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New York Drug Testing Laws in 2022!

 


The good news is that there are drug testing laws that allow us to identify drug addicts and get them the help they may need before they can cause too much damage. New York’s drug testing laws are constantly changing, and they’re going to be significantly different than they have been in the past. Let’s take a closer look.

CPS/Child Protective Services Drug Testing Laws In New York

First and foremost, it’s important to understand the laws that are already in place that allow drug testing in situations involving cases of child abuse, neglect, and dependency.

New York State’s Child Protective Services Act (1973) is the law that governs child protection cases. It does so by providing for the mandatory testing of any individuals who have been determined to have abused or neglected a child under their care.

That means that those individuals who are determined to be unfit from the very beginning might be subject to drug testing.

Although New York’s CPS drug testing laws are stringent, they are not set in stone. There is a chance that these laws can be modified as long as the changes are significant and help protect children. They also have to abide by the federal law and guidelines set forth.

However, New York, like most states, created a child protection system in statute with five fundamental components:

How Does CPS Drug Test Work In New York State?

In New York State, any individual who is found to be unfit regarding a child’s management or care is required by law to undergo a drug screening. However, the CPS drug test in New York works as follows:

  1. Report of neglect or abuse must be made to the CPS in New York State
  2. The CPS will then investigate the matter and determine if there’s sufficient evidence of abuse, neglect, or dependency
  3. Suppose it is determined that abuse or neglect occurred. In that case, the CPS may petition for drug testing to determine if these individuals have any substance abuse issues that prevent them from managing their child correctly.
  4. A positive drug test result might lead to additional disciplinary actions by the court system. It may include:
  • Restrictions on contacts with the child or guardian
  • Termination of parental rights and care
  • Only those determined to be unfit will be subject to drug testing by the CPS.

Moreover, the parents and guardians of the children whose custody has been terminated cannot use any substances.

They are only allowed to use drugs if they need their prescription medications to maintain their health. Any blatant attempts at self-medicating will lead to termination of parental rights and care.

What Type Of Drug Tests Does CPS Use In New York?

The CPS typically uses one of three drug testing methods in New York State.

  1. Hair Follicle Test: CPS drug testing usually utilizes a hair follicle test to determine if there are any signs of drug use within an individual’s system. This test works by examining the hair growing on the individual’s scalp.
  2. A Urine Test: urine test is easy and the most common and inexpensive way for the CPS to conduct drug testing. It’s also a relatively easy test to conduct, as it requires only a few simple steps.
  3. Saliva Test: Finally, the CPS can also obtain a saliva test from an individual to determine whether they have recently used any drugs. Saliva tests are done by collecting a saliva sample with a soft swab of the individual’s cheek.
Best Option For CPS Hair Follicle Drug Test In New York

The best hair follicle drug test New York has to offer is the Uritox Hair Follicle Drug Test . Its state-of-the-art technology allows to easily detect an individual’s drug use and help put those unfit people who can’t care for their children in the right place immediately.

Furthermore, the Uritox hair follicle test is FDA certified to ensure its accuracy. It is also the go-to testing solution for those who want to get a correct reading of their hair follicle drug test. This drug test can detect drugs up to 90 days after the last drug use, which is more than enough time to determine if someone was using drugs when they were supposed to be taking care of their child.

Uritox hair follicle test is convenient and easy to use. It can be easily used in the comfort of your home, making it almost impossible to make a mistake while performing the test. Get tested at your nearest drug testing center and get your results in a short period of time.

New Born Drug Testing Laws In New York
  • In New York, it is prohibited to conduct any drug test on a newborn or a pregnant individual without written confirmation in public hospitals. The parents and guardians are responsible for drug testing on their baby unless there’s an immediate danger for their or someone else’s life that requires them to conduct the drug test immediately.
  • It is also prohibited to punish an individual for refusing to consent to drug testing on their newborn or a pregnant individual unless there is a reasonable suspicion that the individual was using illegal substances during the time their child was conceived.
  • Drug testing without consent can only happen in an emergency or medical purposes.
Pre-Employment Drug Testing Laws In New York

The laws surrounding drug testing in New York are very different from those of other states. New York is the first state where employers have been banned from pre-employment drug testing for the use of cannabis since May 10, 2020.

In other words, an employer may not test an employee for use; employers are also prohibited from considering MMJ use as a factor when hiring new employees. The employer cannot discriminate against an individual based on their MMJ use unless there is a medical emergency.

Although this is not applicable for those applying to safety-sensitive positions such as commercial drivers, aviation staff, and health care employees who have direct contact with patients, it is still legal for employers to require drug testing of all safety-sensitive positions.

Thus, an employer may decide which employees need drug tests and which do not. However, a worker may sue the employer in court if they have failed to follow these new laws. The above policies can change, so individuals are encouraged to keep abreast of them.

Originally published at https://www.drugtestpanels.com on March 25, 2022.


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