I am assuming the authorities want DNA to decide whether there could be any criminal charges brought against the father. Is that your concern? You do not really ask a questionAsk a similar question
This seems to be an ongoing legal question. You cannot get good legal advice for your specific questions by simply posting on Avvo. You need to speak to an attorney directly and have them review your case.
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You need to tell us what "county" agency is trying to force the DNA test.
My understanding of the facts is this. There is 12 year old that is pregnant. The 12 year old does not wish to have herself or the currently unborn child tested to determine paternity. The parents support the 12 year old daughter's decision and are seeking to block that testing. now and when the child is ultimately born.
Your question is whether the State may compel that testing over the standing objection of the 12 year old and her parents, the argument being that it is an unreasonable search and seizure in violation of constitutional protections.. One position is that such a test is a "fishing expedition" since there is nothing that indicates who was the purported father.
Is that correct?
If so, I believe the State may be able to compel the testing under the child protection statute. MN Stat 626.556 indicates that the public policy of the statute is "to protect children whose health or welfare may be jeopardized through physical abuse, neglect, or sexual abuse. While it is recognized that most parents want to keep their children safe, sometimes circumstances or conditions interfere with their ability to do so. When this occurs, families are best served by interventions that engage their protective capacities and address immediate safety concerns and ongoing risks of child maltreatment."
The Statute includes as neglect -the commission or omission of any of the acts specified under specified clauses (1) to (9), other than by accidental means, which include lack of supervision or due care.
My hunch is that the State will use the 12 year olds pregnancy to make a case for a lack of supervision and care compounded by the parent's unwillingness to cooperate in the investigation and/or testing to determine if maltreatment occurred. I think they would likely convince a Judge to compel testing as part of the CHPS case.
This is, of course, assuming there is no other evidence or indicia that a criminal act has occurred. there will no doubt be an ongoing investigation in that regard where witnesses, including friends of the child, will be questioned.
Ultimately, a full review of all of the facts and evidence presently available would be necessary for any real analysis.
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Hello. This is a repeat post. This website does not provide legal advice, just general information and general principles of law. Please seek private legal counsel for your needs. Also, you ought not post any details whatsoever of this matter on a public website. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.
Tricia Dwyer, Esq.
Twin Cities - Minnesota licensed attorney, Tricia Dwyer, Esq.: Phone 612-296-9666. FAMILY Law, Rule 114 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 - EVERY DAY OF THE YEAR until 8 p.m. daily. See www.dwyerlawfirm.netAsk a similar question
I am not responding to any criminal issues that may be involved. Several laws are involved in this matter for a paternity standpoint. Under Minn. Stat. 257.62, if there is a court order, or a request from the mother, child or alleged father, the “County” can require a blood test from the alleged father. This, and similar laws around the country have been challenged as violating the U.S. Constitution. In Minnesota this was ruled on by the Minnesota Supreme Court in the case State on the behalf of Kremin vs. Graham, 318 N.W.2d 853 (Minn. 1982). The Court said the State’s interest in knowing who the father is, is more important that the individual’s right to privacy. Often, the “County’s” motivation for this testing isn’t criminal, it’s to know who they need to go after for child support if the mother or child are receiving financial assistance or medical assistance from the “County.” This is a general answer not specified to a hypothetical question about the State’s ability to require genetic testing. I am not your attorney and am not offering you legal advice. You should immediately call an attorney who can give you advice based on your situation.Ask a similar question