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UT: Record failed to show grounds for drug testing of juvenile's parents in delinquency proceeding

By John Wesley Hall, Jr.

Parents could not be ordered to undergo UAs as a condition of a juvenile's delinquency proceeding without specific evidence of wrongdoing. State v. Moreno, 2009 UT 15, 2009 Utah LEXIS 21 (February 20, 2009): [*P16] The second component of a test of a condition's reasonableness is whether there is a logical connection between the parent's conduct, the minor's conduct, and the court order. If the court order is premised on a belief that there may be drug use in the home, then there must be, at minimum, sufficient evidence to suggest that drug use is in fact occurring in the home. Finally, if the goal of the order is to reform the minor's drug use, the order must be related to drug use rather than to another aspect of the parent's behavior unrelated to drugs...continue to full post

Full post as published by Fourth Amendment on February 26, 2009 (boomark / email).