TestingCourt-Ordered Drug and Alcohol Testing in California: A Family Guide. What a testing order usually means, how to follow it exactly, and how to keep your family steady while you do.

This guide is not legal advice. For your situation, talk with a California attorney.

Testing can come up in many kinds of cases. In family court, it can be part of a custody or visitation case. California judges must think about the best interest of the child, and regular, ongoing substance use by a parent is one of the things a judge can weigh. In criminal cases, testing is often a condition of probation, a diversion program or a collaborative court such as a drug court or DUI court. Those courts pair close judicial supervision with treatment.

For family court, California Family Code section 3041.5 sets rules for when a judge may order testing of a parent or other person seeking custody or visitation. In general terms, the judge must first find a pattern of drug use or alcohol abuse, and must order the least intrusive method of testing. Your attorney can explain how that applies to your case.

An order or program may spell out some or all of these:

• The type of test: urine, breath, saliva, hair, an alcohol test such as an EtG test, or an alcohol monitoring device.
• The schedule: a set day, a set number of tests per week, or random testing where the person is notified and must test that same day or within a short window.
• Observed collection, where a staff member of the same gender watches the sample being given, to protect the result from tampering.
• Chain of custody, a signed paper trail that tracks the sample from collection to the lab so no one can question whose sample it was.
• Lab confirmation, where a positive screen is sent to a lab for a second, more precise test before it counts as a final result.
• Who gets the results: the court, the attorneys, a probation officer, a program, or the other parent.
• How long testing lasts and what happens when it ends.

Who pays is decided by the court or by an agreement between the parties. In family court, a judge can order one or both parents to pay. Do not assume. Check the order or ask your attorney.

The order may also name a specific testing provider, or say what kind of provider is acceptable. If it does not, ask your attorney or the court which providers and procedures will be accepted before anyone starts testing. A clean result from the wrong place may not count. For a plain explanation of how testing works in general, see How drug and alcohol monitoring works.

Some orders and programs treat a missed test, a late test, a refusal, or a sample that cannot be tested the same as a positive result. Read your order to see what it says. If you cannot make a test because of an emergency, tell your attorney right away and keep proof of the reason.

What happens after a positive result depends on the type of case. In general terms:

• In family court, California law says a person can ask for a hearing to challenge a positive result. A positive result does not, by itself, decide custody. The judge still looks at the whole picture and the child’s best interest. Results in these cases are kept confidential in the court file.
• In probation, diversion or a collaborative court, a positive or missed test is usually reported to the officer, program or judge. That can lead to a hearing, more frequent testing, a change in treatment, or other consequences set by the court.

Tell the collector about any prescribed medicine before you test, and bring the pharmacy label or a note from the prescriber. Some everyday products that contain alcohol, such as some mouthwashes and hand sanitizers, can affect sensitive alcohol tests. Ask the provider what to avoid.

A safety note: do not stop drinking or stop taking benzodiazepines suddenly just to pass a test. Stopping alcohol or benzodiazepines suddenly can be medically dangerous. Talk to a doctor first.

• Keep a copy of the order where you can find it fast, and reread it whenever anything changes.
• Set up notice the way the provider tells you to, whether that is a call, text, app or email, and check it every day the order requires.
• Test on time, at the right place, with a photo ID.
• Keep every receipt, chain of custody copy and result. Save emails and texts from the provider.
• Keep a simple log with the date, time, place, test type and result. A notebook or a phone note is fine.
• If something goes wrong, such as a closed site, a late notice or a lost sample, write down what happened right away and send it to your attorney.

Partners and family members can help with rides, reminders and calm support. It helps to agree that the person being tested owns the schedule. Family members can encourage, but checking up in an angry way usually adds stress without adding safety. Our guide on support for families has more on this.

An attorney can explain the order in plain words and confirm which testing provider and procedures are acceptable. They can also raise problems with the court, ask to change the order when circumstances change, and help challenge a result that looks wrong. They can also tell you what to share and what not to share with the other side.

Talk with your attorney before you sign releases, agree to a new testing plan, or switch providers. If you do not have an attorney, the California Courts Self-Help Guide explains court processes and how to find free or low-cost legal help, and courthouses have self-help centers.

A test result alone does not help someone build a stable life. Many people do better when testing sits inside a larger plan: treatment that fits their needs, someone who keeps appointments and paperwork on track, and family members who know how to help without taking over. Courts often look favorably on steady participation in treatment, but what counts in your case is a question for your attorney.

A case manager can help coordinate care, keep records organized and keep everyone on the same page. Blackburn Recovery Services offers case management and family support, including a free virtual family support group every two weeks open to any family.

For testing itself, Blackburn Monitoring offers random testing with electronic notice, home testing, lab confirmation, and results shared with consent. Before you rely on any provider, confirm with your attorney or the court which testing provider and procedures are acceptable for your case.

• Judicial Branch of California: Self-Help Guide to the California Courts
• Judicial Branch of California: Child custody and visitation
• Judicial Branch of California: Adult drug courts
• Superior Court of Los Angeles County
• SAMHSA: National Helpline

Our Where to start page walks through the options. You can also call us at (888) 305-5422 or email info@theblackburngroup.org. Families can also look at our page for families.

For questions about your case, talk with a California attorney.

If someone is in crisis, call or text 988 to reach the 988 Suicide and Crisis Lifeline. In an emergency, call 911.

Related help in Los Angeles: Drug and alcohol testing for families in Los Angeles. Or call (888) 305-5422.

• How Drug and Alcohol Monitoring Works
• What Does a Case Manager Do?
• 5150 Holds, CARE Court and Conservatorship

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