When, in a private custody case not involving the department of children’s services or a child-placing agency, a court has removed a child from the custody of the child’s parent due primarily or solely to drug abuse by the parent, the court shall not return the child to the parent’s custody until the parent has demonstrated a sustained commitment to responsible parenting by:

(1) Not being the subject of criminal charges or a criminal investigation for at least ninety (90) days;
(2) Resolving any former and pending investigations by child protective services to the satisfaction of the court; and
(3) Passing two (2) consecutive monthly drug screens to be paid for by the parent.
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