What to Do if Somebody Performs a Paternity Test on Your Child Without Permission

[Taxing Matters]

OH and there is no such thing as battery in Texas so that is a dead end too

True enough, Texas doesn’t call it battery. The acts that my state and some others divide into the separate crimes of assault and battery Texas apparently combined into its assault crime under Texas Penal Code section 22.01. But the problem is that the only part of the statute that might be implicated here is subsection (3), which makes it a crime to “intentionally or knowingly [cause] physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.” That would be very difficult for the prosecution to prove in this circumstance, and is part of the reason why I said before that I think no prosecutor would touch it.

[llworking]

True enough, Texas doesn’t call it battery. The acts that my state and some others divide into the separate crimes of assault and battery Texas apparently combined into its assault crime under Texas Penal Code section 22.01. But the problem is that the only part of the statute that might be implicated here is subsection (3), which makes it a crime to “intentionally or knowingly [cause] physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.” That would be very difficult for the prosecution to prove in this circumstance, and is part of the reason why I said before that I think no prosecutor would touch it.

She was obviously not authorized to obtain medical care/information regarding the child if neither parent authorized the DNA test. That would be a violation of nursing ethics. However, if it was just one of those home kits, it might not be a violation as a nurse. On the other hand, if she had the DNA test performed where she works, or via where she works, then I strongly suspect that her employer might actually fire her for it.

Seriously...we both know that in OUR particular industry that there are things an employer might fire us for that are not technically a violation of Circular 230. Its no different in the nursing industry.

[Mercy&Grace]

I.would be more concerned about why she felt the need to.do.the test.

[cbg]

But was she doing it in her capacity of an RN, or as the child's grandmother?

[LawResearcherMissy]

Nurses have legal and ethical obligations far and above the average citizen on the street. She can be reported to her state Board of Nursing.

MIL, who was an RN for 40 years, tells me that if she had pulled a stunt like that, she would have lost her license - regardless of who she pulled that stunt on.

But was she doing it in her capacity of an RN, or as the child's grandmother?

Unless she had explicit permission from the child's parents, it's irrelevant what capacity she was performing it in. You don't perform medical tests on anyone - not even your minor grandchild - without the patient's permission, or in the case of minors, without explicit consent from their parent or legal guardian.

Grammy needs her ass kicked up over her head and a complaint filed with her nursing board.

[Dogmatique]

MIL, who was an RN for 40 years, tells me that if she had pulled a stunt like that, she would have lost her license - regardless of who she pulled that stunt on.



Unless she had explicit permission from the child's parents, it's irrelevant what capacity she was performing it in. You don't perform medical tests on anyone - not even your minor grandchild - without the patient's permission, or in the case of minors, without explicit consent from their parent or legal guardian.

Grammy needs her ass kicked up over her head and a complaint filed with her nursing board.

Here's the funny thing.

We've had two licensed family law attorneys - one of whom practiced in Texas - categorically state that such a grandmother COULD be prosecuted, and yes at the very least fired, for doing this exact same thing.

And yet oddly, both attorneys are being contradicted (albeit not directly) here.

How 'bout that.

[Mr. Knowitall]

We've had two licensed family law attorneys - one of whom practiced in Texas - categorically state that such a grandmother COULD be prosecuted, and yes at the very least fired, for doing this exact same thing.

If different from the statute identified by TaxingMatters, please ask them to identify the provision of the Texas Code under which prosecution could occur. Also, TaxingMatters did not state that a prosecution could not occur under that statute -- just that it was highly unlikely. I am inclined to agree with that assessment.

As for grandma's getting fired, she could get fired for having mismatched shoelaces or her boss not liking the color of her car so, yeah, of course she could get fired.