Australian Capital Territory
Children and Young People (Drug Testing) Standards 2008 (No 1)
Disallowable instrument DI2008–277
made under the  
Children and Young People Act 2008, Section 887 Standard-making power 

1	Name of instrument
This instrument is the Children and Young People (Drug Testing) Standards 2008.

2	Commencement 
This instrument is to commence the day after notification.

3	Declaration
Under section 887 of the Children and Young People Act 2008, I declare that these drug testing standards apply to the drug use provisions found at section 488 of the Children and Young People Act 2008.

Katy Gallagher
Minister for Children & Young People

           5  November 2008

Drug Testing Standards for the ACT

Introduction and Purpose
Legal Authority and Obligations
Authorisations and Delegations
Definitions
What is urine analysis
Types of urine analysis
What is a test sample

Standards
Standard 1: When to request urine analysis
Care and Protection Services only requests urine analysis when it is clearly linked to the best interests of children.
Standard 2: How to request urine analysis
Care and Protection Services seeks to engage individuals in urine analysis through voluntary processes where possible.
Standard 3: Sample collection
All samples will be collected by an approved pathology service.
Standard 4: Valid and invalid samples
All samples must be valid before testing.
Standard 5: When a sample tests positive
A positive sample will be confirmed through a second testing process.
Standard 6: How to enforce compliance with urine analysis testing
Compliance with urine testing will be enforced by the Children’s Court where appropriate.
Standard 7: Provision of results
Results of urine analysis will be properly recorded and provided to the stated person.
Standard 8: Use of results
Urine analysis results may be used as evidence in the Children’s Court where appropriate.
Standard 9: Costs of testing
Care and Protection Services will fund the cost of urine analysis.

Introduction and Purpose

These standards address the conduct of drug testing under a drug use provision in a care and protection order, or interim care and protection order.  A drug use provision in a care and protection order is defined at section 488 of the Children and Young People Act 2008.
Legal Authority and Obligations

The drug testing standards are made pursuant to sections 887 and 488 which allow the Minister to make drug testing standards for the Children and Young People Act 2008.
Authorisations and Delegations

The following positions are delegated the power to apply for a care and protection order or an interim care and protection order with a drug use provision, by the Chief Executive;
Executive Director
Director, Care and Protection Services
Senior Manager, Care and Protection Services
Operational Manager, Centralised Intake Service
Operational Manager, Response & Intervention Team
Operational Manager, Care Orders Team
Designated staff of the Integrated Court Unit 

Definitions 

What is urine analysis

Urine analysis is the process of testing a urine sample to determine the presence of legal and illegal drugs.  Through testing for specific substances, it provides a means to identify ongoing substance use or confirm the abstinence of drug use.  

Urine testing is limited in its ability to determine dependence and/or impairment in relation to parenting ability.  The results of testing are one component of a broad assessment of parenting capacity and planning for the safety and wellbeing of a child and family.

Types of urine analysis

Urine analysis may be requested by Care and Protection Services on either a random basis or by regular arrangement.  The decision about which type of testing is appropriate will be determined on a case-by-case basis.

What is a test sample

60ml of unadulterated urine collected in accordance with Standard 3 of the Children and Young People (Drug Testing) Standards 2008.

Standards

Standard 1: When to request urine analysis

Care and Protection Services only requests urine analysis when it is clearly linked to the best interests of children.

1.1	Urine analysis should only be requested by Care and Protection Services (Department of Disability, Housing & Community Services) when an assessment by a case manager indicates that drug use may be affecting a stated person’s capacity to provide proper care and/or protection for a child.  
	
1.2	This may be an assessment which demonstrates either a history of drug use, or current use, by a stated person.	

Standard 2: How to request urine analysis

Care and Protection Services seeks to engage individuals in urine analysis through voluntary processes where possible.  

2.1	In seeking information about the drug use of a stated person, Care and Protection Services will always offer the individual an opportunity to participate in urine analysis on a voluntary basis.  Where this occurs, an agreement between the stated person and Care and Protection Services will be agreed and signed.
	
