NYC family courts limit drug testing after lawsuit
New rules effective Nov. 2 require probable cause and restrict testing to cases involving substance abuse disorders.
By Tomas Gonzalez ·
New York City family courts have tightened their drug testing rules following a federal lawsuit. The changes, which took effect on Nov. 2, prohibit judges from ordering tests without probable cause. The policy also restricts testing to cases that involve a diagnosed substance abuse disorder.
The legal action began in June when The Bronx Defenders filed a suit in federal court. The organization sought to stop the revival of a pre-pandemic program. They argued the old policy gave judges too much discretion. Parents could face negative consequences in their custody cases if they refused testing.
Under the new rules, judges cannot ask parents to consent to testing as a condition of their case. They also cannot penalize parents for refusing. The policy addresses the logistical handling of tests as well. Officers can no longer guard parents while they provide urine samples. Judges are also barred from announcing results in the presence of people not involved in the specific case.
During the original program, attorneys reported that parents were escorted by officers to provide samples. Some waited up to an hour. Clients described providing samples with the door open and visible to other court staff. One parent who testified anonymously said the process felt humiliating in open court. That parent stated they took the tests to avoid the court assuming they were doing something wrong.
The Bronx Defenders argued the program violated the First and Fourth Amendments. They cited the right to access the courts and protection against unreasonable searches. Keith Baumann, legal director for the family defense practice at The Bronx Defenders, said a judge's request functioned as a demand. He noted that judges often threatened to draw an inference of a positive result if a parent refused.
Trisha Trigilio, director of impact litigation at The Bronx Defenders, said the previous policy allowed judges to remove children if parents did not agree to what she called an arbitrary test. She stated that a test is not voluntary when illegal child removal hangs on the answer. The court committed to making the changes in federal court, leading the Bronx Defenders to voluntarily dismiss the lawsuit.
The revised policy now aligns with the constitutional requirements cited by the defense. It establishes that no testing can occur without probable cause and that parents cannot be punished for saying no.
