§ 10A-1-4-712. Authority to establish family drug court – Procedures.

A.  Each district court is hereby authorized to establish a family drug court for the purpose of treating children adjudicated as deprived and their families in cases where the parent, parents or legal guardian has a substance abuse disorder.  The Department of Mental Health and Substance Abuse Services shall assist in the establishment of family drug courts and, if funds are available, may contract for family drug court treatment services.

B.  At the adjudicatory or dispositional hearing in a deprived case, the court may determine whether there are any statutory preclusions, other prohibitions, or program limitations that exist and are applicable to considering the family for participation in the drug court program.

C.  A family drug court assessment shall be ordered by the court, upon the motion of the district attorney, Department of Human Services, the child’s attorney, parent, legal guardian or upon the court’s own motion, once the requirements of subsection B of this section have been met.

D.  The court shall set a date for a hearing to determine final eligibility for admittance into the program which shall not exceed thirty (30) days after the dispositional hearing.

E.  Upon denial for consideration in the family drug court program at the initial hearing, the case shall proceed as authorized by the Children's Code.

Added by Laws 2010, c. 278, § 7, eff. Nov. 1, 2010.