Family Law Child Safety Issues

General Information

Concerns about child abuse and neglect are serious; please report them to the Department of Human Resources. Families already involved in a civil case, such as a divorce or custody proceeding, may discuss safety issues with their attorneys, or if they do not have attorneys, with the court. Parents involved in mediation should raise safety concerns with the mediator. A Safety Focused Parenting Plan Guide is available to help parents consider what to include in the parenting plan (the document that sets forth custody, time sharing and decision making) to improve safety.

The Parental Access Program can help parents who are already involved in a civil case with custody or parenting time issues, when drugs, alcohol, violence, or other issues present concerns about the child’s safety with one parent. To access services through the Parental Access Program, you must request a referral from the judge assigned to your case. The court may order one or both parents to participate in one or more of the following: 

• Supervised Parenting Time and Neutral Exchanges
• Random Substance Testing
• Substance Abuse Assessment and Treatment & Violence Intervention
• Parenting Classes
• More Information

Supervised services are provided through Family Building Blocks and allow the child to maintain a relationship with both parents in a safe environment.  All parenting time and exchanges will be at:

Family Building Blocks
2425 Lancaster Dr. NE
Salem, OR 97305
503.566.2132

Family Building Blocks reports to the court regularly. If it reports that a parent has not complied, the Parental Access Coordinator will send notice to all the parties in the case and to the judge.

Noncompliance includes:

• Cancellation of services without 24 hours notice.
• Family Building Blocks cancelled services because a parent was late or did not show up at all.
• Family Building Blocks had to spend more time with a family than originally authorized because a parent failed to comply with the court's order or with Family Building Blocks’ rules or policies.
• Family Building Blocks terminated parenting time because a parent's behavior put the child at risk.
• Repeated or substantial violations of Family Building Blocks’ rules or policies.
• Behavior which causes Family Building Blocks to refuse to continue serving a family.

Parents ordered to participate in random substance testing are required to be tested approximately once a week. The court assigns each parent a color. Parents may call 503.589.3231 each judicial day between 5:00 a.m. and 4:30 p.m. to find out whether they must be tested that day.

Any fee for testing is the parent's responsibility. The average cost per test is $30. The range is $20-$50.

Parents must take these tests at an approved testing provider and the tests must be observed. Approved providers are available in Salem and Portland. For information about approved providers or to find out how to get a provider in another area approved, contact the Parental Access Coordinator at 503.589.3234.

The parent must tell the provider he or she is being tested for the court's Parental Access Program. The providers will report the results of all Parental Access tests to the court. If a provider reports noncompliance, the Parental Access Coordinator will send notice to all the parties in the case and the judge.

Noncompliance includes:

• Presence of any illegal substance, or alcohol if the parent has been ordered to refrain from drinking alcohol.
• Test does NOT show methadone present, if the parent is taking methadone under a doctor's prescription.
• Presence of any adulterant.
• Failure to present a sample for analysis on the required day.
• Failure to present a sample within the required temperature range for analysis on the required day.
• Submission of two samples that are too diluted to test.

Parents ordered to participate in assessment and treatment for substance abuse or violence intervention (domestic or general violence) must report to a service provider chosen by the judge.

Parents are responsible for any fees for their treatment or intervention. Insurance may cover some treatment. The court will make an effort to refer parents to a provider that can make appropriate financial arrangements.

The provider will report regularly to the court on the status of all parents in the Parental Access Program. If any noncompliance is reported, the Parental Access Coordinator will send notice to all the parties in the case and the judge. Noncompliance includes:

• Three or more violations of the rules or policies of the program, or any violation that threatens the health or well being of any person.
• Missing a required appointment (treatment session, group, etc.) twice in a row or three times in a month without an acceptable and verified excuse.
• Behavior that causes the treatment provider to refuse to continue treating you.
• Insufficient effort evidenced in status reports.
• Any drug test required by the program that would be noncompliance under the Random Substance Testing requirements above.

Parenting Classes

When the court orders parents to participate in parenting classes through the Parental Access Program, the parents must report to a class chosen by the judge. Parents are responsible for any fees associated with their parenting classes.

More Information

For information about the Parental Access Program, contact the Parental Access Coordinator at 503.589.3234.

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