Deborah M. v. Superior Court

In Deborah M. v. Superior Court (2005) 128 Cal.App.4th 1181, the appellate court determined that section 3041.5 did not authorize hair follicle drug testing because the statute expressly provides that any court-ordered drug testing must conform to federal drug testing procedures and standards, which only allow urine drug tests. The court therefore directed the trial court to vacate its order compelling a hair follicle drug test. In so ruling, the Deborah M. court did not consider whether "section 3041.5 is unconstitutional because it does not contain any substantive or procedural guidelines for drug testing, only incorporating them by reference to federal regulations." (Deborah M. v. Superior Court, supra, 128 Cal.App.34th at p. 1187, fn.3.) Because the issue was raised for the first time in appellant's reply brief, the court declined to consider it. (Ibid.)