N.J. Admin. Code § 13:95-5.11

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:95-5.11 - Collection and analysis of urine specimens

(a) Substance abuse testing shall be by urinalysis utilizing a Commission-approved urinalysis specimen test kit and shall be conducted by staff who have been trained to perform such testing.

(b) Specimens taken from juveniles shall be voided directly into an approved specimen container and immediately read in the presence of the juvenile and at least two authorized staff members of the same gender as the juvenile.

1. A minimum of 50 milliliters must be voided to ensure a sufficient quantity for all required testing.

2. Testing shall be in accordance with the instructions/standards provided by the manufacturer of the test.

3. The custody staff member or other authorized staff member who administers the test shall record on the Office of Substance Abuse Administration, Continuity of Evidence Form, his or her name and job title, the date and times the specimen was taken and read, the results of the test, and the names of the staff member witnesses.

4. Urine specimens shall be disposed of promptly upon the recording of information provided for in (b)3 above.

(c) Juveniles charged with the use of prohibited substances not prescribed by the medical staff based upon the results of testing shall be advised of the results of any tests at least 24 hours prior to any disciplinary hearing ordered because of those charges.

(d) All testing shall be accomplished in a professional and dignified manner with maximum courtesy and respect for the juvenile's person.

(e) No juvenile shall be disciplined for refusing to provide a specimen or failing to comply with an order to submit a specimen unless that juvenile has been given a reasonable physical opportunity to comply with such order.

1. For the purposes of urine testing, a reasonable physical opportunity shall constitute a two-hour period from the time of the initial order, during which time the juvenile shall be offered water in amounts not to exceed eight ounces per 60-minute period. The juvenile may be required to remain in a secure area during this two-hour period.

2. The juvenile shall not be deemed to have complied with the order to submit a specimen unless he or she provides a specimen in the presence of a custody staff member or other authorized staff member.

N.J. Admin. Code § 13:95-5.11

Amended by 48 N.J.R. 2163(a), effective 10/17/2016