By Tom Jarvis
The New Hampshire Judicial Branch’s (NHJB) Family Treatment Court (FTC) in Sullivan County, launched in 2021, is the first of its kind in New Hampshire. It provides early intervention for families involved in abuse and neglect cases where substance use disorder impacts one or more parents. FTC aims to strengthen families by providing structured, court-supervised support for parents working toward recovery and reunification.
Operated under the leadership of Circuit Court Judge Daniel Swegart, FTC is currently funded by grants from the Office of Juvenile Justice and Delinquency Prevention and the Substance Abuse and Mental Health Services Administration.
“FTCs have been running for 20 years in some other states,” says Judge Swegart. “New York has a well-established FTC system, and it’s all funded through state and county funds, as they’ve made it a priority to approach their abuse and neglect cases in this way.”
By taking a collaborative, team-based approach, FTCs enhance access to critical services and support, strengthen accountability and recovery efforts, and increase the chances of reunification, helping families achieve long-term stability. When parents receive the resources they need to enter treatment early, remain engaged in their recovery, and address obstacles efficiently, their children spend less time in out-of-home placements.
The success of FTC relies on a coordinated effort among the court, the Division for Children, Youth, and Families (DCYF), Court Appointed Special Advocates of New Hampshire (CASA), parent attorneys, substance use and mental health treatment providers, and community partners.
“The purpose of Family Treatment Court is to respond more appropriately to the cycle of addiction in families in our communities to create a system that is adapted to address the substance use disorder that is causing the conditions of neglect,” says Judge Swegart. “The legal goal in these cases is reunification with the parents – that’s where it must start.”
Unlike traditional treatment courts that engage participants after a finding, FTCs intervene while a case is still active, providing timely services to parents and children with the goal of achieving long-term family stability. By prioritizing early intervention, FTCs ensure that parents struggling with substance use disorders receive treatment as soon as possible.
“The common thread between FTC, drug court, mental health court, and veterans court is that each one is intended to provide a more in-depth response to the underlying reason why the person ended up before the court,” says Judge Swegart.
According to NHJB Statewide FTC Coordinator Jacqui Baker, DCYF data indicates that approximately 40 percent of abuse and neglect assessments in Sullivan County involve substance abuse. Under the Adoption and Safe Families Act, parents have 12 months to address the issues that led to their case before facing the potential termination of parental rights. Baker says that research indicates that early entry into treatment increases the likelihood of completion and successful reunification with children.
“We have seen the effects of having a Family Treatment Court and how it has better results for families,” says Baker. “So, the more we can move toward these best practices, the better outcomes we will see for folks who are involved in abuse and neglect cases in New Hampshire.”
To facilitate the process, substance use disorder screenings begin even before a case is adjudicated. Eligible parents join FTC after the preliminary hearing, while others proceed through the standard process.
A report from the National Library of Medicine found that families participating in FTCs were twice as likely to reunify as those receiving conventional child welfare services. A national study published in Sage Journals found that parents who entered substance use disorder treatment sooner after their children were placed in substitute care remained in treatment longer. Moreover, those who completed at least one course of treatment were significantly more likely to reunite with their children.
A 2020 Iowa Family Treatment Court report further underscores the impact of FTCs. From March 2008 to March 2020, 90.5 percent of parents in Iowa’s FTCs were admitted to substance abuse treatment. On average, FTC participants remained in treatment for 197 days – more than twice as long as other parents in the child welfare system, who averaged just 97 days.
The benefits extended to children as well: 77 percent of children were able to remain in the custody of their parent or caregiver during the program, while 72 percent of children in foster care were reunified with their families within 12 months. Additionally, 91 percent of children did not experience a recurrence of maltreatment within six months of their parents entering FTC.
In addition to improving family stability, FTCs generate significant cost savings. The same Iowa report estimated that since 2007, FTCs have saved the state approximately $17.7 million in cost avoidance, equating to an average of $11,769.51 per family. The report concludes that by reducing the length of time children spend in foster care and increasing the effectiveness of treatment interventions, FTCs provide both economic and social benefits.
DCYF Claremont District Office Supervisor Kristan Desmarais emphasizes the program’s success in reunification efforts.
