02:01 PM EDT on Wednesday, May 10, 2006

moderator: Submit a question now.
Family Court Chief Judge Jeremiah S. Jeremiah Jr. and Journal staff writer Edward Fitzpatrick will be online Wednesday at noon.

Edward Fitzpatrick: I wanted to ask you the questions we asked readers. For instance: How should society address the issue of drug addicted parents with children?
Judge Jeremiah S. Jeremiah Jr. : Society should look for treatment. I consider it very important that a child have the opportunity to grow up with loving and caring parents. The alternative to treatment would be incarceration, leaving children in foster care.

Tyson: Will Jason be given the same opportunity to be reunited with his child? As far as we can tell, he never harmed A.J.
Judge Jeremiah S. Jeremiah Jr.: We have already attempted to enroll Jason in our Family Treatment Drug Court and he has not compiled with the court's ordered program. We are always willing to help someone if they want to be helped and at this time we do not believe Jason is willing to go in to treatment.

Rosegp: Do ever consider a father? As in placing a child in the care of the father when the mother is "less capable" of caring for the child?
Judge Jeremiah S. Jeremiah Jr.: Yes.

Edward Fitzpatrick: From what you have seen as a Family Court judge, is addiction a disease or a choice?
Judge Jeremiah S. Jeremiah Jr.: That's a hard question. I think in the majority of times drug use is by choice, however there are some times when it can be considered a disease. Particularly when someone starts using drugs by prescription. Trying it once is a choice.

drummergirl: seems that it will be only a matter of time before jason harms a.j.
Judge Jeremiah S. Jeremiah Jr.: We hope that it never happens. I am aware that there are restraining orders in full force and effect, however if Jason is determined to harm his child and is not concerned as to the consequences the restraining order is a worthless piece of paper.

yoyo: Would you agree with one parent putting a restraining order on another if they are an addict and forbidding them to see their children?
Judge Jeremiah S. Jeremiah Jr.: I would agree to a restraining order but would try to implement drug treatment and testing so that so visitation could take place if I determine it would be in the best interest of the child.

drummergirl: Hello from Virginia! I will be moving back to my native New England soon. I have many questions. I guess, first is, how do you do it? This is a frustrating story on many levels and how do keep from getting too close and yet maintain a distance enough to help? What is the real success rate of this system and how do you deal with the inevitable failures? Don't you ever feel like " I give up, these people will never really clean up/stay sober/stay away from violent, abusive boyfriends?" You seem like a nice guy with a cool name! Thank you! drummergirl
Judge Jeremiah S. Jeremiah Jr.: Of course, we have failures and as a judge you must recognize that will happen but I don't think you ever give up - hoping that a drug addicted parent will kick the habit. My wife - who dealt with drug addicted individuals as a nurse - always tells me how hard it is for someone to get off drugs. You must show a lot of patience when dealing with these cases. I have had several women who have been successful and have had their children returned to them. Only - they then go back to using again and have their child(ren) removed, this is very disappointing to me - but you can never give up. I am pleased to say that our success rate in the Family Treatment Drug Court is approximately 50 %. The purpose of Family Treatment Drug Court is to have the child placed with the parent immediately under strict supervision or to return the child to the parents care as soon as it is considered appropriate.

Tyson: How many more times will Tania be allowed to test positive for cocaine before she loses her parental rights?
Judge Jeremiah S. Jeremiah Jr.: Every participant is different therefore it depends. Every case is different and each case is decide upon the facts. For instance, if she chose to use cocaine -or someone forced it upon her as an example.

Rosegp: I commend your compassion in the case of Tania, obviously you saw her potential. Too bad the family courts are so overcrowded that it's just not possible to be so connected with more cases.
Judge Jeremiah S. Jeremiah Jr.: I realize that the Court is overcrowded but, I know that my judges are deeply concerned about the matters that they hear. Especially, they try to do what is best for the child(ren).

yoyo: If a restraining order was in effect ,why cant they ask the child ,say, if the child was 8 or 9 years old, if they wanted to see the other parent .It seems they get pushed aside
Judge Jeremiah S. Jeremiah Jr.: On many occasions I will interview the child in chambers to first to determine their ability to communicate with me. Then, once determined, I will ask them questions about the family situation. I always tell the child: first, that they are very important; that they are loved by both parents and that they should love both parents. But, in order not to put the responsibility on the child, I always tell that I will make the decision as to visitation. If I find the child, particularly over the age of 14, is mature enough to make such a decision - I will usually abide by their request.

huggy: Judge, Do you think the projo article accurately represented the challenges that addicted people face. I heard you are active nationally in drug courts, do these type of cases appear in other courts around the country ?
Judge Jeremiah S. Jeremiah Jr.: YES! It does accurately represent the challenges that addicted people face. You have to remember that relapse is part of treatment. Yes, this case is typical of case around the country.

Edward Fitzpatrick: The series ran on the same week that U.S. Rep. Patrick J. Kennedy crashed his car and checked himself into the Mayo Clinic. What does that incident tell you about addiction? Are there any parallels to Tania's case?
Judge Jeremiah S. Jeremiah Jr.: Addiction knows no boundaries. Representative Kennedy is just like millions of people in this country who has a mental illness. He recognizes this and takes medication that is given to him by doctors. But had a detrimental effect. Yes, Tania and Rep. Kennedy have similarities in their addiction to drugs. One legally and one illegally.

