Wednesday, July 19, 2006

Case Law Development: Juvenile's Right of Privacy Not Infringed by Required Drug Testing While in Group Home

The California Court of Appeals answers the following questions regarding rights of juveniles, "Do the statutory provisions broadly empowering the juvenile court to make any reasonable order for the care and supervision of a dependent child include the authority to order a child who acknowledges a prior drug-abuse problem to submit to a drug test if the staff of the group home in which she resides believes she is under the influence of drugs? If the juvenile court is statutorily authorized to order a dependent child to submit to drug testing, is that authority consistent with the child’s fundamental right of privacy protected by article 1, section 1 of the California Constitution? We conclude the answer to both questions is yes."

In re Carment M., Coming Under the Juvenile Court Law, 2006 Cal. App. LEXIS 1086 (July 18, 2006)Opinion on the web (last visited July 19, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/07/case_law_develo.html

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