17.7 Dependency Resulting from Substance Abuse | CWS

Any juvenile court may establish a family treatment court division to provide an alternative to the traditional judicial system for the disposition of dependency cases and for assisting superior courts with criminal cases referred to such division under O.C.G.A. §15-11-15. The goal of a family treatment court division is to:

Each family treatment court division shall establish criteria which define the successful completion of the family treatment court division program.

Relapse is defined as a falling back or sliding into a former state. Within the context of substance abuse, relapse is marked by a subsequent occurrence of drug use following a period of abstinence/sobriety. Relapse is an expected part of the recovery process. Relapse occurs in varying degrees, ranging from a single instance of drug use to an extended episode of binging that can last for several days. Relapse is most often triggered by physical, emotional and/or psychological cues in the environment (e.g., the smell and/or sight of the drug, a former hangout where the person used drugs, interaction with people with whom the person commonly used drugs, etc.). Signs of relapse include, but are not limited to:

SSCMs should work with the family and treatment providers to develop a relapse plan that ensures the child’s safety and well-being needs will be met. The SSCM must evaluate each occurrence of relapse individually, on a case-by-case basis. It may be necessary to request a subsequent assessment from a drug treatment provider with a recommendation of services needed. There are also times when it will be necessary to file a dependency complaint in juvenile court if the safety of a child cannot be ensured in the home or through other controlling safety interventions. If a child is not at imminent risk and/or safety is controlled through other means, the SSCM should evaluate the existing evidence of impending danger safety threats with the supervisor to determine whether court-ordered intervention is necessary for compliance with services. If the court is already involved, notification to the court of a relapse or of any significant changes to the case plan resulting from the relapse must occur.

Relapse planning involves the identification and development of a plan of action that the family agrees to follow in the event of a relapse. This may include outlining who will contact the DFCS case manager, participation in AA or NA, weekly telephone contact with an identified family member or friend, a temporary caregiving resource for the children, etc. The SSCM must discuss these plans with family members so that roles and responsibilities are clearly defined to ensure the safety of the child(ren) should relapse occur. Relapse planning should occur during DFCS involvement and prior to closing the case. Families should be engaged in relapse planning so they may continue to adjust the relapse plan as necessary when DFCS is no longer involved with the family.

The best predictor of whether a person will recover from an instance of relapse is the correct treatment intervention matched to the person’s stage of change. When there is no progress in other life areas (e.g., improved caregiver protective capacities or competency, financial stability, positive relationships, etc.), there is also a lack of necessary motivation to regain control over the addiction. To prevent the risk of relapse, address these factors as a part of case management activities with the caregiver regularly.

Private vendors performing substance abuse screens and substance abuse assessments are bound by the confidentiality clause and Health Insurance Portability and Accountability Act (HIPAA) provisions in their DFCS contracts. Private vendors are prohibited from revealing results of screens to anyone without a signed consent from the parent, guardian or legal custodian.