Source: Oregonian, The (OR) Copyright: 1999 The Oregonian Pubdate: Wed, 7 July 1999 Contact: 1320 SW Broadway, Portland, OR 97201 Fax: 503-294-4193 Website: http://www.oregonlive.com/ Forum: http://forums.oregonlive.com/ Author: Clifton R. Chestnut, of The Oregonian staff FREE TEEN DRUG TESTS MAY SPREAD IN STATE Molalla's 2-Year-Old Program, Thought To Be Unique In The United States, Is Attracting Attention In 10 Other Cities Wednesday, July 7, 1999 MOLALLA -- A Molalla Police Department program that encourages parents to bring in their children for free drug testing is likely to be expanded to 10 other Oregon cities this year. State and national police groups say the test, a urinalysis that detects four families of drugs in less than 15 minutes, might be the first free drug testing administered by police in the United States. Molalla Police Chief Rob Elkins considers the program a success: in 1998, 59 of the 67 children brought in by parents tested positive. Although police in Molalla say participants won't be prosecuted or tracked by authorities, critics see distinct flaws with such testing. Civil rights advocates fear police might use positive results against participants in the future, while independent testing laboratories question the accuracy of the tests, which yield almost immediate results. The Oregon State Police and the Oregon State Sheriff's Association have endorsed the program. The Oregon Association of Chiefs of Police in April voted to help expand the testing to 10 other cities and will pay the cost of $10 per test for the pilot program. Parents and their children must sign waivers acknowledging that the test results are confidential. David Fidanque, executive director of the American Civil Liberties Union of Oregon, said he hopes those waivers are "iron clad." Fidanque said the tests are "putting law enforcement in the position to ignore information." He said he doesn't think government should play a role in drug testing. "I think it ought to be between kids, families and their doctors," he said. "Parents should not expect the government to be parents to their kids." Molalla Juvenile Officer Cam Steigleder meets with both parents and their children after their tests to refer them to professional counseling or drug treatment, if necessary. She says police keep waivers on file for one year for statistical purposes only. Mother tests son out of concern A Molalla mother who had her teen-age son tested after the boy's behavior escalated to vandalism defended the program, even though her son tested negative. The Oregonian is withholding the names of the mother and her son because he is a juvenile. "I knew that if I didn't get help, they would see him in the system," the woman said. "I was hoping there was a reason for his change in behavior." The boy, who admits his behavior was destructive and is now enrolled in an alternative school, said he agreed to the test to prove to his mother that he wasn't using drugs. "I think she should just believe me," he said. "She didn't trust me." The Roche Diagnostic "TestCup" used by Molalla police requires 30 milliliters of urine and detects cocaine, methamphetamine, opiates such as heroin, morphine and other pain relievers, and tetrahydrocannabinol, the active ingredient in marijuana. The tests results are as accurate as those done in laboratories, said Audrey Hennefer, a Roche senior account manager. But other laboratories in the Portland area say the results shouldn't be completely trusted. "All those tests should be confirmed by a lab when they are positive," said Jim Lanson, a technician at Public Service Laboratories Inc. in Tigard. John Bissell, director of Analytical Systems Inc. in Portland, said parents must also be aware that over-the-counter medications and some foods could skew test results, and that parents should request a confirmation test if they receive positive results. Both Bissell and Lanson said their firms would charge $27.50 to test for the four categories of drugs tested in Molalla. Molalla Sought Faster Results The Molalla program began in 1997, when Elkins approached the Oregon State Police about the agency's drug-testing program in Coos Bay. Parents there can deliver their children's urine to police for testing. The tests cost $17 each and results can take a day or longer. Elkins and his staff adapted the state police program so parents could bring in their children to police headquarters for free tests that yield results within 15 minutes. "We're in the sad reality of being in the same boat as everybody else" when it comes to teen drug use, Elkins said of the town of 5,400, located about 30 miles south of Portland. Since Molalla adopted the program two years ago, police in the towns of Ontario and Sutherlin have begun similar testing. But the ACLU and police groups contacted for this story say they're unaware of any other free, police-administered programs in the United States. Legal experts say precedent seems to support such testing. The U.S. Supreme Court ruled in 1995 that schools could force athletes to submit to random drug tests, a case that began when a 12-year-old boy sued the Vernonia School District over its rule requiring drug tests. The seventh-grader, James Acton, later lost the case on appeal. William Funk, a constitutional law professor at Northwestern School of Law of Lewis & Clark College said that in Oregon, the state's interests outweigh a child's privacy rights. Kimberly Fidler, 15, of Colton, supports the program, though she said, "I'm pretty sure 95 percent of the drug users would think it's an invasion of privacy." Paula McLain and Dionicia Rowe, both 14 and freshmen at Molalla High School, said they have classmates whose parents have paid for testing after suspecting drug abuse. McLain said her friend's mother "just doesn't trust her" and said the test results were negative. Molalla parent Tina Dickinson said she likes the option of having her children tested for drugs. "I'd rather them hate me than be dead." - --- MAP posted-by: Richard Lake