Is hair follicle test legal???

This is a discussion on Is hair follicle test legal??? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; California: My son's Father received temporary sole custody of my 12 year old son due to my mental health issues. ...

View Poll Results: Should a parent with no drug or paraphernalia charges have to provide a hair follicle

No, it should not be an issue. 2 100.00%
Yes, if there is proof that drugs are being used. 0 0%
No, there is no proof that drugs are being used. 1 50.00%
Yes, it should be allowed for any reason. 0 0%
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Old Nov 8th, 2012, 12:25 AM   #1
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Confused Is hair follicle test legal???

California:

My son's Father received temporary sole custody of my 12 year old son due to my mental health issues. These issues are well under control now. However, the court threw in a random requirement that I must pass a hair follicle test to regain joint custody. In the first place, is this legal as I have no drug or paraphernalia charges.
Secondly-I would like to submit to and pay for a weekly drug test in order to get him back more quickly. (Hair test takes 6 months clean). i would do anything to get him back quickly.
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Old Nov 8th, 2012, 01:41 AM   #2
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Default re: Is hair follicle test legal???

I wish to inform you that California's Fourth District Court of Appeal decided a child-custody case in 2005 in which they rejected any hair analysis by stating that court-ordered drug testing must conform to federal drug testing procedures and standards. Presently, federal standards only support urinalysis testing. Otherwise, hair-follicle testing is very accurate.

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Old Nov 8th, 2012, 06:43 AM   #3
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Default re: Is hair follicle test legal???

AFFA is correct that hair follicle testing may not be ordered in child custody cases. Drug testing may only be ordered when there is well grounded evidence of a person's substance abuse. That would be such as prior conviction for drug/alcohol abuse.

And federal drug testing procedures are the ones to be followed. Hair follicle testing is more comprehensive than urine testing for substances one has used, in what amounts, and when can be determined -- not just from scalp hair but hair on other parts of the body. Everything one has taken, including aspiring shows with deposits in the hair and even bleaching or other chemical process does not destroy these traces.

The reason the judicial counsel decided against such testing is on constitutional grounds; invasion of privacy, not enough protections for privacy of any test results.
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Old Nov 8th, 2012, 05:39 PM   #4
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Default Re: Is hair follicle test legal???

Thank you for your swift reply,

How do I find out the case name and/or number of the appeal which overturned the requirement of a hair follicle test in a child custody case.
California fourth district court of appeal 2005
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