• Violation of the referenced provision in the separation agreement or divorce decree can be the subject of a contempt or modification action against the offending parent, and the sanctions the court may consider upon a finding of contempt may include, but are not limited to the following: i. Ordering an alcohol/drug assessment and treatment as indicated by the assessment. If so ordered, a copy of the certificate of attendance and completion of the assessment and treatment program should be provided to the other parent ii. Incarceration for violation of the terms of the divorce decree iii. Suspension of driver’s license iv. Requiring the offending parent to have an alcohol ignition interlock device installed on their vehicle and requiring that they may transport the children only in such vehicle v. Change of primary custody of the children vi. Limitations on visitations including requiring supervised visitation or requiring a third party to transport the children for the purposes of visitation if the offending parent is the non-custodial parent vii. Termination of parental rights viii. Award of attorney fees to the parent bringing the contempt action ix. If the offending parent is required to have an alcohol ignition interlock device installed on their vehicle, copies of the monthly monitoring reports of the alcohol ignition interlock device provider should be provided to the other parent • It should be an affirmative defense to a child custody/contempt action based on one parent refusing to allow the other parent to exercise their visitation privileges that the parent attempting to exercise their visitation privileges appeared to be under the influence of alcohol or other drugs at the time they attempted to exercise their visitation privileges. Obtaining a neutral or unbiased third-party witness to corroborate the testimony of the parent withholding visitation privileges from the other parent should be strongly encouraged. Miscellaneous Criminal/Civil Provisions • A conviction for DUI/DWI Child Endangerment should be defined specifically as child endangerment and/or child abuse under state criminal statutes. In addition, it should be defined as child endangerment, child abuse and/or child neglect under any civil statutes as they relate to child custody issues. • State law should require that a conviction for violation of DUI/DWI Child Endangerment or similar state law must be reported to child protective service agencies, the Department of Family and Children Services or equivalent state agencies. Attorneys, medical providers, law enforcement officers, courts, school officials and day care providers should be included in the definition of those required to report. • Upon receipt of a notice of conviction of the DUI/DWI Child Endangerment Statute or similar law, child protective service agencies or the equivalent state agency should be required to investigate in the same manner as any other child abuse or child neglect case.
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