Alcohol monitoring in family law cases requires careful consideration of the tools and protocols used to ensure effective outcomes. However, common mistakes in the implementation of these monitoring systems can compromise the intended results, impacting both the client and the legal process. Below are the top five mistakes family law attorneys often make, along with guidelines on how to avoid them.
1. Choosing the Wrong Technology and Support
2. Incorrect Testing Schedules and Frequency
3. Imposing Testing Protocols That Soberlink Does Not Offer
4. Underestimating Required Testing Duration
5. Overly Harsh Consequences for Missed Tests
1. Choosing the Wrong Technology and Support
Opting for alcohol monitoring technology that is easy to beat or lacks support can severely compromise the effectiveness of a parenting time agreement. Many traditional methods, such as random lab testing, fail to provide real-time results, leaving significant gaps in monitoring. New methods like remote alcohol monitoring should be thoroughly vetted to ensure they offer the reliability necessary for effective monitoring in family law.
Necessary Features When Choosing Alcohol Monitoring Technology: Selecting the right alcohol monitoring technology is crucial for ensuring the safety and well-being of children in custody cases. According to the National Council of Juvenile and Family Court Judges (NCJFCJ) Bench Card on Alcohol Use Disorder (AUD), effective alcohol monitoring systems should include the following features:
- Capability to send real-time results to unlimited recipients
- Facial recognition that instantly authenticates identity
- Software that performs instant analytics on testing activity
- Reports that are visually displayed in a calendar layout
- Multiple sensors that prevent tampering
- Agreements that detail all aspects of monitoring
- Creation of court-admissible reports
- Availability of experts to testify on all aspects of the system and testing results
Soberlink is the only alcohol monitoring system that encompasses all these critical features and support, making it the most reliable and court-admissible solution available. With its advanced technology and dedicated support team, Soberlink provides a robust framework for ensuring accountability and maintaining safety in family law cases.
2. Incorrect Testing Schedules and Frequency
Incorrectly scheduled alcohol monitoring tests can fail to detect alcohol consumption effectively. The optimal schedule typically involves 3 to 4 tests per day.
Key Scheduling Considerations:
- Morning and Evening Tests: Ensuring tests are spaced no more than 8-10 hours apart is critical, particularly focusing on evening and morning tests, to help detect overnight consumption. Testing should be scheduled multiple times a day, ideally starting with three tests: one in the morning upon waking, one mid-day, and one before bed. This schedule can be adjusted based on compliance and risk factors.
- Personalized Schedules: Each situation is unique, and schedules should be tailored accordingly. Soberlink offers different programs to fit various monitoring needs. The Level 1 Program is designed for parenting time only, requiring tests during specific days when the parent has custody. The Level 2 Program involves daily testing at the same scheduled times each day, providing more consistent monitoring throughout the week for situations that require complete abstinence. Risk assessment is essential to determine the appropriate testing frequency and duration, ensuring the monitoring plan is suitable for the individual's specific circumstances.
- Optimal Testing Frequency: Incorrectly scheduled alcohol monitoring tests can fail to detect alcohol consumption effectively. The optimal schedule typically involves 3 to 4 tests per day. Anything less than this may increase the likelihood of alcohol consumption between tests. However, requiring more than 4 tests per day can be overwhelming and set a parent up for failure, which is not in the best interests of the child.
- Expert Training: Soberlink offers Lunch and Learn sessions where experts provide training on setting up effective schedules, ensuring family law professionals are well-equipped to manage monitoring programs.
By leveraging Soberlink's expertise, family law professionals can create schedules that are both effective and sustainable.
3. Imposing Testing Protocols That Soberlink Does Not Offer
When family law attorneys draft Court Orders, parenting agreements, or other documents that request testing protocols outside the parameters of Soberlink’s standard Monitoring Agreement, they set their clients up for failure. For Level 2 daily testing, Soberlink requires clients to complete and sign a Level 2 Monitoring Agreement. This agreement specifies the testing parameters, including the selection of the first test of the day (upon waking) and the last test (before bed), as well as the number of tests in between—all within a structured framework that Soberlink supports.
