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Legal Information: Indiana

Custody

Updated: 
October 27, 2020

When can a judge order that a parent be drug tested?

A judge can require a parent to undergo drug testing as a condition to using his/her parenting time if either of the following are true:

  1. the parent has a history of unlawful drug use within the last five years; or
  2. there is a “reasonable likelihood” that the parent is currently using unlawful drugs.1

The parent who has to take the drug tests is also responsible for paying the costs of the drug testing.2

1 IC 31-17-2-21.8(a)
2 IC 31-17-2-21.8(c)