Changes in Family, Civil and Other Legal Settlements
The New Trend to Include Treatment for Drug and Alcohol and Anger Management Treatment and Compliance Terms and Provisions
Family law attorneys and professional counselors ( marriage, family etc.) agree that a substance abuse problem of alcohol, drugs or medicines is one of the leading causes of family break ups and divorce. Police report that frequently their domestic violence calls to homes involve alcohol and or drugs often accompanied by anger “out of control”. These circumstances have been common for decades, however, given the advances that have take place in substance abuse treatment and anger management , court orders and settlement agreements are being prepared to encourage individuals to seek professional treatment and continue ongoing treatment to return to a normal life.
Agreements and court orders have provisions that provide consequences if the person with substance abuse problem chooses to deny or ignore their problem. If the person seeks professional treatment and complies with professional guidance, agreements and court orders provide alternative consequences. Substance abuse professionals have designed compliance routines that will clearly identify compliance or non-compliance.
The first step to solving any substance abuse problem is for the individual to consider for themselves that “they may in fact have a problem”. To have any form of an agreement, first requires an individual to agree that they “may” have a problem. Court orders and legal agreements that provide alternative consequences, based on the persons actions, are very effective in provoking serious thought by the individual having the problem. Professional diagnosis and initial treatment will provide continual reinforcement to erode the individuals denial that a problem exists. Continuing treatment and the resulting benefits usually follow in time. Unfortunately “quick fixes” just do not exist. Substance abuse problems are acquired over time and often exercised for a number of years before the problem becomes tantamount in the person’s life. Identifying the underlying reasons for each person’s substance abuse takes time and unraveling the behavior patterns of a decade or more do not happen overnight.
Substance abuse professionals have designed compliance routines that will clearly identify compliance or non-compliance to assist in keeping the person focused on their new “substance free” life planning. These techniques not only stop the person from trying to fool others, it stops the person from trying to fool themselves! For legal purposes these compliance routines are maintained independently and take very little time.
Most attorneys agree that they have seen circumstances where “irreconcilable differences” disappeared when substance abuse and the related anger and behavior problems ceased to be a part of the relationship..
The are several good reasons supporting these changes:
Recognition of “The Disease of Addiction”:
In recent years science and medicine have come together to recognize that Addiction is not a behavior, neither learned or instilled. It is a disease. The brain of an person with a substance abuse problem is actually physically different than a non-addict. The reaction of an addictive brain to stimulus is different than the not addictive brain. Research studies estimate that approximately 5% of the North American population have a physically different brain that make them susceptible to addictive behaviors. The choice of “which substance to abuse” ( liquor vs. illicit drugs, vs. wine vs. prescription drugs etc) is a personal choice that is influenced by a number of factors including: personal habits, peers, brain chemistry, childhood experiences and social situations. Currently we see a significant increase in prescription drug abuse due to false pretense that the process was initiated with a Doctor and therefore it is okay. A prescription medication taken in any dose or frequency other than prescribed, for the person it was prescribed for, is just as illegal as any “street drug” and just as deadly. Alcohol (and in many cases Marijuana) are legally permitted drugs, but not in copies amounts!
The acknowledgement of this “disease” is followed by acknowledgement of the need for treatment of the person with a “substance abuse problem” and the need for relief people around them who are negatively impacted. Most often their loved ones.
Significant Variation in Treatment:
Each individuals “substance abuse problem” is made up of their body chemistry, their brain chemistry AND, their psychological and personal life circumstances. As a result, each person’s initial and recurring treatment program is effective for their personal needs only. No miracles or “one for all” treatment programs exist. In order for the entire process to be meaningful each person’s initial treatment, ongoing treatment and compliance routines must be designed to treat their personal disease. This extremely personal treatment requirement is why substance abuse treatment is expensive and partial approaches do not work.
The Need For Recurring Treatment:
The disease of substance abuse cannot be “cured” at this time. It can be effectively treated and result in a normal healthy life for the person with a substance abuse problem and the people around them. Treatment involves modern therapy and a permanent lifestyle change, avoiding the circumstances that “trigger” the condition causing the craving for the substance of choice. Changing ones choice of abused substance from one to another accomplishes nothing (i.e. quitting alcohol in favor of cocaine) and is referred to as “cross addiction”.
