My 17-year-old friend in foster care is randomly drug tested. Can he refuse the random drug tests...?

Question

...when he gets out of foster care next month, even though he will still be 17?

He will likely be returned to his bio mom (former drug addict) on Sept 20, 2008.

How about when he turns 18-years-old? Then can he tell CPS to go fly a kite? Correct?

I don't think foster care and child protective services have any say when he reaches 18-years-old to force random drug test. This is America.

And I dont see how the criminal justic system would be involved if he remains drug-free up until the point he gets out.

So in theory, he could do what he wants when he turns 18 without fear of random drug tests?

Answer 1

Well I'm sure he could refuse them right now, but then foster care might refuse to provide for him or his family, in turn.

I do think that they check up on the just-released foster kids (my adopted cousin) but what are they going to do after he is out of care? There shouldn't even be a CPS guy because at 18 he is, legally, an adult.

I'm sure he could just do what he wants now, they have no reason to jsut randomly drug test him, howeverr tell him to make SURE that if they do visit him that he goes through detox or he's been clean for at least a month before the visit.. just in case.

But I totally get what you're saying, this is America. But the only problem is that now he's legally an adult, and the ony fear he should be faced with in this matter is being caught with illegal substances, because now he can be charged as an adult rather than a minor..

I don't know, it really sounds 50/50 to me..

Answer 2

I would assume your friend wouldn't want to go down the same road as his mother, and I would assume you - being a "good friend"- wouldn't want him to go down that road either.  Perhaps you should focus less on the drug testing and more on what you and your friend are going to do with your lives once he's out of the foster care system... maybe have some actual plans for your future that don't include drugs,  alcohol, etc. etc....?

Answer 3

  Why are you so damned concerned about your friend taking drug tests??? Afraid he's going to be caught being dirty and blow the whistle on you???

Answer 4

So long as CPS is paying his freight, so to speak (foster parents are paid by the state to support the child), they can ask. If after 18, he's an adult and he's free to support himself.

Answer 5

He can refuse them anytime. What the authorities will do is something else. When he is 18, you are correct. No one can make him take one without cause and a court order.