| I make a number of assumptions when | | | | sufficient firm evidence. |
| conducting a substance use evaluation as part | | | | |
| of a litigation process: 1) the individual's | | | | Even with a firm diagnostic opinion, the |
| use is usually not less than the individual | | | | prediction of future substance use is |
| reports, but it might often be more (or much | | | | problematic. An individual's substance use |
| more); 2) inaccurate accusations of substance | | | | can change, suddenly, dramatically and |
| abuse are common because there is usually | | | | without treatment or support group |
| little negative consequence for inaccurate | | | | attendance, in response to changes in the |
| accusations; 3) the parties to the | | | | environment. Litigation often produces |
| litigation, and those connected with them, | | | | substantial environmental changes, and |
| may provide biased and inaccurate | | | | therefore has the potential to lead to |
| information. Therefore outside corroboration | | | | significant decreases (or increases) in |
| of their reports is essential for determining | | | | substance use. The diagnostic manual |
| the extent and consequences of substance use. | | | | (DSM-IV-TR, page 221) recognizes that "some |
| | | | individuals (perhaps 20% or more) with |
| As a practical matter, getting outside | | | | Alcohol Dependence achieve long-term sobriety |
| corroboration (information from sources not | | | | even without active treatment." |
| connected with the litigation) is difficult | | | | |
| because such information may simply not | | | | Consequently, if the litigation has a future |
| exist, or obtaining it would require work | | | | focus, my normal recommendation is to obtain |
| performed by other professionals (such as | | | | substance testing on a continuous basis. I |
| private investigators) rather than by | | | | will monitor the results of this testing if |
| psychologists. That work would be outside the | | | | the court requests it. Random testing might |
| scope of the psychological evaluation the | | | | work in some cases, but it allows a |
| individual has consented to. An evaluation | | | | significant potential for delay in |
| that obtained outside corroboration could be | | | | discovering problems. Such delay is |
| conducted at great expense, but would require | | | | unacceptable when the best interests of |
| weeks to months of effort and at best would | | | | children are involved. Depending on the |
| only establish the history of substance | | | | substances of concern, testing involves the |
| problems (or lack of them). Such an | | | | individual stopping at a drug testing |
| evaluation would be appropriate when | | | | facility two to three times per week to |
| litigation is only concerned with history and | | | | provide a urine sample. Modifications to the |
| not with the future (as it is in child | | | | basic plan need to be made if the individual |
| custody litigation). | | | | tested is a reportedly moderate drinker, but |
| | | | in some instances such individuals are |
| In my typical evaluation I document what is | | | | willing to abstain completely for the sake of |
| reported by the parties, conduct basic | | | | eliminating suspicions about their having |
| psychological and addiction testing, review | | | | alcohol problems. |
| documentation, and interview collaterals, as | | | | |
| appropriate to each case. In some cases I am | | | | I normally recommend that the testing be paid |
| able to identify reports that are unlikely or | | | | for by the other party, and continued as long |
| impossible (e.g., consuming only 2 beers | | | | as the other party feels it is worth paying |
| would not result 90 minutes later in BAL of | | | | for. Solomon knew that the true mother would |
| .22). In some cases the information I obtain | | | | only want what was best for her child. Even |
| allows me to offer a firm diagnostic opinion. | | | | Solomon did not try, simply based on the |
| However, in most cases I will not have a firm | | | | reports he received, to determine which |
| diagnostic opinion, because I will not have | | | | mother was telling the truth. |