Key Considerations:
- Adhering to Soberlink’s Testing Schedule: The Level 2 – Daily Testing Monitoring Agreement allows clients to select the first test of the day (upon waking) and the last test of the day (before bed). If there are more than 2 tests, Soberlink automatically schedules the additional tests evenly between these two times. Attorneys need not specify the times for the additional tests. This even distribution is essential to ensure consistent monitoring throughout the day.
- Selecting the Appropriate Number of Tests: Soberlink allows clients to choose between 2 to 4 tests per day. Attorneys should avoid imposing requirements that exceed this range, as clients do not have the option on their Monitoring Agreement.
- Respecting Testing Windows: Soberlink’s system is designed with a 2-hour and 15-minute test window for each scheduled test. For example, if a test is scheduled at 8:00 AM, Soberlink will accept the test anytime between 7:45 AM and 10:00 AM. A missed test is automatically reported if not submitted by the end of this window (in this example, by 10:00 AM). Attorneys should refrain from specifying narrower testing windows or defining missed tests outside of Soberlink’s built-in parameters. These automated windows are crucial to maintaining a consistent and fair monitoring process.
Anything written that is not in line with what is available on Soberlink’s Monitoring Agreements sets the client up for failure. With over 10 years of experience working closely with family law attorneys and attending hundreds of conferences each year, Soberlink has developed these agreements based on best practices in alcohol monitoring.
4. Underestimating Required Testing Duration
The duration of alcohol monitoring is critical for establishing a pattern of sobriety. For individuals with Alcohol Use Disorder (AUD), a minimum of one year is recommended based on insights from an expert panel published in the Journal of Addiction Medicine. Even for those without a diagnosis, Soberlink still suggests a minimum of 6 to 12 months depending on the severity of alcohol abuse.
Recommended Duration:
- AUD Cases: One year of monitoring to ensure sustained sobriety and stability, as recommended by the expert panel.
- Alcohol Abuse Cases: A minimum of 6 to 12 months to demonstrate a consistent pattern of sobriety.
Proper duration helps in forming healthy habits and ensures a reliable period for assessing sobriety.
5. Overly Harsh Consequences for Missed Tests
Treating every missed test as a drinking event can lead to unnecessary penalties and strain on the family dynamic. Missed tests should be viewed in context, understanding that there can be legitimate reasons for not submitting a test on time.
Understanding Missed Tests:
- What Constitutes a Missed Test: A missed test occurs when a scheduled test is not submitted within the designated 2-hour testing window. In Level 2, Soberlink reports a missed test with a yellow icon. In Level 1 Missed Tests need to be documented by the Concerned Party.
- Common Reasons: Missing tests can result from forgetting the device, being unable to break away from daily activities, or other personal emergencies.
- Communication and Adjustment: Instead of immediate punishment, missed tests should prompt a discussion to reassess the schedule and address any issues. This approach helps adjust the monitoring plan to better fit the individual’s routine.
- Best Interests of the Child: Maintaining a supportive environment is crucial. Harsh penalties can disrupt the family dynamic, whereas rational discussions help keep the family together safely. A balanced approach ensures that the focus remains on the child's best interests while maintaining accountability.
*Note: In the Level 1 Program, there are no missed tests because the schedule is managed by the involved parties using shared calendars or parenting apps, rather than being enforced by the Soberlink system.
Positive Tests and Recovery:
- Risk Factors Consideration: Positive tests might seem very harsh, but for parents in recovery, the response should depend on the risk factors and the individual’s circumstances. For instance, the severity of the positive test and the parent’s history should be taken into account before deciding on the consequences. It is recommended to speak to a treatment professional for these types of cases.
By adopting a balanced and context-sensitive approach to missed tests and positive results, family law professionals can support both the child's safety and the parent's recovery process.