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DNA Today DNA and the Law 2014 E-Laboratory Network, LLC

DNA Today DNA and the Law 2014 E-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

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DNA Today DNA and the Law 2014 E-Laboratory Network, LLC

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  1. DNA TodayDNA and the Law2014E-Laboratory Network, LLC Welcome

  2. 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

  3. 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

  4. 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

  5. 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)

  6. 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 )

  7. 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)

  8. 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

  9. 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

  10. Lab Accreditations • American Association of Blood Banks (AABB) • International Association • Supports the highest standards of medical, technical and administrative performance

  11. 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

  12. US Dept. of Homeland Security • Requires that immigration DNA testing be performed by a AABB accredited lab

  13. 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

  14. Thank You!404-788-2322 • Comments • Questions • Open Forum • Support Documents

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