Legal Question in Civil Litigation in Maryland

Juvenile Justice

Upon a meeting at the Juvenile Justice Department for a case that was already setteled before entering my 17 year old daughter was taken and given a drug test as well as a phsycological evaluation. This was done without my option to refuse. There were no drugs involved in the offense. Can this be done or is it a violation as my rights to refuse?


Asked on 3/11/04, 11:31 am

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Juvenile Justice

Your child should be represented where the complaint is serious. As described, the situation involves non-judicial administrative action.

The state may direct that the Department of Juvenile Justice or another qualified agency study the child to include assistance of a physician, psychiatrist, psychologist, or other qualified person. This applies after the petition is filed with the court.

The findings of such study may be admitted in court for some matters and not for others and this is a fact based inquiry.

There is no requirement that the court hold a hearing before ordering a study of the child.

Any report of a study is to be made available to counsel before any hearing in court.

Hope this helps address your question.

You may want to consider moving for expungement of a finding of delinquency as an option. Contact an attorney.

Holthaus Law Office

(410) 799-9002

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Answered on 3/11/04, 7:01 pm


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