Family Law - Juvenile Court
JUVENILE
DRUG COURT
The Nevada County Juvenile Drug Court was implemented in 2001 to
promote public safety and contribute to a reduction in substance
abuse and recidivism among nonviolent juvenile offenders. The Drug
Court is an intensive treatment program designed to evaluate, treat
and monitor participants that come within the provisions of Sections
601 and 602 of the California Welfare and Institutions Code. The
Court actively supports recovery through coordinated, comprehensive
and appropriate substance abuse treatment services, as well as ancillary
services to the participants and their families. Drug Court affords
youth an opportunity to exit the revolving door of the justice system
as healthy and law-abiding members of the community. Successful
completion of the Juvenile Drug Court Program may result in dismissal
of the juvenile's charges, early termination of wardship or probation
and a recommendation that the juvenile's file be sealed when he
or she turns 18.
This program is a collective effort involving the Nevada County
Courts, Probation Department, District Attorney's Office, Public
Defender's Office, County Counsel's Office, Human Services Agency/Behavioral
Health Services, the Superintendent of Schools, Community Service
Providers and Nevada County Systems of Care Project.
Information
Sheet and Eligibility Criteria
Juvenile Drug Court is a voluntary program for persons under the
age of 18 who have a drug/alcohol problem and want help for that
problem. Clients may be eligible if they:
- Have committed a crime which has drugs or alcohol involved
- Have a history of drug or alcohol abuse
- Are at risk for out-of-home placement due to substance abuse
- Have no serious sex offenses
- Have no pending 707(b) offenses
- Have no extensive history of serious or violent felony crimes
The program consists of case-managed substance abuse treatment,
counseling, ancillary services (education, health, employment) and
witnessed urine testing. Clients may be required to return to Court
every week, but generally it will be every other week. The testing
and counseling requirement may decrease as clients gain recovery.
Clients are required to attend self-help meetings (i.e. Alcoholics
Anonymous, Narcotics Anonymous and other selected sobriety activities).
Parent/guardians/adult mentor cooperation and participation is
also required. The adults are expected to attend Drug Court and
comply with the recommendations of the Team.
Conditions for graduation from the Juvenile Drug Court Program
include:
- Successful completion of required substance abuse treatment
modalities
- Successful completion of other therapeutic requirements and
activities
- Attendance at all scheduled Court hearings
- Clean drug tests
- Payment of any fees imposed
- Attendance at school (and place of work, if applicable)
Poor performance in the Juvenile Drug Court Program may result
in the requirement that the client enters detoxification, participates
in a more intense level of treatment, is incarcerated for specific
periods, is extended in the program, or is terminated.
Referral
Procedure
A minor's parent/guardian or adult mentor, or a Probation Officer,
District Attorney, Public Defender, Juvenile Court Judge or Court
Commissioner may initiate a referral.
The Juvenile Drug Court Case Manager will screen the minor for
suitability and confirm eligibility.
Individual
Recovery Plans
All youth participating in Drug Court have Individual Recovery
Plans. Components of a Recovery Plan are Substance Abuse Treatment,
Case Management Services and Psychotherapy. Members of the Team
are provided with each client's Recovery Plan. Modifications to
each Plan may be made at the discretion of the Team. The Case Manager
is to be informed prior to implementing changes in any Plan.
Judicial
Sanctions
An important and unique feature of the Juvenile Drug Court Program
is the judicial sanction. When a client fails to comply with the
basic standards of treatment, drug testing, program attendance,
Court appearance, or financial compliance, a sanction will be imposed.
The Sanction may take the form of time in the Juvenile Assessment
Center, outside self-help meetings, or other tasks ordered by the
Court.
Admission
and Advancement Policy
Admission can occur at any time, on an ongoing basis, providing
there is space available in one of the intervention treatment groups.
Movement from phase to phase by each individual is dependent upon
achievement of the treatment requirements for each phase. The maximum
time in treatment is 12 months, but aftercare can include another
12 months.
Any time lost from treatment while incarcerated (or for other court-approved
brief leaves of absence, such as an incapacitating illness or hospitalization)
does not necessarily require a restart of that treatment phase;
however, movement to the next phase will be delayed until the individual
has met all requirements. To graduate successfully from the treatment
program, all participants, regardless of any other achievements,
their probation status, custody situation, or court/legal status,
must complete the relapse prevention plan and the discharge/aftercare
plan.
Drug
and Alcohol Testing Policy
During the Intervention and Early Recovery phases of the program,
drug and/or alcohol testing occur at least twice each week. Additional
unannounced tests for alcohol or drug use can be ordered at any
time at the discretion of the program staff, and the participant
must comply promptly with a demand to test or it is counted as a
positive test, and the applicable sanction(s) will apply. Two positive
tests during Phase II will necessitate a demotion to Phase I. A
positive test during the last phase of the program (Relapse Prevention
Phase) will usually necessitate a return to Phase II. All graduates
must have at least 90 days "clean" time to be eligible
for graduation.
Progressing
Through Treatment
There are four phases of the Juvenile Drug Court Program: INTERVENTION
PHASE, EARLY RECOVERY PHASE, RELAPSE PREVENTION PHASE and ONGOING
RECOVERY. Each phase lasts 12 weeks. As a participant moves through
the four phases of the Juvenile Drug Court Program, they are evaluated
and promoted based on successful completion of each phase. In an
effort to have consistent standards for client achievement, basic
requirements are established. Each client in Juvenile Drug Court
is re-evaluated at three-month intervals. At each evaluation, the
client must successfully meet the required standards before being
"promoted" to a less intense modality of treatment.
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