offline Junior Member
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    Well 1st off if everyone answered a question with another question there really wouldnt be much of a point in reading these forums now would there? And to your 2nd comment; I searched for similar issues that I was having and this one came up. I failed to note the date of the post but fail to see that as a reason to not respond to it. If it relates to the situation someone else might be enlightened with a bit of knowledge. So maybe instead of responding to me with a post that has nothing to do with the topic you either give your thoughts on the subject or find another thread that you are more interested in.
  8. #8
    Proserpina is offline Senior Member
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    Quote Originally Posted by cmselfdestruct View Post
    Well 1st off if everyone answered a question with another question there really wouldnt be much of a point in reading these forums now would there? And to your 2nd comment; I searched for similar issues that I was having and this one came up. I failed to note the date of the post but fail to see that as a reason to not respond to it. If it relates to the situation someone else might be enlightened with a bit of knowledge. So maybe instead of responding to me with a post that has nothing to do with the topic you either give your thoughts on the subject or find another thread that you are more interested in.
    Let's try this again.

    Necroposting - that is, answering a post which has been long dead and will not, even with the best CPR and/or Stephen King-like magic, revive itself - is considered bad netiquette.

    It really is that simple. Start your own thread please, or don't post. Thanks!

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