Legal Question in Juvenile Dependency in Indiana

My child is in Foster care - Adjudicated a Juvenile Delinquent - Juvenile court Indiana - I the Mother I had 1 positive urine drug screen on 9/10 my childs Obtained Drug Assessment sd no classes need that it was a one time situation Probation Officier had me do a urine on oct. 28 negative results then a hair test 12/09 negative, How can I get it so I do not have to submit to any more hair test they are to expensive and I cannot afford. My Childs Probation Officer does not like me and I think she is going to make me do another hair test in two months


Asked on 12/25/09, 5:55 pm

1 Answer from Attorneys

Jorge GEORGE Rodriguez Law Offices of Jorge "George" Rodriguez

While not specifically stated in your question, as a result of the delinquency adjudication the court has removed the child from the home and placed the child in foster care as part of a plan of care, treatment and rehabilitation. Part of that plan is directed at making sure you are drug free. As long as the case remains open and the court has jurisdiction it can order a variety of things in its attempt to help the child and this includes orders to persons who have contact with the child such as the parents. How often the probation officer can request that a parent give a drug screen will be determined by what is necessary and reasonable. If you cannot afford the tests you need to gather proof of your income and expenses and submit that to the court or begin by showing it to probation in order to demonstrate the impossibility or hardship the expense will create.

You may also want to consult with an attorney who is familiar or can become familiar with the specifics of your case. In Indiana juvenile cases both the child and the parents are parties to the matter and both have the right to be represented by an attorney. An attorney familiar with juvenile law in Indiana may want to review the preliminary inquiry report, the delinquency petition, any discovery in the case such as the police incident report(s), any probable cause affidavit and any findings of the court such as a plea agreement or fact finding hearing. There is also a report called a predisposition report that is sometimes prepared to help guide the court in fashioning a sentence or disposition as it is called in juvenile court when the child has been adjudicated a delinquent child (the equivalent of a guilty finding were the matter to be in adult court).

Read more
Answered on 12/30/09, 7:49 pm


Related Questions & Answers

More Juvenile Dependency questions and answers in Indiana