Legal Question in Civil Litigation in Wyoming

if my daughter got in trouble for drinkingcan the make me do hair sample drug sc

last year my daughter got three m.i.p,s and was put on probation, well she broke her probation and we ended up going to court and the judge ended up putting her in a youth center. I work full time and they said she wasn't getting proper supervision from me and thats why she did what she did. well here it is 9 months later and she is still in there and we go to court in 2 weeks to see if she can comehome. well 6 years ago i was a addict who got busted, went to jail, and a rehab then moved away from that state and did a complete 360 degree turnaround with my life. well after they found all that out now thewy want me to do a hair sample drug screening which i even know will show up positive cause of how long drugs stay in your hair particles and i feel like they are pulling double jeopardy on me cause i've already paid for my crime and i'm not the one who got in trouble here. can they keep my daughter if i refuse to do the test?


Asked on 8/21/03, 9:03 pm

1 Answer from Attorneys

Billie Ruth Edwards Edwards & Johnson, Attorneys, LLC

Re: if my daughter got in trouble for drinkingcan the make me do hair sample dru

It sounds as if you are in the system under a child in need of supervision petition. If that is the case, yes, if you want your daughter back, you will probably have to give them a hair sample. This is clearly against the 4th and 5th amendments, but where children are concerned it seems no court will voluntarily observe those rights.

And, if your hair sample tests positive, you risk them keeping your daughter and possible criminal prosecution as well.

Generally, when the state has your child, it is very hard to get her back. You need to consult a local attorney. Best wishes.

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Answered on 8/22/03, 7:27 am


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