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. 

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Key Elements of a Substance Use Evaluation for Family Court: 
 

• Biopsychosocial Evaluation/Clinical Interview: with the individual to gather information about their substance use history, including: 

  • Types of substances used (alcohol, drugs, prescription medications) • Frequency and duration of use 

  • Previous treatment or recovery efforts 

  • Impact of substance use on relationships, employment, and parenting 
     

• Standardized Assessment Tools

  • I use validated assessment tools such as the SASSI-4 objective computer test. When used by trained professionals, the SASSI can be an important tool in the assessment of substance use disorders. The SASSI is not intended to prove or diagnose an individual as an alcoholic or addict; it is intended to screen for a person who has a “high probability of having a substance dependence disorder.” It should be kept in mind that a thorough assessment integrates other available information, such as self-report and family history, and is done by a skilled professional. 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.

  • DAST (Drug Abuse Screening Test): To screen for drug abuse 

  • American Society of Addiction Medicine Criteria: To assess the severity of substance use disorder 

• 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 of such testing can help me form a more accurate assessment. Toxicology is key in determining substance use and I always employ some of the above mentioned testing. 

• 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 legal documents, including criminal records or prior substance abuse treatment records, as well as medical records that might indicate the presence of a substance use disorder, or related health issues as a direct result of alcohol or substance abuse. For example, elevated liver enzymes, hypertension or diabetes that could be directly a result of alcohol or substance abuse. I am also reviewing 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 or counseling, soberlink or BACKtrac to test for alcohol use while the children are in custody of the parent, wearing a drug patch, that can be examined for any drug use.) 

    • Custody or visitation recommendations, with a focus on the child’s best interests

    • 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. 

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Important Considerations: 

• Confidentiality

  • 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. 

• Compliance with Recommendations of the evaluator
   

A well-conducted substance use evaluation can be a crucial element in determining the best interests of the children in family court cases. 

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It has been my experience that the courts and attorneys number one focus is the safety of the 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. This will be of great benefit to the children and hopefully reduce the levels of anxiety during time sharing.