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CHINS/Drug testing

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Comicking45

Junior Member
Alright I'm 15 years old, and live in Alabama. I have no prior criminal record, and have never been in trouble with the law. I have been truant from school, and have been placed in the CHINS program. I have showed up to all my CHINS meetings, and have been attending school regularly, but I recently learned that they do random drug tests. I smoked weed last night, and have a meeting tomorrow. I don't know if they will test us tomorrow, but if they do test us, and I test positive for weed what will happen? Will I go to jail? Will I get put on probation? Will they let me off with a warning? Do they even have the option to put me on probation? EDIT: They have not ever drug tested me before the next one they do will be the very first one.
 


quincy

Senior Member
Alright I'm 15 years old, and live in Alabama. I have no prior criminal record, and have never been in trouble with the law. I have been truant from school, and have been placed in the CHINS program. I have showed up to all my CHINS meetings, and have been attending school regularly, but I recently learned that they do random drug tests. I smoked weed last night, and have a meeting tomorrow. I don't know if they will test us tomorrow, but if they do test us, and I test positive for weed what will happen? Will I go to jail? Will I get put on probation? Will they let me off with a warning? Do they even have the option to put me on probation? EDIT: They have not ever drug tested me before the next one they do will be the very first one.
The CHINS program is a probationary program. You must meet certain terms and conditions of the program during a probationary period (6 months+) or your case will be reconsidered by the court. It is good that you have been attending school regularly and that you have attended all of the CHINS meetings.

It is not so good that you violated the terms of the program by smoking weed.

If you are drug tested at the meeting tomorrow, and you test positive for marijuana, it is always possible that you could be let off with a warning but with drug use there is also the chance of jail time.

Here is a link to Alabama's laws on marijuana: http://norml.org.laws/item/Alabama-penalties

If you are currently being supervised by your parents, greater supervision might be ordered.

I cannot tell you what will happen but I can tell you that it is best not to smoke any more marijuana. Smoking weed can sometimes make you do really stupid things (stupid things like smoking weed when you are in a court program that does random drug testing).

Good luck.
 
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TheGeekess

Keeper of the Kraken
Alright I'm 15 years old, and live in Alabama. I have no prior criminal record, and have never been in trouble with the law. I have been truant from school, and have been placed in the CHINS program. I have showed up to all my CHINS meetings, and have been attending school regularly, but I recently learned that they do random drug tests. I smoked weed last night, and have a meeting tomorrow. I don't know if they will test us tomorrow, but if they do test us, and I test positive for weed what will happen? Will I go to jail? Will I get put on probation? Will they let me off with a warning? Do they even have the option to put me on probation? EDIT: They have not ever drug tested me before the next one they do will be the very first one.
Yeah, you're in trouble. Stop smoking pot. :cool:
Let's see what the Alabama Statutes say:
Section 12-15-209
Children to be released when full-time detention or shelter care not required; conditions imposed upon release; amendment of conditions or return of child to custody upon failure to conform to conditions imposed.

(a) When the juvenile court finds that full-time detention or shelter care of a child is not required, the juvenile court shall order the release of the child, and in so doing, may impose one or more of the following conditions:

(1) Place the child in the custody of a parent, legal guardian, legal custodian, or any other person whom the juvenile court deems proper, or place the child with a department, agency, or organization agreeing to supervise the child.

(2) Place restrictions on the travel, association, or place of abode of the child during the period of his or her release, or place the child under electronic or telephone monitoring, if available.

(3) Impose any other condition deemed reasonably necessary and consistent with the criteria for detaining children specified in Section 12-15-128, including a condition requiring that the child return to custody as required.

(b) An order releasing a child on any conditions specified in subsection (a) may at any time be amended to impose additional or different conditions of release or to return the child to custody for failure to conform to the conditions originally imposed.
(Acts 1975, No. 1205, p. 2384, §5-123; Acts 1990, No. 90-674, p. 1304, §10; Act 98-372, p. 677, §1; §12-15-62; amended and renumbered by Act 2008-277, p. 441, §12.)
http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/12-15-209.htm
Section 12-15-132
Proceedings against children violating terms of probation or aftercare; disposition of these children.

(a) A child on probation or aftercare incident to an adjudication as a delinquent child or a child in need of supervision who violates the terms of his or her probation or aftercare may be proceeded against for a revocation of the order.

(b) A proceeding to revoke probation or aftercare shall be commenced by the filing of a petition entitled "petition to revoke probation" or "petition to revoke aftercare." Except as otherwise provided, these petitions shall be screened, reviewed, and prepared in the same manner and shall contain the same information as provided in Sections 12-15-120 and 12-15-121. The petition shall recite the date that the child was placed on probation or aftercare and shall state the time and manner in which notice of the terms of probation or aftercare was given.

(c) Probation or aftercare revocation proceedings shall require clear and convincing evidence. In all other respects, proceedings to revoke probation or aftercare shall be governed by the procedures, safeguards, and rights and duties applicable to delinquency and child in need of supervision cases contained in this chapter.

(d) If a child is found to have violated the terms of his or her probation or aftercare pursuant to a revocation hearing, the juvenile court may extend the period of probation or aftercare or make any other order of disposition specified for a child adjudicated delinquent or in need of supervision.

(e) A violation of probation for a child in need of supervision is not an adjudication of delinquency.
(Acts 1975, No. 1205, p. 2384, §5-135; §12-15-75; amended and renumbered by Act 2008-277, p. 441, §7.)
http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/12-15-132.htm
http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/149435.htm
 

stealth2

Under the Radar Member
Alright I'm 15 years old, and live in Alabama. I have no prior criminal record, and have never been in trouble with the law. I have been truant from school, and have been placed in the CHINS program. I have showed up to all my CHINS meetings, and have been attending school regularly, but I recently learned that they do random drug tests. I smoked weed last night, and have a meeting tomorrow. I don't know if they will test us tomorrow, but if they do test us, and I test positive for weed what will happen? Will I go to jail? Will I get put on probation? Will they let me off with a warning? Do they even have the option to put me on probation? EDIT: They have not ever drug tested me before the next one they do will be the very first one.
So, basically, you've just never been caught doing the illegal stuff you're doing (p.s. being truant and being placed on CHINS IS being "in trouble" with the law). No one can tell you definitively what will happen if you're tested. Better to expect more than a finger shaking in your face, though...
 

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