I began doing substance use evaluations in 2007, when the late great Bill Sheppard asked me to meet for lunch. He asked me to interview his client and write a report with conclusions and recommendations related to any substance use disorder in a criminal case. I was honored to be trusted to perform this service. He was able to use that evaluation to get reduced sentencing for his client.
From that point, I began conducting substance use evaluations for family, criminal and civil court cases. Following is a general process for a substance use evaluation for family court.
A substance use evaluation for family court is an assessment conducted to determine whether an individual has a substance use disorder (SUD) and how it may impact their ability to parent or meet the needs of their children. This evaluation is often required in family law cases involving custody, visitation or dependency matters, particularly when substance abuse is a concern.
Key Elements of a Substance Use Evaluation for Family Court
Biopsychosocial Evaluation/Clinical Interview
An interview with the individual to gather information about their substance use history, including: types of substances used; frequency and duration of use; previous treatment or recovery efforts; and impact of substance use on relationships, employment, and parenting.
Standardized Assessment Tools
There are several validated assessment tools that can be used such as SASSI-4, Drug Abuse Screening Test (DAST), which is used to screen for drug use and American Society of Addiction Medicine Criteria, which is used to assess the severity of substance use disorder.
SASSI-4 objective computer test, when used by trained professionals, can be an important tool in the assessment of substance use disorders. It is not intended to prove or diagnose an individual as an alcoholic or addict; it screens for a person who has a “high probability of having a substance dependence disorder.” This comprehensive assessment is required to determine if an individual meets the accepted standards in the mental health professional’s handbook, Diagnostic and Statistical Manual of Mental Disorders, for a clinical diagnosis of a substance-related disorder. This test has been in existence since 1987 and has a 94% accuracy.
Drug and Alcohol Testing
In some cases, the court or attorneys may want urine, blood or hair follicle testing to confirm current substance use. The results can help me form a more accurate assessment. Toxicology is key in determining substance use.
Collateral Interviews/Reports
I may interview other individuals, such as family members, social workers or others involved in the case, to get additional information on how the individual’s substance use affects their parenting and daily life.
Review of Legal and Medical History
I will review relevant documents, including criminal records or substance abuse treatment records; medical records that might indicate a substance use disorder or health issues which can be a direct result of alcohol or substance abuse (e.g., elevated liver enzymes, hypertension or diabetes). I also review any police reports for domestic violence, DCF cases that are open or closed, and any Baker Act history for the individual.
Recommendations
Based on the findings, I provide recommendations to the court, which may include: the need for substance use treatment or rehabilitation; recommendations for ongoing monitoring (e.g., drug testing, counseling, a drug patch, or soberlink to test for alcohol use while the children are in custody of the parent, a drug patch); custody or visitation recommendations, with a focus on the child’s best interests; and use of the Our Family Wizard as a means to communicate co-parenting without heightened emotions.
Purpose in Family Court
The primary goal of a substance use evaluation is to assess whether an individual’s substance use is impairing their ability to safely care for their children. The evaluation helps the court determine appropriate custody or visitation arrangements, ensuring that the child’s safety, well-being and overall development are prioritized.
While the evaluation is generally confidential, the results are typically shared with the court, and any treatment recommendations can be used in making custody decisions. A well-conducted substance use evaluation can be a crucial element in determining the best interests of the children in family court cases.
It has been my experience that the courts and attorneys’ number one focus is the safety of children. It certainly is mine. It is also important to remember that the parent with a substance use disorder is not a bad person trying to become a good person, rather they are not well, and we want them to get well and stay well.
