ALCOHOL AND DRUG TESTING IN CUSTODY/VISITATION PROCEEDINGS

On February 23, 2004 a new law took effect which provides alcohol and drug testing in certain custody or visitation proceedings.  The purpose of this law is to protect the children of a marriage and to assist in determining the best interests of the child.  .  However, as the rights of the parents must be protected, the law has certain safeguards.  A general discussion of this law follows.

The court may order alcohol or drug testing if there is a judicial determination based upon a preponderance of evidence that there is the habitual, frequent, or continual abuse of alcohol or illegal use of controlled substances by the parent or legal guardian.  The evidence may include convictions with the last five years.

The parent who has undergone drug testing shall have the right to a hearing, if requested, to challenge a positive test results.  A positive test result, even if challenged and upheld, shall not, by itself, constitute grounds for an adverse custody decision.  The results of the testing shall be confidential and shall be maintained as a sealed record in the court file.  Further, any person who has access to the test results may not disseminate copies or disclose information about the test results to any person other than a person who is authorized to receive the test results.  Any breach of this confidentiality can be sanctioned up to $2,500. 

The Court has the authority to order either or both parents to pay the costs of the drug or alcohol testing.