Pennsylvania Supreme Court Rules Children & Youth Services Investigators Cannot Compel Involuntary Drug Or Alcohol Testing
In a ruling issued on June 16, 2020, the Pennsylvania Supreme Court said the state’s county Children and Youth Services (CYS) agencies have no legal authority to require people suspected of child maltreatment to submit to drug and/or alcohol testing during investigations of child abuse reports. The Pennsylvania’s Child Protective Services Law does not expressly or implicitly authorize CYS agencies to collect samples of bodily fluids. Child protective services cannot force an investigation subject to provide samples for drug and alcohol testing against their will.
The decision was in a case filed in 2018 by a father . . .