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Lab is Not Scheduling Random Drug Tests as Ordered by a Custody Court

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  • 02-03-2016, 05:15 PM
    gracielou
    Lab is Not Scheduling Random Drug Tests as Ordered by a Custody Court
    My question involves a child custody case from the State of: CA
    Hello - My husband has been fighting for custody for 4 years. Marijuana on mother's part has been an issue the entire time. Recently, child has received second hand contact and reported she was sleepy as well as observing the weed being rolled into blunts. The judge ordered 4 random drug tests per month and we are to go back at a later time. This last month, the lab only completed 2 of the 4 tests. After receiving only one test result, my husband called the lab on 1/25/16 and was advised, "the ywould complete more tests"; however, only one more was completed. Is the mother in contempt or is the lab at fault for not following the orders. These orders have been in effect and followed for the last 4 months. Conveniently, this is happening weeks before the court date.
    I just want to know who is at fault and who can we hold accountable.
  • 02-03-2016, 05:41 PM
    Dogmatique
    Re: Mother Did Not Complete Court Ordered Drug Tests
    You can't hold anybody accountable.

    Mom is not to blame for the lab not doing something, and the lab is not under any order so the court can't do anything to the lab, either.
  • 02-03-2016, 05:44 PM
    jk
    Re: Mother Did Not Complete Court Ordered Drug Tests
    your husband was ordered to undergo tests and for some reason he has not presented for all of them? If so he apparently needs to schedule more tests.


    If you are talking about the mothers tests: your husband has no business contacting the lab about any of it. Your husband can't do anything about this and you cannot hold anybody accountable for anything. The court will determine what they do and if the mother is in violation of some order the. the court will make their decisions with taking that into consideration.
  • 02-03-2016, 05:47 PM
    cdwjava
    Re: Mother Did Not Complete Court Ordered Drug Tests
    Dad can speak to the court concerning the lack of reported drug tests and maybe an alternative to the current testing company can be found. But. ultimately, this is dad's fight and he can only raise his concerns to the court.

    If the lab has only once gotten behind on the tests, this is hardly a systemic problem. Between Holidays and the possibility of staffing levels and increased workloads, hiccups happen. And since I am going to assume these tests have not resulted in any POSITIVE tests since there is no mention that mom has been punished by the court for a positive test, is there some reason to believe that after four months mom suddenly fell off the wagon and smoked some dope last month??

    Quote:

    Quoting jk
    View Post
    your husband was ordered to undergo tests and for some reason he has not presented for all of them? If so he apparently needs to schedule more tests.


    If you are talking about the mothers tests: your husband has no business contacting the lab about any of it. Your husband can't do anything about this and you cannot hold anybody accountable for anything. The court will determine what they do and if the mother is in violation of some order the. the court will make their decisions with taking that into consideration.

    I read that it was mom testing, not dad ... perhaps I got that wrong????
  • 02-03-2016, 05:53 PM
    jk
    Re: Mother Did Not Complete Court Ordered Drug Tests
    It's mom testing. The initial statement was to say it is not something the op or her husband has a right to be calling the lab to verify mom is testing. In fact unless a court ordered it be disclosed to the husband the lab is probably committing a hipaa violation in disclosing even the fact the mother submitted to a test.
  • 02-03-2016, 06:07 PM
    gracielou
    Re: Mother Did Not Complete Court Ordered Drug Tests
    My husband was ordered to submit the test orders to the lab. The mother is completing random drug testing. She has a positive test and a court certified "diluted/failed test". There is a CPS safety plan in place for her drug use. An ex parte was filed after the failed tests and her tests were increased from 2 per month to 4 per month. She does not follow any of the court orders and this is just added to the list. He is for sure bringing this up in next court date. I was just curious how this would impact her since the tests were increased and she did not complete 4 tests. We have an order that allows us to call the lab to request a test if we feel there is drug use or child is in danger.

    we also receive an email with her test results once the lab has completed the test.

    So if it is a court order and it is not followed, there are no consequences?
  • 02-03-2016, 06:25 PM
    cdwjava
    Re: Mother Did Not Complete Court Ordered Drug Tests
    The court can sanction mom for her dirty tests, but, they cannot sanction the lab for failing to complete them nor is mom likely to be held accountable for the lab's problem. If mom failed to show up as ordered by the court, then she can be held to account. But, she cannot control the lab's testing process.

    I'm curious what a "court certified" "diluted/failed" test might be. I understand the latter, but what does it mean to be "court certified?" That the court has already received the info and sanctioned mom over the dirty test?
  • 02-03-2016, 06:38 PM
    gracielou
    Re: Mother Did Not Complete Court Ordered Drug Tests
    They received notification from the lab that it was diluted and the judge acknowledged that the test was a fail. Yes, judge is aware of the positive test and diluted test. They were ordered to another rmediation, new couRte date and mother had to go 4 addit iona months with 4 random tests per month. This was all ordered in the ex parte that was filed when she had the 2 failed tests.
  • 02-03-2016, 06:42 PM
    jk
    Re: Mother Did Not Complete Court Ordered Drug Tests
    So, given the increase in number of tests was issued ex parte, how do you know the mother is even aware of it?
  • 02-03-2016, 07:25 PM
    Dogmatique
    Re: Mother Did Not Complete Court Ordered Drug Tests
    Quote:

    Quoting gracielou
    View Post
    My husband was ordered to submit the test orders to the lab. The mother is completing random drug testing. She has a positive test and a court certified "diluted/failed test". There is a CPS safety plan in place for her drug use. An ex parte was filed after the failed tests and her tests were increased from 2 per month to 4 per month. She does not follow any of the court orders and this is just added to the list. He is for sure bringing this up in next court date. I was just curious how this would impact her since the tests were increased and she did not complete 4 tests. We have an order that allows us to call the lab to request a test if we feel there is drug use or child is in danger.

    we also receive an email with her test results once the lab has completed the test.

    So if it is a court order and it is not followed, there are no consequences?

    Once again, the lab is NOT a party to the court order. Even. If.

    I don't think you really understand how this works - so I suggest your husband either talks to his attorney, or finds a new attorney.
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