Legal Question in Civil Rights Law in New Mexico
Violations of Civil Rights
If a parent/legal guardian of a minor child, who has been a runaway, takes the child to a medical facility to see if the child has been using illicit drugs or having sexual relations, is that a violation of the childs civil rights. If not, what is the legal reprocussions faced by the medical facility for refusing to administer these tests that were requested.
1 Answer from Attorneys
Re: Violations of Civil Rights
You should first know that a parent is NOT a legal guardian. It takes a court order to constitute anyone the legal guardian of another, including the parent of a child.
The medical facility is free to decline to test anyone it wishes, and probably did so in your case because the child wasn't a willing participant and there was no court order.
Investigate home testing kits for drug use.
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