A. The juvenile drug court judge shall conduct a hearing to determine final eligibility of the juvenile for the juvenile drug court program by considering:
1. Whether the juvenile is appropriate for placement in drug court, as provided in subsection A of Section 2-2-506 of this title;
2. The findings and recommendations of the juvenile drug court investigation;
3. Whether there is an appropriate treatment program available to the juvenile and whether there is a recommended treatment plan; and
4. Any information relevant to determining eligibility. A juvenile shall not be denied admittance to any juvenile drug court program based upon the inability of the juvenile and the person responsible for the health or welfare of the juvenile, as defined in Section 2-1-103 of this title, to pay court costs or other costs or fees.
B. The judge shall require the person responsible for the health or welfare of the juvenile, as defined in Section 2-1-103 of this title, to demonstrate support for the participation of the juvenile in the program. In order for the juvenile to be admitted to the program, every person responsible for the health or welfare of the juvenile shall accept the personal jurisdiction of the court. Any adult who establishes a permanent residence in the home where the juvenile resides after the juvenile has been admitted to the program shall also accept the personal jurisdiction of the court. Failure of the adult responsible for the health or welfare of the juvenile or the adult who resides in the home with the juvenile to accept personal jurisdiction of the court shall result in either contempt of court proceedings for the adult, removal of the juvenile from the home, or both. A juvenile shall not be removed from the drug court program based solely on the failure of the adult to comply with the provisions of this subsection.
C. When the court accepts the treatment plan, the juvenile and the person responsible for the health or welfare of the juvenile, as defined in Section 2-1-103 of this title, must have voluntarily signed the necessary court documents before the juvenile may be admitted to treatment. The court documents shall include:
1. A written treatment plan which is subject to modification at any time during the program, as set forth in paragraph 4 of subsection B of Section 2-2-506 of this title;
2. A statement requiring the juvenile 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 juvenile that such person will comply with the orders of the court and any conditions of the treatment program and supervising staff for as long as the juvenile participates in the juvenile drug court program.
D. If admission into the juvenile 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 juvenile is admitted to the juvenile drug court program, any bond, bail or undertaking on behalf of the juvenile shall be exonerated.
F. 1. A juvenile shall actively participate in treatment for a period of not less than six (6) months while participating in the juvenile drug court program. Any person admitted to a juvenile drug court program who becomes eighteen (18) years of age shall be eligible to complete the drug court program.
2. All participating treatment providers shall be certified by the Department of Mental Health and Substance Abuse Services and shall be selected and evaluated for performance-based effectiveness annually 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 2005, c. 226, § 5, eff. Nov. 1, 2005. Amended by Laws 2009, c. 234, § 57, emerg. eff. May 21, 2009. Renumbered from § 7303-5.8 of Title 10 by Laws 2009, c. 234, § 181, emerg. eff. May 21, 2009.