Legal Question in Consumer Law in Maryland

Is failure to provide drug testing service properly a breach of contract?

My 17 year old son was sent by the court to an intensive outpatient drug treatment facility. They were to provide counseling and urine tests. They did the urine tests improperly (did not supervise) and my son was able to substitute clean urine for his. This meant that an on-going problem wasn't detected in a timely fashion. My son is now in a locked juvenile facility awaiting placement in an inpatient program. The treatment facility expects payment, but I think there is a breach of contract since they didn't do their job properly.


Asked on 4/24/03, 7:54 am

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Is failure to provide drug testing service properly a breach of contract?

This could be a breach of contract, it all depends on the contract between the facility and you in behalf of your minor son.

More important is your son's situation. If the facility is state certified then it has more of a problem than it realizes. It may

loose its certification based on sloppy work. The criminal justice system depends on these facilities to do their job properly.

If the facility did not supervise the testing, what evidence does it have that he substituted urine? Moreover, what evidence does it have that his uring is tainted? A number of issues could arise from this matter.

I do not know anything about your son's situation but you may benefit from the service of an attorney.

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Answered on 4/24/03, 1:55 pm


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