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Legal Issues in Juvenile Drug Testing

NCJ Number
196063
Author(s)
Rolando V. del Carmen
Date Published
1998
Length
9 pages
Annotation
This document contains training materials presented regarding the legal issues in juvenile drug testing via teleconference.
Abstract
The stated objectives achieved by this training program were to provide participants with the ability to identify three sources of legal abuse for legally drug testing juveniles; state the legal rationale for testing non-adjudicated youth; list the issues related to confidentiality of test results that must be considered when developing a drug testing program; identify five possible constitutional challenges to drug testing and indicate how these can be avoided with a properly run testing program; and develop program policies that are consistent with recommendations regarding authorization, when to test, confirmation tests, chain of custody, confidentiality, court challenges, testing of pre-adjudicated youth, and other concerns. Major topics covered include preliminary legal issues, sources of authority to test, other legal issues such as what degree of certainty is needed to trigger sanctions, recommendations for establishing a legally defensible drug testing program for juvenile justice such as authorization, when to test, confirmation, chain of custody, confidentiality, court challenges, and pre-adjudication drug testing, and other related concerns. Supplemental issues on legal issues for drug testing are covered such as confidentiality, right to equal protection, court or paroling authority orders, and voluntary testing. Tables containing information on recent case law on substance testing, a consent for release of information form, a statement of prohibition of redisclosure of information concerning client in alcohol or drug use treatment, and source references are contained at the end of the packet.