Family Regulation Case

On April 4, 2023, Proskauer submitted an amicus brief in the California Supreme Court in In re NR, a case in which a child was removed from his father’s custody based on a finding of “substance abuse.” The lower court found that the father had a “substance abuse” problem — based solely on its subjective judgments about substance use, rather than applying any objective, evidence-based standard — and separated the father and child on that basis. This case highlights the danger of allowing courts to diagnose parents with “substance abuse” problems based on their own subjective and standardless opinions. Unfounded assumptions, judgments, and stigma against substance use and substance use disorders can cause significant harm, particularly when they are used as a basis to deprive parents of their fundamental rights and separate families.