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This maxim applies whether or not you find yourself in a child welfare action in juvenile court.  There is a presumption that if you are using drugs and have minor children you are per se neglecting them.  The best thing to do is immediately seek substance abuse treatment.

It is theoretically possible that a parent can use drugs and not neglect their child, but the burden of proof to rebut that presumption is very high.  The argument that illicit drug use does not impair a parent’s parenting ability is nearly impossible to win.  It may not be impossible, but I cannot think of a circumstance where a court would not find it to be so.

Esplin | Weight is committed to fair and vigorous representation of clients in the juvenile court venue.  As committed juvenile court practitioners, we want to share and expand the knowledge and understanding of our clients, the public and attorneys, as well as facilitate meaningful dialogue on this topic for all.  We look forward to submissions and comments at this site.

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