Drug and/or alcohol testing is often ordered by the Court in Care Proceedings. The Court orders this kind of testing if the use of drugs and/or alcohol is believed to have impacted a parent’s ability to care for a child/children.
Testing is requested to show whether a parent uses drink or drugs to excess. It also provides a fuller understanding of a parent’s dependence on alcohol and/or drugs as well as the impact this has on a child’s well-being. An application for drug and/or alcohol testing can be made by any party in Care Proceedings and is usually carried out by way of either a hair strand or blood sample.
What happens during a drug or alcohol test?
A sample collection will usually take place at a Solicitors’ office. These appointments can also be arranged for a home address or at a contact centre. A sample will always be collected by a qualified nurse or trained sample collector. A hair sample is usually collected from the lower part of the back of your head. However if head hair is not available, or in particular circumstances, an alternative collection site or method could be considered including arm and leg hair, fingernails and urine. Head hair usually grows at a rate of 1cm per month but hair growth from alternative parts of the body differs. Therefore, drug use can be established over a defined period depending on the length of the selected hair. A sample of hair can determine a history of drug and alcohol intake for up to 12 months.
Can I refuse to have a drug or alcohol test?
A parent who is alleged to have drug or alcohol issues can refuse to be tested. The Court cannot force a parent to undergo a test. However, if a parent refuses to agree to provide a sample for testing, questions may be asked by the Court and inferences may be drawn from the refusal. If the Court ‘draws inference’ it means that the Judge will reach a conclusion based on the current evidence before them. This means that if the evidence already provided to the Court shows there is believe there has been drug and/or alcohol abuse the Judge may conclude this to be true regardless of the fact it has not been scientifically proven.
It is always in a parent’s best interests to cooperate with the Court. Honesty is promoted by the Court and parents are encouraged to disclose any use of substances or alcohol before testing. This often helps to motivate change. The Court will always act in the best interest of the child/children and wants to help a parent recover and achieve a child-focussed lifestyle. It’s important to remember that a positive result on a drug or alcohol test does not automatically mean an adverse outcome for a parent who has tested positive.
