020: Alcohol, Drugs & Other Addictions in Child Custody: The Traditional Approach

Substance abuse is often used as a weapon in family court, even when there isn’t a significant problem. Courts have several ways of handling this issue, and each method can have long-term implications.

In this episode of Children First Family Law, Krista explores how family courts determine whether a parent is safe with a child. She outlines her experiences with families dealing with these scenarios, implementing advice and expertise from psychologist and attorney Dr. Stephanie Tabashneck. Two previous podcast episodes, with guests Cheryl and Mike, explore both parenting sides of this situation.

Krista offers an outline of the tools the court can use to evaluate a substance abuse issue and any additional risk factors. You’ll also hear the 10 factors the DSM-5 defines substance abuse. Together, these tools help attorneys and courts form parenting time recommendations.

Substance abuse in a divorce scenario can be complicated. This episode is a guide for navigating substance abuse while keeping children’s best interests at the forefront.

In this episode, you will hear:

• Substance abuse—primarily alcohol—is a chronic issue in family court, requiring assessments of handling approaches, their implications, and parental safety.
• Krista’s experiences working with families in these situations and the expert advice she receives from attorney and psychologist Dr. Stephanie Tabashneck
• The tools used by courts when a child’s safety is an immediate concern
• Why courts are sometimes hesitant to restrict legal substance use entirely 
• Direct testing methods like Soberlink or BACtrack, urine analysis, hair follicle, and nail testing
• Substance Use Evaluation (SUE) involves an in-depth assessment conducted by a highly qualified professional with a strong background in addiction counseling, psychology, social work, or a related field.
• Psychological testing in conjunction with a Substance Use Evaluation
• A sample of questions you can expect from a Substance Use Evaluator (SUE) and the background information included
• Substance Abuse Subtle Screening Inventory (SASSI) evaluations and its insight into a person’s potential proclivity for substance abuse
• DSM-5’s definition of substance abuse and substance abuse disorders and the required criteria
• The 10 factors used to diagnose a substance abuse disorder according to the DSM-5
• Dimensions to evaluate for level of care decisions and what to look for in the evaluator’s report
• Recommendations following a Substance Use Evaluation (SUE) based on the results and when these evaluations are needed

Resources from this Episode

www.childrenfirstfamilylaw.com

Soberlink Remote Alcohol Monitoring | Improving Lives

BACtrack | The Leader in Breathalyzers

Home www.NAADAC.org

Adult SASSI-4 | The SASSI Institute

Alcohol Use Disorders Identification Test (AUDIT)

Michigan Alcohol Screening Test (MAST)

5280 Drug Testing - 5280 Drug Testing, Greenwood Village, CO

Drug Testing - Precise Monitoring

ASAM - American Society of Addiction Medicine

SAMHSA - Substance Abuse and Mental Health Services Administration

Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM5).

American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders – Fifth Edition (DSM-5) defines a Substance Use Disorder based on using the criteria below. If, in the previous 12 months, an individual was identified as meeting 2-3 of the criteria they would have a mild disorder; meeting 4-5 criteria would equal a moderate disorder; and meeting 6 or more criteria would indicate a severe disorder. If the individual had previously met the criteria for a Substance Use Disorder, and none of the criteria have been met in the last three months, but less than 12 months, the diagnosis would be considered “In Early Remission.” If the individual had previously met the criteria for a Substance Use Disorder, and none of the criteria have been met in the previous 12 months, the diagnosis would be considered “In Sustained Remission."

1. Substance is often taken in larger amounts over longer time period than was intended
2. Persistent desire or unsuccessful efforts to cut down or control substance use
3. Great deal of time spent in activities necessary to obtain, use, or recover from its effects
4. Craving, or a strong desire or urge to use the substance
5. Recurrent use resulting in failure to fulfill major role obligations at work, school, or home 
6. Continued use despite persistent or recurrent social or interpersonal problems caused or exacerbated by the effects of the substance use
7. Important social, occupational, or recreational activities are given up or reduced
8. Recurrent use in physically hazardous situations   
9. Continued use despite knowledge of having a persistent recurrent physical or psychological problem that is likely to have been caused or exacerbated by substance use 
10. Tolerance as defined by:                      
    1. A need for markedly increased amounts to achieve intoxication or desired effect
    2. A markedly diminished effect with continued use of the same amount of substance
11. Withdrawal, as manifested by either of the following:
    1. The characteristic withdrawal syndrome for the substance  
    2. The substance, or a closely related substance is taken to relieve or avoid withdrawal symptoms

All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation. 

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