How far can the juvenile and probate office go with an investigation?

[Tinker95]

What is the name of your state? Tennessee

My brothers girlfriend was recently called to come to the juvenile and probate office. They ordered her to take a drug test. All they told her was an annonymous caller had called and complained. She took the test and passed. She has a son (13 yrs. old) and he is well taken care of. Can they do this without a court order?

 

[CdwJava]

I presume you mean "probation" as opposed to "probate" ... these are very different things.

If your brother's girlfriend is on probaiton, and one of those conditions is that she take drug tests when commanded to by her probation officer, then the answer is: Yes.

She agreed to the conditions of probation to avoid jail. It may be inconvenient, but she has to comply with them or return to jail.

- Carl

 

[Tinker95]

No, my brothers girlfriend has never been in trouble for anything. She is not on probation. Has never even been put in jail. This had to do with someone calling and complaining. Accussing her of being on drugs. And this was the juvenile and probate office calling and telling her she needed to get up there now. They were kind of ugly to her. But like I said she passed her drug test.

 

[CdwJava]

Unless you left something out, they really did not have the authority to MAKE her do anything. (Again, it is PROBATION, and NOT "probate")

If she is subject to some sort of court order due to a child services issue, I can see that she might be forced to test, but if she is not on probation or parole, she could have refused and they would have had little recourse to force a test.

Methinks something is missing from the equation.

- Carl

 

[Tinker95]

Unless you left something out, they really did not have the authority to MAKE her do anything. (Again, it is PROBATION, and NOT "probate")

If she is subject to some sort of court order due to a child services issue, I can see that she might be forced to test, but if she is not on probation or parole, she could have refused and they would have had little recourse to force a test.

Methinks something is missing from the equation.

- Carl

See, thats the thing, there is no court order of any kind. I just dont see how they can make her do that when her child is well taken care of and not being abused in any way. The number they called from is listed in the phone book as Juvenile and Probate Court. Apparently the anonymous caller said she was strung out on something. So, if she had refused, they couldn't have done anything. If she had made that decision, could they have gotten a court order for the drug test with out any evidence, but an anonymous call to go by?

 

[Tinker95]

Unless you left something out, they really did not have the authority to MAKE her do anything. (Again, it is PROBATION, and NOT "probate")

If she is subject to some sort of court order due to a child services issue, I can see that she might be forced to test, but if she is not on probation or parole, she could have refused and they would have had little recourse to force a test.

Methinks something is missing from the equation.

- Carl

Is there any way she can find out who the annonymous caller was, since the callers claims were false? If so, how would she need to go about doing that?

 

[The Occultist]

If you found who who the caller was, what would you do?

No, they will not release that information to you and there's nothing you can do about it.

 

[CdwJava]

Is there any way she can find out who the annonymous caller was, since the callers claims were false? If so, how would she need to go about doing that?

If it was truly "anonymous" then how would they find out?

Next time, she should just refuse to take a test unless she is subject to some court order or arrested.

- carl

 

[Tinker95]

If you found who who the caller was, what would you do?

No, they will not release that information to you and there's nothing you can do about it.

Shw wouldn't do anything. It's just good to know who your enemies are.

 

[Tinker95]

If it was truly "anonymous" then how would they find out?

Next time, she should just refuse to take a test unless she is subject to some court order or arrested.

- carl

Well, she did refuse it at first. They told her that if she didn't come up there, they would have her picked up and force the test on her with a hair follicle test. Is there any legal action she can take against this county? She feels like her rights have been violated. She really had no choice but to take the test. None of this makes any sense.

 

[CdwJava]

Well, she did refuse it at first. They told her that if she didn't come up there, they would have her picked up and force the test on her with a hair follicle test. Is there any legal action she can take against this county? She feels like her rights have been violated. She really had no choice but to take the test. None of this makes any sense.

Either these guys were complete morons, or, they had more than you seem to think. They may have had more than just an anonymous call ... or, they may have been under a mistaken assumption that she or her children were subject to some court order (custody, child protective, etc.) that would allow this. There has to be more to this or these clowns are way out in left field and she needs to complain quite loudly to someone in charge.

As for legal action against the county, I don't know if that is possible. They did not arrest her - they called her on the phone and asked her to come down and take a test. She complied. There may be a personnel issue, but there doesn't seem to be a worthwhile case against the county .. unless she has a lot of money to front for the attorney.

- Carl

 

[Tinker95]

Either these guys were complete morons, or, they had more than you seem to think. They may have had more than just an anonymous call ... or, they may have been under a mistaken assumption that she or her children were subject to some court order (custody, child protective, etc.) that would allow this. There has to be more to this or these clowns are way out in left field and she needs to complain quite loudly to someone in charge.

As for legal action against the county, I don't know if that is possible. They did not arrest her - they called her on the phone and asked her to come down and take a test. She complied. There may be a personnel issue, but there doesn't seem to be a worthwhile case against the county .. unless she has a lot of money to front for the attorney.

- Carl

You're right, these guys are morons. The law in this county already has lawsuits running out of their ears, for not going by the book. They are very corrupt. Attorneys are winning cases left and right for people being run over by the law for nothing. She is thinking very seriously about contacting the lawyer that is handling the other lawsuits in this county. I appreciate your input on this issue.

 

[Tinker95]

Either these guys were complete morons, or, they had more than you seem to think. They may have had more than just an anonymous call ... or, they may have been under a mistaken assumption that she or her children were subject to some court order (custody, child protective, etc.) that would allow this. There has to be more to this or these clowns are way out in left field and she needs to complain quite loudly to someone in charge.

As for legal action against the county, I don't know if that is possible. They did not arrest her - they called her on the phone and asked her to come down and take a test. She complied. There may be a personnel issue, but there doesn't seem to be a worthwhile case against the county .. unless she has a lot of money to front for the attorney.

- Carl

You are so right. This is personnal. Now, the same thing has been done to me. Found out that it is my mother who is behind all of this mess. I have even been called to the juvenile office and asked to do the same thing my brothers girlfriend had to do. How do I stop this nonsense?

 

[CdwJava]

You are so right. This is personnal. Now, the same thing has been done to me. Found out that it is my mother who is behind all of this mess. I have even been called to the juvenile office and asked to do the same thing my brothers girlfriend had to do. How do I stop this nonsense?

I meant that it might be a personnel (employee) issue, not a personal one. But, it sounds like it is both ... personal because of mom and personnel due to a couple of lunkheads pushing the envelope too far.

If I were you I would tell them, "No". Then I would speak with an attorney just in case they do try something.

- Carl

 

[LSCAP]

We're thinking Drugs.
Sounds like they are covering their own butts on Child Abuse laws.

It could be a busy shop, which would be why phone calls instead of responding in person. or they know it is a crank, but still have to cover themselves, in case it isn't a crank.
ie they get a call on child abuse and have to show some paperwork.

Personally, I'd rather take the drug test which shows I'm innocent of child abuse.

Even if the OP doesn't have children, putting a child in a drug environment, could be considered child abuse.

I now live in a small town, where a simple phone call to the head of the department would do the trick, since they have caller ID, they would most likely know who is calling, and list her as a crank.

Don't feel too bad, I read of a group, I think in NY where they would legally come in, thake the child and let you battle it out in court. and they did do just that.