Is it legal for a minor who is not on formal juvenile probation to be randomlydrug tested?

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Is it legal for a minor who is not on formal juvenile probation to be randomlydrug tested?

This minor gone went threw the intake probation process and passed the first drug test and is now awaiting a trial date for assault charges. The minor was asked to complete a second drug test by a probation officer while in school. Is this mandatory?

Asked on March 23, 2011 under Criminal Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It does occur for probation officers to do surprise drug tests on those juveniles, especially in the school system. The probation officer is trying to ensure he is clean to protect him and to ensure no one is providing him the drugs. He is also trying to protect others in his class. It may not be mandatory but a) may be something in school guidelines, state guidelines or rules or b) it could also be part of his probation under a provision so broad it allows this kind of testing. If you want to make sure he is not being subject to testing that other's in his situation aren't, contact your attorney and discuss the issue. A meeting may be needed with the probation officer or the probation officer's supervisor to discuss resolution of the matter.


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