Substance Abuse and Underlying Trauma

December 11, 2023
Written by Judge Kim Dowling

I hear cases in family law (divorce, paternity, custody, parenting time, and child support), protective orders, injury accidents, contract disputes, and crimes. My training in trauma means that I regularly see signs that the adults in my courtroom have suffered trauma. I often see signs of mental health issues in the adults appearing in family law and criminal cases, often combined with substance use issues. In my experience, people with substance use issues typically have underlying trauma. Their trauma means that, when we try to provide treatment for them to obtain sobriety, we will fail unless we also address the underlying trauma. So, what can we do?

Whether in family law or criminal cases, I try to stress therapy and substance use treatment where appropriate. Judges learn that providing people opportunities to obtain badly needed mental health care can provide family healing and stability—even in a divorcing family. Adults may need their own therapy, or parents may need therapy to restore a relationship with children. Therapy can provide the structure needed to provide family security.

Substance use treatment also can be crucial. Our courts have developed and provided many services to those with substance use issues. Our County Commissioners decided many years ago to provide pre-trial GPS monitors so that non-dangerous defendants we would otherwise have to keep in jail until trial can be “released” either to their homes or to in-treatment programs while their whereabouts are monitored. This allows courts to work with Delaware County Community Corrections to find beds in treatment facilities for inmates to hasten their return to society safely.

The Delaware County Courts have also benefitted from grants to operate the “Integrated Reentry and Correctional Support” program in the jail. IRACS provides inmates information on a vast array of support and programs to address their needs. Inmates benefit from peer support teams in the jail and from individual peer coaches who follow up with them after they are released from the jail. This program was developed through Mental Health America of Indiana.  All of our adult inmates meet a peer coach and have services and classes available to them in the jail.

Only by successfully providing mental health care and/or substance use treatment for adults in our court system can we can reduce the cost to taxpayers, give families stability, and help people return from imprisonment and become productive members of our society.