SC orders mandatory drug tests for children accused of crimes

The Supreme Court has ordered for mandatory drug testing for all children accused of criminal offenses with imposable penalty of imprisonment above six years starting November 5.

The order, approved by the 15 SC justices, was the recommendation of the chairperson and the members of the Subcommittee on Rules of Procedures for Family Courts.

If the result of the drug test is positive, the child or his parent has the right to challenge it within 15 days through confirmatory test to be conducted in any accredited analytical laboratory.

Once the initial finding is confirmed, it shall be prima facie evidence that said child has used dangerous drugs, which shall be without prejudice to prosecution for other violations.

Likewise, the high court also ordered that a child – or those aged 15 to 18 years old – taken into police custody for violation of the Dangerous Drugs Law, shall be subjected to a drug test within 24 hours from the time of his arrest.

The SC, however, gave the child and his parents the chance to voluntarily submit the drug dependent to a drug rehabilitation center accredited by the Department of Health, but it should be made prior to his arrest.

A child drug dependent who volunteered to be rehabilitated shall be exempted from any criminal liability for drug using once he is finally discharged from 18 months of confinement from the rehabilitation center. —  Rene U. Borromeo/QSB