The persistent use of drugs and alcohol can lead to many health and mental health impairments. In particular, the incidence of co-occurring chronic substance abuse and child abuse/neglect and its effects on the ability to parent have been well documented. Consequently, among many other grounds for terminating parental rights, chronic substance abuse is one. What then is the legal definition of chronic substance abuse such that it can result in the termination of parental rights? If “chronic substance abuse” is not sufficiently defined, how can it be invoked? For instance, if a parent’s urine analysis (UA) occasionally tests positive for alcohol or drugs, is that “chronic”? Out of 10 UAs, how many positive results must there be to satisfy the definition?

Plain Meaning of Chronic Substance Abuse

When discussing the grounds for terminating parental rights most states do not use the phrase “chronic substance abuse” in their statutes. One that does, Arizona, provides: “8-533. Petition; who may file; grounds … B. Evidence sufficient to justify the termination of the parent-child relationship shall include any one of the following, and in considering any of the following grounds, the court shall also consider the best interests of the child: … 3. That the parent is unable to discharge parental responsibilities because of mental illness, mental deficiency or a history of chronic abuse of dangerous drugs, controlled substances or alcohol and there are reasonable grounds to believe that the condition will continue for a prolonged indeterminate period.” This is not a statute that can be operationalized in a clear and precise manner.

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