How testing a child for exposure can change the outcome in family courts.

Testing Children – A controversial subject

The testing of children, is a complex and, at times, controversial subject. At FTS, we appreciate that it’s never a decision taken lightly by professionals and that any request needs to be dealt with in a patient and sensitive manner.

Over recent times, we have seen something of a cultural shift in the Family Courts. We now receive a number of requests every week for us to undertake an investigation into the possible exposure and/or ingestion of drugs by children.

Best practice – How do we test children?

FTS takes the firm view that simply using the procedures used to test adults is not appropriate and can cause unnecessary distress to the child and lead to the inaccurate reporting of results. We have spent a great deal of time perfecting our processes and believe that using our unique model of best practice is the only appropriate way to test a child.

Step 1
Our Customer Service Team, will guide you through the range of testing available and ensure that our instructing solicitors and/or social workers will receive a quote that is fit for purpose and provides true value for money.

Step 2
We have a specialist team of Forensic Investigation Officers, who have received additional training in how to collect a sample from a child. We acknowledge and appreciate that every child collection is different. Our Forensic Investigation Officers have no time pressures in dealing with these collections and the child and carer will be given as much time and support as is needed.

Step 3
In addition, a detailed fact-finding exercise takes place prior to the collection, so that all relevant information is obtained from the child’s carer and/or social worker. This includes us obtaining all of the relevant information that could influence our interpretation of the results. This fact-finding exercise can take up to 45 minutes. Again, we appreciate that these collections are often undertaken in difficult and distressing circumstances for family members. However, the importance of this information cannot be under-estimated and helps to ensure that our experts are able to give a detailed opinion.

Step 4
Once the sample is received by our Laboratory, it is interpreted by our specially trained reporting scientist. At FTS, we look at all influencing factors and do not simply consider the results alongside the Society of Hair Testing’s cut-offs. It should be noted that simply using the Society of Hair Testing Cut-off can lead to an incorrect opinion, as they are the same cut-offs used for the consideration of results in adults. There are no specific cut-offs for children, despite the obvious differences in body size and how substances are metabolised by children.

FTS Case Study: Testing a 9 year old in family court proceedings.

In a recent case an opinion given by our experts resulted in the immediate removal of a child from his parents.

We were instructed to undertake hair and nail testing on a 9 year old boy for Benzodiazepines, Cannabis, Cocaine, Opiates, Gabapentin, Pregabalin and Methadone over a 6-month period.

Unusually in this case, the parents were initially reluctant to agree to a hair sample being taken and, at the initial collection we were only able to obtain a nail sample.

Following the collection and processing of the sample by our lab, the results were analysed immediately upon receipt by our scientific reporting team.

Unexpected Test Results

The initial results were extremely concerning, showing that the child had been frequently exposed to cocaine, heroin, cannabis and methadone.

Due to the high levels found our team decided to contact the instructing solicitor immediately by telephone so that the child could be kept safe. The contents of this telephone call were confirmed in an emailed statement from our Technical Director, in case any application needed to be made to the Court.

Prior to the completion of our full report, the Local Authority issued an urgent application to the Court and ensured that the child was placed away from his parents and to ensure his immediate safety.

From the quote being accepted to the Local Authority being informed of the results only four days had passed and without our immediate intervention the child would have remained living in an unsafe environment.

Concluding Comments

When the appropriate test profile is used and results interpreted in context with key factors (in particular methadone levels, hair treatments and wash ratios), FTS come to a very different conclusion from other laboratories despite the analysis finding relatively the same levels in the hair, leading to a different decision. Cost should not compromise the thoroughness of the investigation and testing.