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Executive Treatment Solutions

Criminal and Family Court

Can an HS §11395 Treatment-Mandated Felony Affect Child Custody?

A criminal allegation or charge does not automatically end or "strip" custody. The family court applies custody law and the child's best-interest standard. Criminal-case information may be relevant, depending on the facts.

HS §11395Child Custody

Quick answer

Can an HS §11395 Charge Affect Custody?

  1. A criminal allegation or charge does not automatically terminate or "strip" custody.
  2. Family court applies custody law and the child's best-interest standard.
  3. Depending on the facts, relevant information may include actual substance-use evidence, criminal convictions and safety concerns.
  4. Treatment information, testing and parenting circumstances may also be relevant.

Two systems

Two Separate Legal Systems

Two lanes: the criminal case and the family court, with a bridge noting information may be relevant but does not control.

Criminal case

  • HS §11395 allegation
  • Prior convictions
  • Treatment-mandated felony process

May produce information relevant elsewhere,but does not control.

Family court

  • Best-interest analysis
  • Safety
  • Parenting ability
  • Regular / ongoing substance-use concerns
  • Other custody factors
Criminal-case information may be relevant, but it does not control the custody decision.Source: Executive Treatment Solutions editorial summary

Criminal law

What HS §11395 Is

2024's Proposition 36 added Health and Safety Code §11395, which creates a treatment-mandated felony for certain drug possession cases with qualifying prior convictions. It is not ordinary pretrial diversion. See Treatment-Mandated Felony, Prop 36 Eligibility and HS §11395 Hard Drug Guide.

Family law

The Family Court Applies Custody Law

Custody decisions follow Family Code §3011 and the best-interest standard. A charge alone does not prove substance abuse. A plea or treatment does not automatically dictate custody. See California Custody Factors.

Overlap

Where the Two Cases May Overlap

Actual substance-use evidence, convictions, safety concerns, testing and treatment information may be relevant in family court, depending on the facts and the rules of evidence. Counsel in each case should coordinate. See Voluntary Treatment and Custody.

Roles

Criminal and Family-Law Counsel

Criminal defense counsel handles the §11395 case. Family-law counsel handles custody. What is said or filed in one case can matter in the other, so both should be informed.

Legal note

The criminal court decides the §11395 case. The family court decides custody. Each counsel handles their own case.

What ETS can and cannot do

Where Executive Treatment Solutions Fits

ETS can coordinate treatment, testing, monitoring and authorized documentation. ETS does not protect or determine custody, and it is not criminal or family-law counsel.

No outcome in either case is guaranteed.

Responsibilities

Who Does What?

Criminal court

Decides the §11395 case.

Family court

Decides custody and parenting time.

Defense and family-law counsel

Handle their own cases and coordinate.

ETS

Coordinates treatment, testing and records.

Questions

HS §11395 and Custody: Frequently Asked Questions

Not automatically. The family court applies the best-interest standard.

Sources & Legal References

Executive Treatment Solutions Editorial Team

This guide explains how a criminal charge and a custody case may intersect at a general level. It is not legal advice.

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No outcome in either case is guaranteed.

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