JEFFANIE: How is Tania doing since the series was published, and how much time did Jason get on his parole violations? Is he still in contact with Tania?
Judge Jeremiah S. Jeremiah Jr.: Tania and her baby are doing great. Jason is in jail and awaiting trial on certain charges pending before the court and he is not allowed to see or contact Tania or the baby.

happymedium: Why wasn't Tania sent to Sstarbirth immediately after AJ's birth instead of waiting until her relapse made it a crisis?
Judge Jeremiah S. Jeremiah Jr.: Because, first she had to be arraigned on her charges, admit that she violated the law and then a treatment plan had to be devised. It is quite possible that a bed was not available for her at this time.

JEFFANIE: Mr.. Fitzpatrick, do you think you will follow-up with this particular case? There seemed to be so many unanswered questions...the first thing I did each day at my desk was to read the article...I feel like a lost a friend?! Well two (Your Honor:))
Edward Fitzpatrick: I plan to continue following Tania through the Family Treatment Drug Court and report on whether she succeeds or fails. She's expected to remain in the drug court program another seven to 10 months.

raythemick: Judge, what does the future for family drug court look like in R.I, as far as continued funding is concerned?
Judge Jeremiah S. Jeremiah Jr.: We hope that this Court will continue forever. It should be noted that, presently, we have funds to support this program for at least 2 years. Through the office of Senator Reed, we have received funding from the Department of Justice.

drummergirl: so she is on her own now out of SSTAR?
Judge Jeremiah S. Jeremiah Jr.: No, it's usually a year long program and Tania has been there for only a few months.

Edward Fitzpatrick: I was told this morning that Governor Caricieri has proposed cutting funding for detoxification services by one-third. Is that true? And what's your response?
Judge Jeremiah S. Jeremiah Jr.: It is my understanding this to be true. And certainly, this would hinder any drug treatment program. My staff and I have met with the Governor on several occasions telling him the importance of drug treatment and how treatment is not only cost effective but is preferred over incarceration. He has been very receptive to our information and I hope that the funds will be restored.

B.K.: Your Honor, I am wondering about the Robert Wood Johnson Foundation Project. I understand they will, or have evaluated the Family Treatment Drug Court in Rhode Island. How will their findings be implemented, if at all in the program?
Judge Jeremiah S. Jeremiah Jr.: They are not involved in our Family Treatment Drug Court. We have the National Prenatal information Center doing an ongoing evaluation of our program.

huggy: As a taxpayer I was glad to get a behind the scenes look at our tax dollars at work. Is it cheaper and or more effective to be enrolled in your drug court or at the training school or prison?
Judge Jeremiah S. Jeremiah Jr.: They tell me that the cost of keeping a child at the training school is approximately $90,000 per year. and, I believe that the ACI costs is approximately $60,000. In no way does the cost of our Drug Court program approach this level. We believe that although - we have not broken the cost down per person - we believe our cost to be between $5,000 - $40,000 per year due to the severity of the problems.

drummergirl: So if relapse is a part of treatment as the saying goes, how many relapses does an addict have before he/she is clean for good? At what point do you just have to stop this insanity? If she continues to call herself an addict forever then I fear she will always say "oh, well, I am an addict therefore......." That cannot go on forever.
Judge Jeremiah S. Jeremiah Jr.: Unfortunately, I can not tell you how many relapses an addict will have before he/she is clean for life. Every individual has to be considered separate as to how and why they relapsed and the possibility of success.

qmri18: How important do you feel it is for both parents to be a part of their child's life?
Judge Jeremiah S. Jeremiah Jr.: Very important!

Edward Fitzpatrick: What will it take to ensure Tania stays drug free and keep her daughter?
Judge Jeremiah S. Jeremiah Jr.: There are no guarantees in life. It will take a real commitment from Tania to want to be the mother of her child and remain drug-free.

qmri18: Your Honor, is Tania staying away from Jason a prerequisite for her to graduate, or were the times you asked her about it just advise from a concerned individual?
Judge Jeremiah S. Jeremiah Jr.: The answer is no! However, until he is clean I'm afraid that he'll try to influence Tania to use drugs again. If that happens, she could lose her child.

Edward Fitzpatrick: How do you respond to readers who have said that people with addictions are unlikely to ever stop using drugs so it's a waste of taxpayer money to continue funding drug courts.
Judge Jeremiah S. Jeremiah Jr.: If we were to buy your philosophy, then I think we would be giving up on society and future generations. I would hope that we would never give up trying to help people have a better life.

raythemick: Speaking as an addict who is in recovery, and currently involved in Family Treatment Drug Court, the public must realize that each one of us is unique and that this may be the catalyst for lasting change in our lives.
Judge Jeremiah S. Jeremiah Jr. : I would agree with your statement and hope that you continue on your road to recovery. I am sure that the entire staff of the Drug Court wished you success.

Edward Fitzpatrick: Thanks for your question and comments. Thanks to Judge Jeremiah for his time and answers.