Between 60 and 80 percent of all child abuse or neglect cases involve parental substance abuse. A lot of these end up in family drug court. In this article, we’ll explore this intersection of law and substance addiction.
What Is Family Drug Court?
Family drug court, or drug court generally, is a type of problem-solving court set up to deal with people convicted of drug offenses. Family drug courts, also called family treatment courts, are like drug courts, except they focus on child welfare cases in which one or both of the parents have drug or alcohol problems. These courts have the right to determine child custody and parental rights, working closely with Child Protective Services (CPS) in order to do this.
A family drug court typically combines elements of both family law and drug treatment, offering participants access to substance abuse treatment, counseling, medical detox, and other services while overseeing the case through the court system.
The history of family drug courts in the United States is relatively recent. The first family drug court was set up in 1995 in Reno, Nevada, inspired by the success of the original drug court program pioneered by Judge Herbert M. Klein in Miami-Dade, Florida, to address the city’s crack cocaine crisis. As of most recent data, there are 396 such courts today across various states, with 32 California family treatment courts comprising that number.
The goal of family drug court is to break the cycle of addiction and improve family stability by providing support to parents or caregivers as they work toward recovery. It often involves regular court appearances, drug testing, and compliance with treatment plans. If participants are successful, they can have their children returned to their custody or retain their parental rights, depending on the circumstances. The program is designed to prioritize the well-being of the children while helping parents overcome addiction.
How Does Family Drug Court Work?
Family treatment courts can look a little different from one court to another, but generally, they share some key characteristics. These courts usually offer substance abuse evaluations right within the courthouse, often immediately after the first hearing. There are regular court check-ins, often weekly, to make sure parents are staying on track with their treatment plans.
Family drug courts also provide substance abuse treatment along with extra support services like recovery coaches and other personalized help. Frequent drug testing is part of the process, and the court uses rewards and consequences to motivate participants, adjusting the level of monitoring based on how well parents follow through with their treatment.
Frequently Asked Questions About Family Drug Court
Here are some answers to some frequently asked questions regarding family treatment court:
How Long Does It Take CPS to Get a Court Order for a Drug Test?
CPS can request a drug and alcohol assessment at the time of the initial investigation or during court hearings. If a court order is required, it may take a few days to a week for the family treatment court to issue the order, depending on the urgency and the court’s schedule. CPS in California cannot force you to take a drug test without a court order. However, refusal will be noted as evidence against your fitness to be a parent.
Once the court order is requested, it may take a few days to a week to get the order, depending on the urgency and the specifics of the case. If the court considers the situation to be urgent (for example, if a child’s safety is at risk), it may move more quickly.
Can the Court Test You Without Warning?
Yes, a family drug court in California can order random drug tests. Participants are often subject to random drug and alcohol assessments throughout the duration of their program. This helps ensure that participants are complying with the conditions of their treatment and recovery program. A family treatment court may require regular drug tests to monitor progress and to encourage accountability in the process.
What Happens If You Refuse a Court-Ordered Drug Test?
Refusing court-ordered drug testing in California can have serious consequences.
It is typically seen as non-compliance with the court’s orders, and the following may occur:
- Sanctions: The court may impose sanctions such as additional treatment or increased monitoring.
- Removal from the Program: If a participant continues to refuse court-ordered drug testing or shows ongoing non-compliance, they could be removed from family drug court and returned to a regular child welfare court. This could delay or negatively impact efforts to regain custody of their children.
- Adverse Impact on Custody: Refusal to comply with a court-ordered drug procedure may affect your ability to retain parental rights or regain custody of your child.
Refusing a court-ordered drug and alcohol assessment can result in serious consequences, including sanctions, removal from the program, and potential negative impacts on custody or parental rights, all of which emphasize the importance of compliance with the court’s directives.
Will I Get Drug Tested on My First Court Date?
In California, it is possible that you could be required to undergo drug testing at your first court date in a family drug court. Depending on the specifics of the case, the judge may order an immediate drug test as part of the court’s assessment of the situation.
In many cases, a family treatment court will use drug testing as a key early intervention tool to evaluate the level of substance abuse and determine the appropriate treatment plan. However, it depends on the judge’s discretion and the case’s details. According to a study, family drug court judges in California ordered drug testing in about 40% of cases.
If you test positive for alcohol or drugs, the court may order you to attend addiction treatment.
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Call 866-881-1184What Happens If the Family Drug Court Orders Treatment?
If a family drug court judge orders treatment for a parent or caregiver, it typically means that the court has determined that parental substance abuse is a significant factor in the case, and treatment is necessary for the parent to regain or maintain custody of their children.
Ideally, the court will have treatment facilities close to the court. For example, in Little Rock, Arkansas, a treatment facility is actually located in the same building as the family drug court.
How Long Is a Family Drug Court Program in California?
The length of a family drug court program in California typically ranges from six to twelve months, though it can vary based on the individual circumstances of the case. The program duration depends on factors such as the participant’s progress in treatment, adherence to court orders, and successful completion of required tasks, including drug testing, counseling, and parenting programs.
If a participant makes good progress and complies with the program’s requirements, they may be eligible for an earlier reunification with their children. However, if challenges persist or compliance is incomplete, the program may extend until the parent has successfully met the court’s expectations.
How Addiction Impacts Families
If you fear that your drug use is impacting your family, it’s vital to take ownership of your recovery.
Parental substance abuse has a major impact on children. Children who grow up in homes where substance abuse is common are more likely to be exposed to violence and abuse, move constantly, and see destructive behavior normalized, leading to a cycle of addiction. The instability of such an environment is and the desire to mitigate this is what drives family drug courts in their decisions. While they should be shielded from direct exposure to substance abuse, it can make sense to explain substance abuse to your children. At least this way, they are less confused, and more able to assimilate their experiences in a healthy way.
It may be that you yourself were exposed to substance abuse as a child, perhaps by your own parents. While you did not choose your upbringing, you can choose to break the cycle of addiction in your family.
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Check Your CoverageThe Role of Family Drug Courts in Reunification
Family treatment courts play a critical role in family reunification. Their primary goal is to prioritize the well-being of the child, which means they live with their whole family, together, if possible. CPS works closely with the court to monitor the child’s living situation and ensure they are safe. However, if a child does not comply with a court-ordered drug treatment program or does not show sufficient progress, other arrangements will be explored.
Family Drug Court Success Rates
The efficacy of family drug courts is well–established. A 2011 meta-study found that family drug court is one of the most effective ways to improve addiction treatment outcomes, leading to higher rates of family reunification. Those who cooperated with court-ordered drug treatment were 20 to 30 percent more likely to complete treatment than otherwise. Likewise, family reunification rates were 20 to 40 points higher than comparative groups that did not take place in such programs.
Addiction Treatment at South Coast
Nothing in life is more important than family, and few things destroy family like addiction. If you are struggling with addiction, take action now for the sake of your loved ones. South Coast Behavioral Health offers a suite of addiction treatment programs that can help you be the person you need to be for your family. Call us at 866-881-1184 or contact us here to get started.
- Problem-Solving Courts | National Institute of Justice
- Family Dependency Drug Court – California Association of Collaborative Courts – CACC
- 2023_NTCRC_TreatmentCourt_Count_Table.pdf
- California “Child Welfare” Investigations 101 | ACLU of Southern California
- Drug Testing in Child Custody Cases
- Treatment Drug Courts: Integrating Substance Abuse Treatment With Legal Case Processing – PubMed
- Defining Drug Courts: THE KEY COMPONENTS
- (PDF) Addressing Substance Abuse Treatment Needs of Parents Involved with the Child Welfare System