Drug testing can be used by the court to determine paternity, settle custody issues, set standards for visitation rights, and other legal matters. Types of tests most ordered by the court are hair, urine, saliva, and DNA. It is important that the correct information be given to a drug testing facility to ensure that the correct test is done.
Although most courts are aware that drug testing is available and can provide vital information, the court orders we receive do not always contain instructions specifying the type of test and which drugs need to be screened in the test. For the most effective test results, the following items should be noted:
The type of test – urine, saliva, hair, nail and/or DNA – should be stated in the court order.
The court order should name the number and/or kind of drugs to look for in the test.
All urine tests should be witnessed to prevent tampering or substitution.
Threshold or cut-off levels should be lowered to detect smaller amounts of drugs.
If the drug in question is an opiate, a test for expanded opiates should be requested.
All tests should be sent to a certified laboratory for confirmation.
All positive laboratory tests should be evaluated by a Medical Review Officer.
A collection site trained to follow the collection procedures outlined in 49 CFR Part 40 should be used to do your drug tests. This collection site should also be up-to-date in the laws of the state where the drug test is to take place. This training will enable the collection site to protect your client in the collection process and make sure the test will hold up in court.