DNA TodayDNA and the Law

2014E-Laboratory Network, LLC

Welcome

Agenda

• Legally-Binding DNA Relationship Tests• Proper Chain of Custody and Sample Collection

Protocol for Legal DNA Cases– What is the mandatory minimum required for legally-

binding relationship cases– Common errors on the COC exposed– Example Chain of Custody

• Informational DNA Tests– Infidelity Analysis

• Criminal Forensic DNA Cases• DNA Laboratory Accreditations Explained

Legal DNA Test Requirements

• Lab has to have necessary policies, procedures and accreditation with AABB

• Samples must be collected by person with no interest in the outcome of the case (no spouses, family or friends)

• Photo ID verified at time of collection and signed/dated by collector and participant

• Chain of Custody verifying control of all samples to the DNA Laboratory

Chain of Custody (COC)

• Look for/avoid common errors on the COC:– Proper consent of child by a guardian or conservator– Properly “relinquished” sample(s) by the collector

noted on the COC – Supporting documents verifying photo-identification

of each participant signed/dated by the collector and participant

– Lab terms and conditions attached to the COC– AABB accreditation on result– Notarized result – Result signed by lab director

Immigration Tests

• Always legally binding relationship tests• AABB Accreditation required at lab

performing immigration test• Local DNA office manages case from start to

finish for client including collection kit for overseas collection

• Make sure client has INS case #• Local DNA office sometimes contacted first

for immigration information (potential referral)

Informational DNA Tests

• Cannot be used for legally-binding cases– Does not prove the nature of the relationship without:

• disinterested third-party collector • proper documentation of participant identification

– Usually self-collected by participants – Infidelity and Ancestral Tests always informational– Only requires signed consent and/or signature of

guardian/conservator for minor (or incapacitated )

Infidelity Tests

• Informational tests only due to no COC

• Client has control of alternative sample

• Wants to analyze sample for presence of DNA

• Often compare to self (buccal swab reference sample)

Criminal Forensic Cases

• Look for:– Local access to independent, fully-accredited

forensics lab– Detailed case management including local

collections and crime lab sample procurement including COC to forensics lab

– Advanced quote of turn-around time and price – Odds of specific analysis resulting in a profile– Requirement to pay in full when samples arrive

at the lab

Lab Accreditations

• Forensic Quality Services International (FQS-I)

– ISO 17025 accreditation means the lab has completed the rigorous scrutiny of operations required including regular external audits

Lab Accreditations

• American Association of Blood Banks (AABB)

– International Association

– Supports the highest standards of medical, technical and administrative performance

Lab Accreditations

• NY DOH (State of New York Dept of Health)– Means the lab is authorized to perform

DNA tests on samples originating in the State of New York • New York requires a physician be

involved in a legal DNA relationship test

US Dept. of Homeland Security

• Requires that immigration DNA testing be performed by a AABB accredited lab

Lab Will Also:

• Have a PhD. review the results of each test

• Conduct and review the test results and documentation twice

• Be able to provide copies of current accreditation certificates

• Be listed on AABB web site

Thank You!404-788-2322

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