By Pat Murphy
BridgeTower Media Newswires
BOSTON — Representing clients who face the loss of parental rights can be a tough job to begin with, but the cases become infinitely more difficult when the client suffers from a drug addiction.
Franklin County Probate & Family Court Judge Beth A. Crawford has seen how challenging such cases can be. So as presiding justice of the county’s newly opened Family Drug Court, Crawford recently arranged a training seminar to better equip attorneys and court staff in dealing with parents who are victims of the heroin epidemic sweeping the nation.
“We don’t get this training in law school, but in the real world we need it,” Crawford said. “It’s a hard thing to make a decision to enter a program like a drug court, even when you’re faced with the loss of your children. I wanted lawyers to really understand the background of their clients so they would be better prepared to discuss the options with them.”
At the recent seminar, Miriam A. DeFant, a licensed psychologist, provided insight into the strong connection between childhood trauma and substance abuse.
“Research shows that individuals who have a history of trauma, particularly childhood trauma, are at a much higher risk of developing addiction,” DeFant said. “Attorneys should try to have that understanding as a lens through which to see the problems that their clients are experiencing through the court system as a result of their addiction.”
DeFant offers some simple pieces of advice to attorneys dealing with a client who has an addiction problem.
“We can maximize people being in control and making good decisions when they’re in calm, safe places and environments,” DeFant said.
She suggested that lawyers can help their clients navigate the court system by using more “active” listening techniques, giving clients more time to think things through and manage their emotions, and presenting clients with choices whenever possible.
“One of the things that we know about the experience of trauma is that it’s associated with powerlessness,” DeFant said. “When clients get into environments that are reminiscent of being powerless — like being in litigation —
it can be very triggering for them.”
The doctor also recommends that attorneys make sure they get everything in writing when dealing with a client suffering from an opioid addiction.
“If you’re expecting somebody to hold onto information you’re giving them verbally, they may not retain it because their concentration is being impacted by the addiction,” she said.
Further, lawyers should consider giving clients “organizational support” in keeping appointments, managing their time, and following up on recommendations, DeFant said.
Understanding that bad behavior in the courtroom or with counsel may be linked to past trauma can be key to providing effective representation, Crawford added.
“It helps us understand that all this behavior may not all be purposeful and that we can react to it by staying calm ourselves,” the judge said.
The Family Drug Court in Greenfield is the first of its kind in the state.
Launched in June, the court mainly sees petitions for guardianship brought by grandparents and petitions to establish custody brought by non-custodial parents in paternity proceedings or proceedings to modify existing parenting orders, Crawford said.
Defendants volunteer for the program and are given two years to get sober before final disposition of their cases. The program offers support services for caretakers and trauma evaluations for every child.
“This is a real chance to get them in the right direction for sobriety,” Crawford said. “We see that if they just walk away from their children, it hurts them so terribly. We don’t want that parent just to leave and live on the streets using heroin. We really want them to stay part of their children’s lives in a safe way for the kids.”
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