ACLU-PA Position: Opposes
HB 1737 would allow county children and youth services (CYS) agencies to obtain court orders to compel parents to undergo drug and alcohol testing during child welfare investigations if there is evidence that impairment due to drug or alcohol use is a contributing cause of alleged abuse or neglect.
Because drug testing is considered a search, both the Pennsylvania and United States Constitutions require the government to show that it has probable cause before it can compel an individual to undergo a drug test. HB 1737 would permit unconstitutional intrusions on parents’ privacy rights because it does not contain a requirement that a CYS agency have probable cause to believe that an act of child abuse or neglect has occurred and that drug testing the parent will reveal evidence relating to such abuse.
Check the bill's status here.