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LAW OFFICE
OF
SUSAN CASTLETON RYAN, P.C.
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August/September
2010 Newsletter
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WHAT YOU
SHOULD AND NEED TO KNOW ABOUT DRUG AND ALCOHOL TESTING IN THE PROBATE
COURT
Allegations
of drug and alcohol use and abuse are frequently a major issue in
divorce, separate support, and paternity actions, particularly when
children are involved. Depending on the information/allegations
that are made to the court, the court may order that one or both of
the parties be ordered to complete either drug or alcohol
testing. Allegations about an individual's driving record,
including but not limited to charges of operating under the
influence, involuntary commitments in rehabilitation placements
and/or half-way houses, or involuntary commitments at in-patient
treatment at psychiatric and/or medical facilities may provide a
basis for the court to investigate the use and abuse of alcohol and
drugs by the parties. Additionally, if either party and/or the
children are involved with the Department of Children and Families,
and there are reports and/or allegations relative to use of drugs
and/or excessive use of alcohol, the Department may become involved
and request that the parties participate in drug or alcohol testing.
If the court feels that there is enough information to warrant an
immediate drug or alcohol test, the judge may order the parties to
immediately submit to a urine screen at the Probate Court.
These urine screens may detect recent alcohol and/or drug use.
Additionally, if the court feels that a party is intoxicated at the
time of a hearing, the judge may order a breathalyzer as well.
If the testing is ordered, a Probation Officer will administer the
random urine screens, and provide the results to the court.
Although the urine screens may detect recent use of alcohol or drugs,
the court may also order a hair follicle test.
A hair follicle test is routinely ordered when there is a concern
about long-standing and consistent drug use. In the Plymouth
County area, the judges will order parties to submit to a hair
follicle test at Secon in either Brockton
or Quincy. The hair follicle test consists of a sample of hair
from either the head, under the armpit, or other parts of the body of
sufficient length to complete the testing. The hair follicle
test may determine drug use up to approximately 90 days prior to the
testing. Many judges order the hair follicle test and random
urine screens in order to determine whether or not there is/has been
abuse of illegal substances and/or alcohol.
Random urine screens, for either drug or alcohol use, may be
conducted at the Probate Court or at a private facility such as Secon. There are fees for each random test,
as well as for the hair follicle test. Random drug screens are
coordinated through the Probation Officer. Each party is
assigned a color, and must call in each and every day, for so long as
the order for random screens is in effect, and if his/her color is
identified, must report to the designated facility within the time
frame directed by the Probation Officer.
In the event that one party alleges the other has engaged in illicit
drug use, the other litigant should be aware that the court will
likely order both parties to submit to such testing. The
defense of "recreational drug use only," will not be
acceptable to the court, and any evidence of drug and alcohol use
and/or abuse could have a dramatic impact on custody and/or custody,
visitation, and/or parenting time.
The court may, after hearing allegations of drug and alcohol abuse,
and/or after receiving urine and/or hair follicle testing results,
use the information to set a parent schedule, or may immediately
alter current visitation orders, including suspension of visitation,
and/or change of custody. If the results are positive for one
or both of the parties, the court may order supervised visitation by
a family member, paid supervisor, and/or order that visitation occur
at an appropriate or acceptable visitation center. Supervised
visitation, if ordered, will likely remain in full force and effect
until a party has consistent negative urine screens, and/or a
negative hair follicle test, or such testing results that are
acceptable to the court. Any litigant involved in
custody/visitation disputes must be aware that the court considers
drug and alcohol addictions very seriously.
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DID
YOU KNOW. . . ?
1.
That each county in Massachusetts has law libraries open to the
public? Plymouth County has two excellent law libraries:
Plymouth, located in the "new" courthouse at 52 Obery Street, Plymouth, MA, and Brockton, at
the Superior Court Building, 72, Belmont Street, lower level.
Both libraries
have experienced and helpful librarians who can direct you to the
statutes, case law, or other materials of interest.
2.
That the Plymouth County Bar Association sponsors the Lawyer of the
Day program in both the Brockton and Plymouth Courthouses? Each
day, lawyers volunteer to advise litigants as to what and/or how to proceed
in various matters, and to assist litigants in completing forms, etc.
There is no charge for the services, which are intended to benefit
those who do not have the funds to retain an attorney. It is
not intended to be used by litigants currently represented by
counsel. There is no charge for the service, but call the
courthouse to insure an attorney is available that day.
3.
The Register of Probate's Offices in Brockton and Plymouth have
informational packets available to the public listing various
organizations that offer low cost or no cost legal
representation. Some of these organizations include but are not
limited to Volunteer Lawyers in Boston and South Coastal Legal
Services in New Bedford.
4.
The Plymouth County Bar Association and the Massachusetts Bar
Association both offer referral services to the public. If you
need an attorney for a specific area of law, or are looking for an
attorney in a certain geographic location, these organizations can
help.
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NEW LAW BANNING TEXTING WHILE DRIVING EFFECTIVE OCTOBER 1,
2010
Commencing
October 1, 2010, Massachusetts has a new law that prohibits all
drivers from texting while behind the wheel and bans use of all cell
phones by drivers who are 16 and 17 years old. The young drivers are
barred from using a variety of devices (TVs, video, PCs) under the
heading "mobile electronic devices."
Fines for
adults: $100 (first offense), then $250 and $500. Fines for drivers
under 18: $100 plus 60-day license suspension and youth traffic school
(first offense), then $250 with six-month suspension and then $500 with
a one-year suspension. Tickets are not moving violations and do not
affect insurance premiums.
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If anyone has a topic that would be of general interest, please do not
hesitate to contact the office and let us know what items would be of
general interest to the readers of this newsletter.
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Susan C. Ryan, Esq.
Law Office of Susan Castleton Ryan, PC
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This newsletter is designed to keep
you up-to-date with changes in the law. For help with these or
any other legal issues, please call our firm today.
The information in this newsletter is
intended solely for your information .
It does not constitute legal advice, and it should not be relied on
without a discussion of your specific situation with an attorney.
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