“During these past years, I have seen great success with a fast track to reunification with the help and support of FTC,” Desmarais says. “Children have been able to be reunified safely and quickly due to the intense wraparound services, case management, and judicial oversight. My hope is that we can implement Family Treatment Court statewide.”
CASA Program Manager Alison Wheeler explains that CASA representatives, who play a critical role in FTC by advocating children’s best interests, attend every FTC session, ensuring children’s voices are heard in court and that their needs are met.
“It’s been an incredible thing to be a part of it,” says Wheeler. “From my perspective, having been at it for quite a while now, I just see how the model really helps parents break down their goals to make them more achievable, really helping them to get these quick wins, and motivating them to move forward. What I’ve observed is an important balance of compassion and support along with accountability and expectation.”
Wheeler continues: “Having everyone at the table – treatment providers, mental health clinicians, in-home service providers – ensures that if a child or parent has a need that directly impacts the child, it gets addressed immediately. With so many resources available, someone can step in and take action in the moment. These decisions and connections happen quickly, ensuring parents and children can access community resources more easily.”
Judge Swegart stresses the overwhelming challenges families face, and the critical role FTCs play in breaking the cycle.
“I don’t think there is any question that this – or some version of this – is the right way to tackle one of the cycles that is bringing our communities down,” he says. “This untreated, unsupported family unit needs a lot more from our system than what they are getting in order to try to overcome challenges. It’s a constellation of challenges they have. Some of them don’t have a license, a Social Security card, a birth certificate, a car, or a place to live. They have untreated mental health disorders, substance use disorder, and they are on bail. And where do they start? It’s overwhelming.”
Without proper support, he explains, the situation often worsens.
“It cycles back into the deep darkness where they can’t get out of their own way because they don’t know where to start, and no one is there to really help them,” he says. “And when they have their kids taken away, it’s exacerbated. They have so many eyes on them, so it only feels magnified. There are judges, DCYF workers, lawyers, and everyone saying, ‘If you don’t straighten out, you’re never going to have your kids back.’”
Judge Swegart emphasizes that FTCs are designed to support not just the individual, but the entire household.
“It really is a treatment court for the whole family,” he says. “It is intended to take the needs of all of the individuals within that family – the children and the parents – and try to see what will make them most successful in the long run. We really are trying to be a wraparound approach to the problem so that not only do they have their recovery in hand when they complete the program, but they also hopefully have a driver’s license, a stable place to live, a job, and their mental health is well-treated.”
Judge Swegart continues: “That’s when it works most successfully because if we just start attacking one element, then it really won’t get these families to where they need to be. It should be the whole family, and it should be all of the different needs of that family. And that takes a big team and a comprehensive approach to do that.”
As FTC in Sullivan County demonstrates promising outcomes, its success has inspired adaptations in other parts of the state. In July 2024, the Manchester Family Division introduced a modified version of the process, known as the Supported Family Approach (SFA), aimed at addressing similar challenges in a high-volume court setting.
“Manchester Family Division has never put into place anything like this,” says Circuit Court Judge Ellen Joseph. “We have a high volume of child protection cases, as you can imagine, but we’ve never created or tried any form of a family treatment court within that case type. Through collaboration with DCYF personnel, the court, CASA, and other stakeholders, we came up with an abbreviated version of the family treatment court.”
Judge Joseph explains that SFA differs from FTC in two ways. First, due to the capacity of the SFA team, participation is limited to families with children ages three and under and evidence of substance misuse in DCYF’s assessment. Families with older children do not qualify, and certain disqualifiers, such as domestic violence, may prevent entry.
Second, if abuse or neglect is found, SFA introduces two immediate review hearings within the first three months. These hearings fast-track access to treatment and services, bringing together a team of providers in a collaborative, team-based approach not typically seen in traditional child protection cases.
“We also have an issue that parents in these cases are afforded court-appointed counsel, and there aren’t a lot of lawyers who do this work by court appointment,” Judge Joseph says. “If we had more lawyers willing to take these appointments, it would help tremendously.”
As these court processes continue to evolve, legal and child welfare professionals hope their success will serve as a foundation for broader adoption across the state.
“I think it’s reasonable to hope that this is going to be all across the state at some point,” says Judge Swegart. “How long that takes or how that looks exactly is the question.”