In Re Carmen M.
Carmen M. v. Superior Court
Opinion
Opinion
Perluss, J.
Do the statutory provisions broadly empowering the juvenile court to make any reasonable order for the care and supervision of a dependent child include the authority to order a child who acknowledges a prior drug abuse problem to submit to a drug test if the staff of the group home in which she resides believes she is under the influence of drugs? If the juvenile court is statutorily authorized to order a dependent child to submit to drug testing, is that authority consistent with the child’s fundamental right of privacy protected by article I, section 1 of the California Constitution? We conclude the answer to both questions is yes and accordingly deny Carmen M.’s petition for a writ of mandate directing respondent Los Angeles Superior Court to vacate its order requiring her to submit to drug testing upon request by the staff of the David & Margaret Home.
FACTUAL AND PROCEDURAL BACKGROUND
1. Carmen M. ’s Original Contact with the Department of Children and Family Services and the Voluntary Services Agreements
Carmen H., the mother of then 16-year-old Carmen M., entered into a voluntary family maintenance agreement under Welfare & Institutions Code section 301 with…