2.2	Where a stated person is unwilling to participate in urine analysis and Standard 1.1 of the Children and Young People (Drug Testing) Standards 2008 is met, the Chief Executive will apply to the Children’s Court for either a care and protection order or an interim care and protection order, with a drug use provision (s488).   

Prior to this application the stated person will be notified in writing by Care and Protection Services.
	
2.3	Testing arrangements will be discussed by the child’s case manager or team leader and the relevant individual.   
	
2.4	Testing arrangements will be articulated in the care plan in terms of frequency and type of testing (random or regular).  When testing arrangements are altered, a new care plan will be issued and provided to the specified person.
	
2.5	Random testing arrangements will be facilitated by administration staff in accordance with Care and Protection Services policy and procedure.	

Standard 3: Sample collection

All samples will be collected by an approved pathology service.

3.1	The method of collecting a urine sample needs to ensure that the sample is not invalid – or tampered with in any way (eg. substitution).  All samples must be collected by an approved pathology service which operates in accordance with standards and meets its chain of custody requirements.	

Standard 4: Valid and invalid samples

All samples must be valid before testing.

4.1	A valid sample is 60ml of urine:
•	collected by a pathology service; and
•	which has not been diluted; and
•	either measures a temperature of between 33°C and 38°C; or 
•	was collected by a pathology service which supervises the collection process.
	
4.2	Samples which do not meet these criteria are considered invalid.

Standard 5: When a sample tests positive 

A positive sample will be confirmed through a second testing process.

5.1	A sample will first be tested to identify a drug or class of drugs, this is known as an initial test or a screening test.  This test will also eliminate samples not containing the specified drugs or those containing drugs in quantities below the designated cut-off.  
	
5.2	Where a sample does not contain specified drugs or sufficient quantities of specified drugs, a negative result will be given.
	
5.3	Where a sample tests positive for a class of drugs at the initial test, a second or confirmatory test, will take place.  The second procedure will be done on a fresh test portion taken from the original sample.
	
5.4	When a pathology services determines that a test is positive, Care and Protection Services will record this information on the relevant child/ren’s paper and electronic files.

Standard 6: How to enforce compliance with urine analysis testing

Compliance with urine testing will be enforced by the Children’s Court where appropriate.

6.1	Where a care and protection order or interim care and protection order is in place with a drug use provision and Care and Protection Services are aware that the stated person is not complying with this order, the Chief Executive may take steps to improve future compliance.
	
6.2	Non-compliance is defined by the Chief Executive as a failure to attend three scheduled drug test appointments in a three month period, without a valid reason for non-attendance.
	
6.3	Steps to ensure future compliance may include:
•	A further application to the Children’s Court in relation to the breach.
•	A reassessment of the stated person’s parenting capacity and of the child/ren’s exposure to risk in the home environment.
•	A reassessment of the viability of a future restoration plan (where appropriate).
	
6.4	These reassessments may have an impact on the relevant child/ren’s care plan with regard to residence and contact arrangements.
	
6.5	A stated person will be notified in writing that these steps are being considered by Care and Protection Services, so that they have an opportunity to voluntarily re-engage with the court ordered testing process within an agreed timeframe.	

Standard 7: Provision of results

Results of urine analysis will be properly recorded and provided to the stated person.

7.1

7.2	All urine analysis results will be recorded on the relevant child/ren’s hard and electronic files.  

Individuals will always be notified in writing by Care and Protection Services when a result tests positive. 	

Standard 8: Use of results

Urine analysis results may be used as evidence in the Children’s Court where appropriate.

8.1	Compliance with testing and the results of urine analysis results may be submitted as evidence to the Children’s Court in support of an application for, or the revocation of, a care and protection order or an interim care and protection order.
	
8.2	Where an unexpected result is obtained, an assessment of the relevant child/ren’s safety may be completed by Care and Protection Services.	

Standard 9: Costs of testing

Care and Protection Services will fund the cost of urine analysis.

9.1	There will be no cost to a stated person for completing urine analysis when it is part of an agreed Care Plan.
	
9.2	Transportation to and from a drug test is to be funded by the individual unless discussed and agreed by Care and Protection Services.