§ 10A-1-4-715. Family drug court judge - Powers.

A.  The family drug court judge shall make all judicial decisions concerning any case assigned to the family drug court docket or program.  The judge shall require progress reports and a periodic review of each family during their period of participation in the family drug court program or for purposes of collecting costs and fees after completion of the treatment portion of the program.  Reports from the treatment providers and the supervising staff shall be presented to the drug court judge as specified by the treatment plan or as ordered by the court.

B.  The judge may establish a regular schedule for progress hearings for any family in the family drug court program.  The district attorney, the Department of Human Services, the child or children and family, including any adult who resides in the home with the child or children, the attorney for the child or children and family, including any adult who resides in the home with the child or children, and the treatment provider shall be required to attend regular progress hearings, and shall be required to be present upon the motion of any party to a family drug court case.

C.  The treatment provider, the supervising staff, the district attorney, the Department of Human Services, and the attorney for the child or children and family shall be allowed access to all information in the family drug court case file of the child or children and all information presented to the judge during any family drug court hearing.

D.  1.  The family drug court judge shall recognize relapses and restarts in the program which are considered to be part of the rehabilitation and recovery process.

2.  The family drug court judge shall order progressively increasing sanctions or provide incentives, rather than removing the family from the program when relapse occurs, except when the conduct of the child or children or family requires removal from the program.

3.  Any removal from the family drug court program shall require notice to the child or children and family and other participating parties in the case and a hearing.

4.  At any family drug court hearing, if the child or children or an adult responsible for the health and welfare of the child or children is found to have violated the conditions of the treatment plan and disciplinary sanctions have been insufficient to gain compliance, the child or children and family shall be removed from the program, and the child or children shall be returned to the regular deprived court docket and set for redisposition or permanency hearing.

E.  Upon application of any participating party to a family drug court case, the judge may modify a family drug court treatment plan at any hearing when it is determined that the treatment is not beneficial to the child or children.  The primary objective of the judge in monitoring the progress of the child or children, the family and the family drug court treatment plan shall be to keep the child or children and family in treatment for a sufficient time to change behaviors and attitudes.  Modification of the treatment plan requires a consultation with the treatment provider, supervising staff, district attorney, the Department of Human Services, the attorney for the child or children and the attorney for the family in open court.

F.  The family drug court judge shall be authorized to modify the family drug court treatment plan of any person responsible for the health and welfare of the child or children and any adult residing with the child or children for noncompliance with any condition established by the court.  The family drug court judge is also authorized to sanction the person responsible for the health and welfare of the child or children or any adult residing with the child or children for noncompliance of such person with any condition established in the court.

Added by Laws 2010, c. 278, § 10, eff. Nov. 1, 2010.