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Drug testing during COVID-19 and stay-at-home orders

By Jennifer Satagaj on April 16, 2020
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In the context of a custody case, drug tests are court-ordered to protect the safety and well-being of the child or children the subject of the suit. The need or requirement for drug testing doesn’t change just because there is a pandemic. Yes, you or someone you know can currently submit to a drug test even though there are stay-at-home orders in effect.

There are testing facilities that are still open, practicing social distancing and taking other precautions as they continue to operate. Consult with an attorney to see if you reside in a county that has an emergency order in place that might prevent testing. Most likely, the emergency order does not prohibit an individual from submitting to a test. You or your attorney can contact a drug-testing facility to ensure they can administer the test that you want, confirm the cost of the test, as well as the expected turnaround time for the results.

If there is not a court order for drug testing, there is still the option to request an individual (or for you) to voluntarily submit to a test.

If you suspect substance abuse is an issue, be sure to address it. Even if you are not able to require an individual get tested right away, keep in mind that different tests can detect substances for longer periods of time. In other words, just because a urinalysis test may not detect usage, a nail or hair test may have a different result. The frequency and amount of usage may also be a factor in whether a test comes back positive for a particular substance.

  • Posted in:
    Family
  • Blog:
    Dallas Divorce Law Blog
  • Organization:
    Michelle May O'Neil

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