Parents who use drugs are at risk of losing custody of their children. But forcing a child into state-subsidised care can severely affect their mental wellbeing.
Experts recognise that keeping children with their parents is usually the preferred option, unless their home environment is neglectful or dangerous.
But there is another option for Victorian families affected by drug addiction – counselling and rehabilitation through the Family Drug Treatment Court of Victoria (FDTC).
The FDTC is currently in its second year of a three-year trial. It facilitates a voluntary, court-ordered program to help parents stop using drugs.
The FDTC is not a court in the traditional sense; but a specialist body aimed at helping families stay together. Its stated objectives are to:
- Help parents stop using drugs/alcohol, and
- Family reunification
Success Story
After successfully completing the 12 month program, single father ‘Jack’ will have his two-year-old daughter returned to his full-time care.
Jack fell into a pattern of drug use and brushes with the criminal law when he was just 14 years old. He was involved in trafficking methamphetamine, illegal weapons, counterfeit money and ammunition.
He told the ABC Law report that he is now on “the straight and narrow”, saying that the FDTC program:
“… made the difference I suppose because it’s constant … It slowly builds you up to being ready to be a parent again. And yes, it works in your favour, I’d recommend it to anyone to do it that needs help.”
Jack, like many parents affected by drug addiction, wanted to do the right thing for his daughter; and this was enough to motivate him to quit using drugs. He says that:
“I just knew it had to go and I wanted to do the right thing for my daughter, and I had the support of my family, of this program, and I just wanted to change.”
How Does the Program Work?
Parents can be referred to the FDTC by their legal representative or a Child Protection Worker.
The court then decides whether referral to the program is a suitable course of action.
To be eligible, hopeful participants must live in the relevant Northern catchment area of Victoria, and:
– Have a child aged 0-3 years old in ‘out of home care,
– Be seeking to have that child returned to their care,
– Be committed to stopping their drug use, and
– Be willing to participate in the 12-month program.
The FDTC is chaired by a Children’s Court magistrate and has a team that includes a social worker and drug and alcohol clinicians. Participants are required to attend court regularly and be tested for drugs up to three times per week.
Greg Levin, a long serving Children’s Court Magistrate, says that most participants have long histories of substance abuse and seem intent on turning their lives around for the sake of their kids.
Is it Likely to be Effective?
A study of UK and US Family Drug Treatment Courts found that the programs reduce the intergenerational harm caused by drug use – in other words, the negative impact that the use of drugs has on children, both directly and indirectly.
The study cited numerous success stories, including cases where parents had drifted in and out of the court system for many years. The authors state that:
“What the Family Drug Court offers is a way out of this relentless and damaging cycle [of crime].”
The report also found that such voluntary programs are more effective than court ordered rehabilitation schemes, as people who are forced to change rarely end up doing so.
Drug Courts in NSW
NSW currently has specialist Drug Courts in Parramatta, Toronto and the Downing Centre in Sydney.
We also had a Youth Drug Court for young offenders, but it was unfortunately axed in 2012.
NSW does not currently have a Family Drug Treatment Court; but it is hoped that the initiative will extend across Australia if the Victorian model proves to be successful.
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