§ 10A-1-4-714. Family drug court program eligibility.

A.  The family drug court judge shall conduct a hearing to determine final eligibility of the family for the family drug court program by considering:

1.  Whether the child or children and family are appropriate for placement in drug court, as provided in Section 8 of this act;

2.  The findings and recommendations of the family drug court assessment;

3.  Whether there is an appropriate treatment program available to the family and whether there is a recommended family drug court treatment plan; and

4.  Any information relevant to determining eligibility.  A family shall not be denied admittance to any family drug court program based upon the inability of the family to pay court costs or other costs or fees.

B.  The judge shall require the family to demonstrate support for participation in the program.  In order for the family to be admitted to the program, every person responsible for the health or welfare of the child or children and any adult who establishes a permanent residence in the home where the child or children reside after the child or children have been admitted to the program shall submit to the personal jurisdiction of the court upon being properly served pursuant to Section 1-4-304 of Title 10A of the Oklahoma Statutes or by personally appearing in court.  Failure of an adult responsible for the health or welfare of the child or children, or an adult who resides in the home with the child or children, to submit to the personal jurisdiction of the court shall result in either the family's dismissal from the drug court program, contempt of court proceedings for the adult, removal of the child or children from the home, or any combination thereof.

C.  When the court accepts the family drug court treatment plan, the child or children and family shall be ordered immediately into the program and the person responsible for the health or welfare of the child or children and any adult who resides in the home of the child or children shall have voluntarily signed the necessary court documents before the child or children and family may be admitted to treatment.  The court documents shall include:

1.  A written family drug court treatment plan, which is subject to modification at any time during the program, as set forth in Section 8 of this act;

2.  A statement requiring the child or children and family to enter the treatment program as directed by the court and to participate until completion, withdrawal, or removal by the court; and

3.  A statement signed voluntarily by the person or persons responsible for the health or welfare of the child or children and any adult who resides in the home with the child or children that such person or persons shall comply with the orders of the court and any conditions of the treatment program and supervising staff for as long as the family participates in the family drug court program.

D.  If admission into the family drug court program is denied, the case shall be returned to the traditional juvenile docket and shall proceed as provided for any other juvenile case.

E.  At the time a child or children and family is admitted to the family drug court program, any bond, bail or undertaking on behalf of the child or children or family shall be exonerated.

F.  1.  A family shall actively participate in treatment for a period of not less than six (6) months while participating in the family drug court program.

2.  All participating treatment providers shall be certified by the Department of Mental Health and Substance Abuse Services.  Treatment programs shall be designed to be completed within twelve (12) months and shall have relapse prevention and evaluation components.

Added by Laws 2010, c. 278, § 9, eff. Nov. 1, 2010.