You have a right to refuse a drug test in Rhode Island Family Court. The Family Court has a drug testing facility on the 3rd floor of Providence Family Court. “The Family Service Unit is also charged with administering alcohol and drug screens for the various court calendars.” Website The Rhode Island Family Court is a civil court and a RI Family Court Judge cannot force you to take a drug test.
Drug Testing in RI Family Court
However, if you refuse the test, be prepared to suffer implications as a result of your refusal. A refused drug test or a no show to a proposed drug test is considered a positive drug test in RI Family Court.
The penalties for a refusal or a no show could include supervision of your visitation, loss of physical or legal custody of your child, suspension of visitation rights or other negative implications.
Drug testing in Providence Family Court
The Judge could order you to attend drug or alcohol counseling in order to reinstate your visitation rights. Remember that marijuana use is considered as bad as other drugs by some judges and could lead to an order of supervised visitation, loss of visitation rights or an order of supervised visits. Some judges are not concerned with marijuana because it has been legalized in so many states. The Rhode Island Family Court also offers five-day alcohol screens as well as random drug and alcohol testing.
Supervised Visitation in Providence Family Court
In RI Family Court, the Courts award “supervised” visits in certain unfortunate situations. Supervised visits are sometimes ordered by a Providence Family Court Judge when there is some concern over the non-custodial parents parenting abilities, domestic abuse, alcohol abuse, the parent has a drug problem or there is a lack of parent child bond or for other reasons. These supervised visits http://en.wikipedia.org/wiki/Supervised_visitation are either for one hour at the Providence Family Court or Supervised by a third party outside of Court or by DCYF.
“Although parental substance abuse is the single most common predictor of children’s out-of-home placement (Chaffin, Kelleher, & Hollenberg, 1996; Department of Health and Human Services [DHHS], 1999; Marcenko, Kemp, & Larson, 2000), children’s out-of-home placement is not simply a function of substance abuse alone but rather a function of complex interactions of risk factors at many levels (Hans, Bernstein, & Henson, 1999; Suchman & Luthar, 2000). At the family/social level, for example, children’s out-of-home placement is more frequent among substance-abusing women with histories of childhood abuse and neglect, exposure to negative events, and experiences of domestic violence (DHHS, 1999; Marcenko et al., 2000; Nair et al., 1997). Demographic factors such as poor education, teen pregnancy, single parenthood, and chronic unemployment also place substance-abusing women at greater risk for losing child custody (DHHS, 1999; Nair et al., 1997). Maternal psychosocial risk, including substance abuse severity and comorbid psychopathology, also predicts higher rates of children’s out-of-home placement among substance-abusing women (DHHS, 1999; Nair et al., 1997).” Substance-abusing mothers and disruptions in child custody: An attachment perspective Nancy E. Suchman, Ph.D.,a,* Thomas J. McMahon, Ph.D.,a,c Heping Zhang, Ph.D.,b Linda C. Mayes, M.D.,c andSuniya Luthar, Ph.D.d