Eligibility. A. When directed by the court, the treatment staff for the juvenile drug court program shall make an investigation of the juvenile under consideration to determine whether the juvenile is a person who: 1. Would benefit from the juvenile drug court program; and 2. Committed a delinquent act wherein the underlying act or cause of the underlying act involved alcohol or substance abuse. B. 1. The juvenile drug court investigation shall be conducted through a standardized screening test, personal interview, and home study. A more comprehensive assessment may take place at the time the juvenile enters the treatment portion of the program and may take place at any time after placement in the juvenile drug court program. 2. The investigation shall determine the original treatment plan which the juvenile will be required to follow if admitted to the program. Any subsequent assessments or evaluations by the treatment provider, if the juvenile is admitted to the program, may be used to determine modifications needed to the original treatment plan. 3. The investigation shall include, but not be limited to, the following information: a. the age and physical condition of the juvenile, b. employment, c. educational background and literacy level, d. community and family relations, e. prior and current drug and alcohol use, f. behavioral health and medical treatment history, g. demonstrable motivation of the juvenile and family of the juvenile, h. the willingness of the person responsible for the health or welfare of the juvenile, as defined in Section 2-1-103 of this title, to actively support the participation of the juvenile in the program, and i. other mitigating or aggravating factors. 4. A written treatment plan, which is subject to modification at any time during the program, shall include, but is not limited to: a. describing the strong linkage between participating agencies, b. access by all participating parties of a case to information on the progress of the juvenile, c. vigilant supervision and monitoring procedures, d. random substance abuse testing, e. provisions for noncompliance, modification of the treatment plan and revocation proceedings, f. availability of residential treatment facilities and outpatient services, g. reparation to the victim, community and state, and h. methods for measuring application of disciplinary sanctions, including provisions for: (1) increased supervision, (2) urinalysis testing, (3) intensive treatment, (4) short-term confinement not to exceed five (5) days, (5) reinstating the juvenile into the program after a disciplinary action for a violation of the treatment plan, and (6) revocation from the program. C. 1. When a juvenile is determined to be appropriate for admittance to the program, regardless of whether the juvenile is in the custody of the Office of Juvenile Affairs, the treatment staff shall make a recommendation for the treatment program or programs that are available in the jurisdiction and which would benefit the juvenile and accept the juvenile. 2. Prior to the next scheduled hearing, the investigation findings and recommendations for program placement shall be reported to the court, the district attorney, 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 the attorney of the juvenile. D. The hearing to determine final eligibility shall be set not less than three (3) judicial days nor more than seven (7) judicial days from the date of the initial hearing for consideration, unless extended by the court. E. 1. Any statement made by the juvenile to any supervising staff during the course of any drug court investigation or subsequent to the admission of the juvenile to the juvenile drug court program, as well as any report of findings and recommendations, shall not be admissible in any case pending against the juvenile, nor shall such be grounds for the revocation of a juvenile from the program. 2. The restrictions provided in this section shall not preclude the admissibility of statements or evidence obtained by the state from independent sources. Added by Laws 2005, c. 226, § 3, eff. Nov. 1, 2005. Amended by Laws 2009, c. 234, § 56, emerg. eff. May 21, 2009. Renumbered from § 7303-5.6 of Title 10 by Laws 2009, c. 234, § 181, emerg. eff. May 21, 2009.
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