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.
Quick answer
Can an HS §11395 Charge Affect Custody?
- A criminal allegation or charge does not automatically terminate or "strip" custody.
- Family court applies custody law and the child's best-interest standard.
- Depending on the facts, relevant information may include actual substance-use evidence, criminal convictions and safety concerns.
- 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 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.
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
Sources & Legal References
California law
California Courts
Confidential consultation
Facing a Criminal and a Custody Case?
ETS can coordinate treatment, testing and records while each counsel handles their case.
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