Q: Is it legal for that testing facility to visually witness the urine collection for a non-criminal drug test evaluation?
Can the testing facility for a substance test on the part of CPS be physically present while the party is in the act of urinating to provide sample in a non-criminal, no charges filed, non-consensual, non-drug offense related, no infant drug exposure tested at birth, and heavily contested juvenile dependency case? My brother whose son was unlawfully abducted from the hospital a day old has been in foster care for seven months, and I believe that they are looking for any reason to put him up for adoption and are not above fabricating evidence as they see fit “for the best interests of the child” when in fact everytging they do is harming him with subtle and traumatic injuries. My brother was understandably uncomfortable, and could not physically pee shy provide the sample, and is afraid they will to use this against him too. They claimed the mother allegedly exposed her baby who tested clean at birth to drugs in utero, after they got a “positive” result to their coerced test.
A:
In California, the regulations around drug testing, especially in non-criminal cases involving Child Protective Services (CPS), can be quite stringent. Generally, direct observation during urine collection is more common in criminal or employment-related tests, and may be less justifiable in your brother's situation. It is important to understand the legal guidelines and the rights of the individuals involved in such cases.
Your brother has the right to feel uncomfortable and question the necessity of being observed during the urine test. If he believes that the observation was unwarranted or that his rights were violated, he should document the incident and seek legal advice immediately. This could help in challenging any potentially fabricated evidence or misuse of the test results in the ongoing dependency case.
Given the complexity and the serious nature of your brother's situation, consulting with a family law attorney who has experience in dealing with CPS cases is essential. They can provide specific guidance on how to handle the drug test issue, ensure that his rights are protected, and help in taking appropriate legal action to address any possible misconduct by the testing facility or CPS.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
