Legal Question in Family Law in Pennsylvania
Social Services for Children and Youth
These people sent me a letter stating that they received an anonomous tip (which I already know it was my X husband) that there was concern for the welfare of the child (which is our child - she is 11) at my house that there could be illegal activity going on. They already talked to my daughter at her father's parents' house last Wednesday and now they want to come to my house and do a 5-minute spot inspection and a urine sample from me. Is this legal and do I have to comply with their request? We have been through this before and nothing became of it because he is a sick alcoholic and can't stand the fact that I won't have him in my life any more. But the last time it was just them coming over and talking with me for 10 minutes. Now they want body fluids from me. I don't understand how anyone can call these places and make false accusations and they have to check them out. I have never been arrested nor any type of trouble and my daughter has been with me through all the trama with her father. Please let me know if a good citizen with a good record has to put up with this bull!!!! Thank you for your time.
2 Answers from Attorneys
Re: Social Services for Children and Youth
Yes, they can. I would recommend that you comply it show you have nothing to hide.
The problem is there's no way to prove he made the call to C&Y. That is confidential by law.
If you have any questions feel free to contact me, the initial consultation is free.
{John}
Re: Social Services for Children and Youth
A urine test is a search. It does not seem to me that there is any probable cause for such a search unless there are facts that aren't in your question. If your daughter was interviewed at her father's house, she may have agreed with something that he said simply because she wanted to please him and that triggered CYF to get a warrant. If they have a warrant you have no choice. If they don't have a warrant, you can refuse but then it makes it look as if you have something to hide which can result in their being more intrusive. All in all, if you have nothing to hide, it's probably best to comply with their request whether they have a warrant or not.