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October 22, 2024§ 25-403.04. Substance abuse
A. If the court determines that a parent has abused drugs or alcohol or has been convicted of any drug offense under title 13, chapter 34 [FN1] or any violation of § 28-1381, 28-1382 or 28-1383 within twelve months before the petition or the request for legal decision-making or parenting time is filed, there is a rebuttable presumption that sole or joint legal decision-making by that parent is not in the child's best interests. In making this determination the court shall state its:
1. Findings of fact that support its determination that the parent abused drugs or alcohol or was convicted of the offense.
2. Findings that the legal decision-making or parenting time arrangement ordered by the court appropriately protects the child.
B. To determine if the person has rebutted the presumption, at a minimum the court shall consider the following evidence:
1. The absence of any conviction of any other drug offense during the previous five years.
2. Results of random drug testing for a six month period that indicate that the person is not using drugs as proscribed by title 13, chapter 34.
3. Results of alcohol or drug screening provided by a facility approved by the department of health services.
1. Findings of fact that support its determination that the parent abused drugs or alcohol or was convicted of the offense.
2. Findings that the legal decision-making or parenting time arrangement ordered by the court appropriately protects the child.
B. To determine if the person has rebutted the presumption, at a minimum the court shall consider the following evidence:
1. The absence of any conviction of any other drug offense during the previous five years.
2. Results of random drug testing for a six month period that indicate that the person is not using drugs as proscribed by title 13, chapter 34.
3. Results of alcohol or drug screening provided by a facility approved by the department of health services.