Treatment Phases:
Initial treatment will often involve residential treatment for a period of time. Initial treatment focuses on the physical withdrawal from using the substance, identifying the persons physical, psychiatric, psychological reasons for the problem, including their life history. This identifies the “Why, when, with who relate to each person which is uniquely different in each person. Given this knowledge therapists work with the program participant to design their “new life” plan to avoid all of the circumstances that “trigger” that persons desire.
A well designed “new life” plan will include numerous activities that the participant and the therapist have agreed upon. ( i.e. 12th step meetings, church attendance, scheduled assistance for volunteer organization, specific education courses, vocational training etc.). These are activities the person wants to do, that become their “focus of attention” and use of their time. time be spent on these activities.
Intensive outpatient treatment is for people whose disease is diagnosed before residential treatment is required. Generally intensive outpatient is required for all post residential participants. Intensive Outpatient treatment is often three or more sessions per week, for at least two months. Each person’s personal relapse prevention techniques become part of their “new life” plan. Their plan is carefully, implemented, monitored and modified the new life experiences demonstrate the need for changes in the participants plan. As time progresses and the effect of the plan decreases the perceived craving fades, the need for treatment becomes less intensive. Any rebounds or “relapses” in the addictive behavior are treated immediately before the substance abuse problem can “take over” the person life again.
Control Future Damage to Individual and Family:
The undesirable behaviors related to substance abuse affects all family members. Treatment and a new life plan are the best solution. To ensure the effects of the disease are minimized, compliance routines with treatment and post treatment routines can be verified as a part of the treatment system. Some of the programs I administer require that the participants compliance techniques are monitored and reported on. An independent CPA firm, receives ongoing evidence of an individual’s ongoing compliance ( or non-compliance) of their prescribed routine of treatment and relapse prevention techniques. Compliance information of sufficient reliability can be gathered from a variety of sources to assert a high degree of compliance or non-compliance by the participant in their treatment plan. The independent CPA can report whether or not the participant is complying. Complying routines do not involve any significant effort on the part of the participant. The persons compliance techniques are defined, measured and documented. The documentation is gathered, assembled, tested and reported on. Personal opinions are removed from the process
Compliance Conditions in Agreements and Orders:
Given this ability, settlement agreements and court orders are beginning to contain provisions that recognize the cost or treatment, the benefits of compliance and the difference of damages to each party on a continuing basis. An agreement cannot only require treatment, but also compliance reporting. Compliance reporting confirms or denies attendance of treatment and practicing treatment essentials. A few year ago courts began to implement very basis compliance provisions of persons treated, related to motor vehicle “driving under the influence” circumstance as has realized enormous benefit in cost reduction and benefit to society. Intelligent judges recognize that incarceration may “contain” the problem, however, it is at significant cost and not the best use of the public’s funds in those cases when treatment and compliance verification will provide a superior result. Furthermore, containment merely defers a problem that may otherwise be treatable.
Acknowledgement or Denial of Responsibility by The Addicted Person:
Prior to treatment most people with a severe substance abuse problem will not acknowledge their problem. “I can quit, any time I want” is the most common statement”. People who are living a “new life plan” , substance abuse doctors and therapists know that nothing could be further from the truth. Some will attend treatment for a period of time, fighting it all the way. No benefit will occur until the person acknowledges the problem and wants to solve it. only then can professionals help the person to live a substance free life.
Agreements Imputing the Choice of Treatment as well as the Benefits and Costs of Compliance:
Settlements being negotiated (both civil and court) are acknowledging the effect of treatment, the cost of the treatment (time, money, effort and commitment) and the benefits to the individual, their children, former spouses and society as a whole. As an example, some alimony agreements are beginning to contain relief provisions for a party who attends initial substance abuse treatment and other benefits for receiving independently monitored compliance programs. These settlement are acknowledging the cost of good professional treatment as compared to the enormous benefit of compliance, for all persons effected. Compliance arrangements help to ensure moral commitment is reinforced in times of doubt.
Matching Benefits and Cost of Compliance:
The benefits of treatment to society, the individual and all those people around the person with the disease of addiction are enormous. Failure by the person with the disease of addiction to acknowledge and deal with their disease has tremendous costs not only in treating the effected but the punitive psychological pain. By comparing the small costs of treatment compliance (or non-compliance) to the benefit of known compliance and the fact the participant knows they are being monitored result in a more appropriate judicial decision can be achieved with justification, independence and fairness.
Proactive attorneys, judges, family counselors and other professional are making their roles more effective for their clients and society as a whole by agreeing to treatment with continuing compliance verification to best ensure the achievement of the goals of all of the parties involved.
