§ 10A-2-2-508 — Juvenile drug court program – Periodic review,

progress reports and hearings. A. The court shall make all judicial decisions concerning any case assigned to the juvenile drug court docket or program. The court shall require progress reports and a periodic review of each juvenile during their period of participation in the 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 court as specified by the treatment plan or as ordered by the court. B. The court may establish a regular schedule for progress hearings for any juvenile in the drug court program. The district attorney shall not be required to attend regular progress hearings, but shall be required to be present upon the motion of any party to a drug court case. C. The treatment provider, the supervising staff, the district attorney, and the attorney for the juvenile shall be allowed access to all information in the drug court case file of the juvenile and all information presented to the court at any periodic review or progress hearing. D. 1. The court shall recognize relapses and restarts in the program which are considered to be part of the rehabilitation and recovery process. 2. The court shall order progressively increasing sanctions or provide incentives, rather than removing the juvenile from the program when relapse occurs, except when the conduct of the juvenile requires removal from the program. 3. Any removal from the drug court program shall require notice to the juvenile and the person responsible for the health or welfare of the juvenile, as defined in Section 2-1-103 of this title, and other participating parties in the case and a hearing. 4. At the hearing, if the juvenile is found to have violated the conditions of the treatment plan and disciplinary sanctions have been insufficient to gain compliance, the juvenile shall be removed from the program, returned to the regular juvenile court docket and set for redisposition. E. Upon application of any participating party to a drug court case, the court may modify a treatment plan at any hearing when it is determined that the treatment is not beneficial to the juvenile. The primary objective of the court in monitoring the progress of the juvenile and the treatment plan shall be to keep the juvenile 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, and the attorney of the juvenile in open court. F. The court shall be authorized to modify the responsibilities of any person responsible for the health and welfare of the juvenile, as defined in Section 2-1-103 of this title, for noncompliance with any condition established by the court. The court is also authorized to sanction the person responsible for the health and welfare of the juvenile or any adult residing with the juvenile, for noncompliance of such person with any condition established in the court.

Legislative History

Added by Laws 2005, c. 226, § 6, eff. Nov. 1, 2005. Amended by Laws 2009, c. 234, § 58, emerg. eff. May 21, 2009. Renumbered from § 7303-5.9 of Title 10 by Laws 2009, c. 234, § 181, emerg. eff. May 21, 2009.