Matter of Appeal in Maricopa Cty., No. Jv-508801

I respectfully dissent from the opinion that the juvenile court lacks the authority to require DNA testing as a condition of probation.

The majority’s reasoning is straightforward enough. Noting that the Arizona Legislature has required DNA testing of adults and HIV testing of juveniles, the majority argues that the legislature could not have intended to allow DNA testing of juveniles because the legislature did not expressly authorize it.

The principal difficulty with the majority’s argument is this: The fact that the legislature has not required testing does not mean that testing is…