QUESTION

drug testing newborns

Asked on Aug 26th, 2013 on Civil Rights - New Jersey
More details to this question:
3 weeks ago, I gave birth to a healthy child in newark, nj. While still in the hospital, the social worker had the hospital drug test my newborn without my consent. Was that legal?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
It depends on why the social worker was involved.  If you have previously had drug problems, and social services was involved with any of your other children, then its possible that as part of social services on going case investigation and monitoring, they have permission to drug test your new born.  If you are clean, and doing well, congratulations, keep up the good work and don't worry about someone drug testing the baby.  If social services was not previously involved with you or any other children, there must have been some reason for them to suspect there might be a drug problem with the new born.  
Answered on Aug 26th, 2013 at 9:18 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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