Know The Basics About Family Court-Related Substance, Alcohol, and Drug Evaluations 

In cases of child custody, shared parenting plans, or visitation disputes, a domestic court's primary focus is ensuring the best interests and safety of the child. When problem substance use is suspected or has been previously documented, the court may require a parent to undergo a drug and alcohol use assessment. This assessment helps the court determine the parent's capacity to care for their child in a safe and responsible manner and may have bearing on the details of a shared parenting agreement. 

What is a Clinical Substance Use Assessment?

A clinical drug and alcohol evaluation is a professional assessment conducted by a licensed mental health or substance use specialist. The goal is to assess the extent and impact of a person's alcohol use, drug use, or substance use on their behavior, decision-making, and daily life. Ultimately, the question is whether or not the person being evaluated or assessed has a substance use disorder or if not, if they have significant risks related to current use or future use (“relapse”) of alcohol or drugs which could create a potential safety problem during a time where one is responsible for the safety of children. The assessment (also known as an evaluation) process typically includes the following:

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• Completion of brief screening and diagnostic questionnaires.
• A comprehensive interview about the individual's history of alcohol or drug use.
• A medical and mental health history review.
• Recommendations for education, treatment, or counseling, if any.

The results of this assessment provide insight for the court as to whether substance use may impair or compromise the parent’s ability to meet their child's needs and look out for their safety. It might also help the court determine the extent to which the parent can maintain a healthy emotional attachment or bond, especially when the child is an infant or toddler. 

Reasons a Domestic Court May Mandate a Substance Use Assessment

1. Substance Use Allegations

One of the most common reasons a court mandates an assessment is due to allegations of substance abuse. These allegations may arise from:

• A co-parent or family member raising concerns.
• Reports from Child Protective Services (CPS).
• Arrest records related to substance use (e.g., DUI, DV, public intoxication, etc.).

Even if the allegations are unsubstantiated, the court may order an assessment as a precautionary measure to protect the child.

2. Previous Substance Use History

If the parent has a documented history of substance use or has previously completed addiction treatment, the court may want to ensure they remain sober and capable of caring for their child. This is especially important if the parents’ sobriety was a condition of previous custody or visitation arrangements.

3. Behavioral Red Flags

Domestic courts are sensitive to behavioral signs that may indicate problem substance use, such as:

• Tardiness or a pattern of problems during child visitation.
• Frequent tardiness or absence from court hearings.
• Erratic behavior or mood swings.
• Poor decision-making or inability to follow court orders.
• Difficulty maintaining meaningful employment.

These behaviors may prompt the court to investigate whether underlying substance use problems are affecting the parent’s ability to care for their child.

4. Protective Concerns for the Child

The court's paramount concern is always the safety and well-being of the child. If there is any indication that substance use might put the child at risk—whether physically, emotionally, or psychologically—the court commonly requires an assessment to address potential risks.

5. Voluntary Compliance with a Court Order

Sometimes, parents may proactively agree to undergo an assessment to demonstrate their commitment to sobriety and remaining a safe and involved parent at all times. This voluntary compliance can show the court that the parent is taking positive steps toward self-improvement and that they genuinely care about the child’s well-being.

The Assessment Process: What to Expect

If a court mandates a substance use assessment, parents should be prepared for the following steps:

1. Selection of a Qualified Professional: The court may recommend or require a the assessment or evaluation be completed by a specific certified professional or one with specific professional credentials.
2. Initial Consultation: The clinician will conduct a detailed interview to understand the parent's substance use history and current situation.
3. Screening Tools: Commonly used tools include the AUDIT (Alcohol Use Disorders Identification Test) and DAST (Drug Abuse Screening Test).
4. Collateral Contacts: It is also common for courts to require the professional evaluator to interview individuals who know about your use of alcohol or drugs, including partners, former spouses, family members, etc. In some instances, the court may require the evaluator to review relevant medical or treatment records, legal records, or items they are aware of that could be considered “evidence” of a problem with substance use.
5. Results and Recommendations: After completing the evaluation, the clinician will provide a report detailing the findings and any recommended interventions, such as education, counseling, or a more structured treatment program. .

Potential Outcomes and Court Decisions

The results of a clinical substance use assessment can significantly impact court proceedings. Depending on the findings, the court may:

• Grant Full Custody or Visitation: If no significant issues are found, the parent may be granted full or equal custody or regular visitation.
• Impose Supervised Visitation: If minor concerns are identified, the court may require supervised visits until further evidence of sobriety is provided.
• Mandate Treatment: If substance use issues are identified, the parent may be required to undergo treatment before, or as a condition of resuming custody or unsupervised visitation.
• Restrict Parental Rights: In severe cases where substance use poses an immediate danger to the child, the court may temporarily or permanently restrict the parent’s custody rights.

How a Substance Use Assessment Can Benefit Parents

Although a court-mandated assessment may feel intimidating, it can also offer significant benefits to parents:

• Demonstrates Accountability: Undergoing an assessment shows the court that the parent is serious about their parenting responsibilities.
• Provides a Path to Healing: If substance use is identified as an issue, treatment recommendations can help the parent lessen risk and/or regain control over their life and improve their relationship with their child.
• Builds Trust with the Court: Compliance with court orders helps build credibility and trust, which can positively influence custody and visitation decisions.

Common Misconceptions About Substance Use Assessments

There are several myths surrounding substance use assessments in custody cases:

• Myth 1: The Court Always Assumes Guilt - Reality: The court’s goal is to ensure child safety, not to automatically penalize parents. A quality assessment can sometimes clear up misunderstandings or help in a situation where a relapse occured and more support is needed.
• Myth 2: Substance Use Automatically Leads to Losing Custody - Reality: Many parents with a history of substance use retain custody or visitation rights as long as they show a commitment to sobriety or safe and responsible use of a legal substance.
• Myth 3: Assessments Are Permanent Labels - Reality: The results are used for the current case and can change with new evidence of sobriety or behavior improvement.

Navigating Court-Ordered Substance Use Assessments

If you are ordered to undergo a clinical substance use assessment, consider the following tips:

• Be Honest: Full transparency during the assessment will provide the most accurate results and appropriate recommendations. It may be natural to feel defensive. If you are feeling defensive, it might help to talk about the reasons with the evaluator and consider first how to defuse strong feelings that might cloud your responses or complicate the assessment process.
• Follow Recommendations: If counseling, treatment, or monitoring of alcohol use is recommended, comply fully to demonstrate commitment to self-improvement.
• Seek Legal Advice: An experienced family law attorney can guide you through the process and help you understand how the assessment will impact your case.

Final Thoughts

Domestic courts prioritize the best interests of children, and clinical substance use evaluations are valuable tools for ensuring parental fitness and child safety. While the process may be uncomfortable, it also provides an opportunity for parents to demonstrate accountability, seek necessary support, and build stronger relationships with their children.