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Walter
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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Does Indiana law require mandatory drug testing for newborns

Resolved Question:

If not required for every newborn, then are there certain criteria or specifications that must be met before performing such testing, & if so what are they? And if there are certain criteria that need to be met, would it be legal in Indiana for a hosp. or doctor to perform such testing without meeting such criteria, & without a mother''s knowledge or consent?
Submitted: 8 years ago.
Category: Family Law
Expert:  Walter replied 8 years ago.

Hello,

Basic Drug testing of all infants is legislatively mandated (PL-291/2001). If the newborn’s weight is less than 2500 grams and the head is smaller than the 10th percentile for the infant’s gestational age when there is no other medical explanation for these conditions a attending doctor can do more then the basic drug test on the child.

I wish you the best,

Walter

Customer: replied 8 years ago.
I'm sorry, but I didn't really understand your answer...Are you saying then that ALL newborns are routinely tested?
And, "If the newborn’s weight is less than 2500 grams and the head is smaller than the 10th percentile for the infant’s gestational age when there is no other medical explanation" then a doctor CAN do more than a basic drug test...what would be "more" ?
My understanding was that the part about the weight, & head size was part of the criteria in determining whether or not a drug test was performed...was I misinformed? And either way, is it legal to perform such testing without parental consent or knowledge...would this not be a violation of a persons 4th amendment rights?
Thank you...
Expert:  Walter replied 8 years ago.

Hello,

I am sorry, my fingers often go faster then my brain lol.

Drug testing of all infants is legislatively mandated (PL-291/2001) If the newborns weight is less than 2500 grams and the head is smaller than the 10th percentile for the infant's gestational age when there is no other medical explanation for these conditions a attending doctor can do the tests even without the mothers consent. Other reasons for testing include if the doctor suspects there is abuse, little or no prenatal care or the child is having withdraw like symptoms.

No this would not be against your fourth amendment rights. When there is suspected abuse (Drug abuse while pregnant would constitute abuse or neglect of the child's well being) the doctors and or officers of the law are permitted to investigate even without parental consent.

Walter

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