Section 7. Initial Certification - Application and Procedures
Effective August 31, 2021
(a) A court with misdemeanor jurisdiction in a city or county that proposes to establish a court-administered alcohol and drug services program under IC 12-23-14 must accomplish the following to become certified:
(1) submit a standard application form and other materials required under subsection (f), to the Indiana Office of Court Services;
(2) obtain a written statement from the Indiana Office of Court Services under subsection (h) approving the establishment of the program and its plans for operation;
(3) become an established court-administered alcohol and drug services program by obtaining approval from the legislative and appropriating body;
(4) obtain a provisional certificate of approval from the Indiana Office of Court Services under subsection (l); and
(5) obtain a certificate from the Indiana Office of Court Services under subsection (m) for a period not to exceed four years.
(b) The court must have the written statement from the Indiana Office of Court Services described in subsection (h), approving the establishment of the program before the court may do either of the following:
(1) submit a petition for approval of the program to the legislative and appropriating body from which the court derives its funds; or
(2) set and require the assessment and collection of fees for deposit in appropriate accounts or funds pursuant to IC 12-23-14-16 and directives and guidelines of the State Board of Accounts.
(c) An established court-administered alcohol and drug services program may not begin the delivery of the client-related services authorized by IC 12-23-14 until the court has received a provisional certificate of approval under subsection (l) or certification under subsection (m).
(d) An applicant seeking initial approval shall request an application form from the Indiana Office of Court Services.
(e) The Indiana Office of Court Services will forward to the applicant a standard initial application form.
(f) The applicant shall submit the following to the Indiana Office of Court Services:
(1) a letter requesting approval of the establishment of a court- administered alcohol and drug services program;
(2) the completed application form and any supporting documents; and
(3) a policies and procedures manual developed in accordance with these rules.
(g) Upon receipt of all required documents, the Indiana Office of Court Services will review the materials submitted. The Indiana Office of Court Services may conduct an on- site visit to determine whether all requirements for certification have been met. The Indiana Office of Court Services may offer recommendations or suggested corrections as are necessary and appropriate.
(h) The Indiana Office of Court Services must determine if a court's request for approval of the establishment of a court-administered alcohol and drug services program should be granted or denied. If the Indiana Office of Court Services finds that the applicant is in compliance with all applicable requirements, the Indiana Office of Court Services must provide the applicant with a written statement approving the establishment of the court’s alcohol and drug services program and the plans for its operation. The Indiana Office of Court Services may deny the request for approval for any reason enumerated in Section 11. If the Indiana Office of Court Services determines that the request for approval of the establishment of a program should be denied, the Indiana Office of Court Services must observe the procedures required in Section 10 for denial of an application for certification.
(i) After a sponsoring court has received a written statement from the Indiana Office of Court Services approving the establishment of the court's alcohol and drug services program and the plans for its operation, the court may then petition the legislative and appropriating body from which it derives its funds for final approval of the proposed program. Upon approval by the legislative and appropriating body, by written order or resolution, the court- administered alcohol and drug services program is established. Upon establishment of the program, the sponsoring court:
(1) shall establish such procedures as are required by IC 12-23-14 and directives and guidelines of the State Board of Accounts concerning the receipt of, accountability for, and disbursement of fees collected, and other revenue or monies received pursuant to IC 12-23-14-16; and
(2) may set and require the assessment and collection of the fees authorized by IC 12-23-14-16.
(j) The Indiana Office of Court Services may revoke the approval of the establishment of a court- administered alcohol and drug services program for any of the following reasons:
(1) any reason enumerated in Section 13 as a reason for revoking or setting aside a certificate; or
(2) failure of a court to receive certification for its court-administered alcohol and drug services program within one year from the date that the legislative and appropriating body for the sponsoring court approved the establishment of the program.
(k) Whenever the Indiana Office of Court Services determines that any reason exists justifying the revocation of the approval of the establishment of a court-administered alcohol and drug services program, the Indiana Office of Court Services shall observe the procedures required in Section 12 for the revocation of certification. The revocation of a certificate to provide services as a court- administered alcohol and drug services program shall also serve as revocation of the approval by the Indiana Office of Court Services to establish the program.
(l) The Indiana Office of Court Services may issue a provisional certificate of approval authorizing the program to begin the delivery of services after the program’s application has been favorably reviewed and the site visit has been made. Provisional approval is valid for 180 days of operation during which the Indiana Office of Court Services will review the program's actual delivery of services and recordkeeping practices.
(m) Except as provided for in subsections (h) and (j), the Indiana Office of Court Services shall approve a properly completed and documented application for the establishment of a court-administered alcohol and drug services program and its plans for operation and provide the sponsoring court with a written statement of its approval if the court has demonstrated all of the following:
(1) The services required to be performed by a court-administered alcohol and drug services program by IC 12-23-14 and these rules will be provided.
(2) Based on the program’s policies, procedures, practices, and staff, the program has the capability to provide the services proposed.
(3) Adequate revenues and other resources will be provided to support the program and its services.
(4) The services of the program will be delivered through methods likely to assure that clients of the program will benefit.
(5) The court and its program will be operated in compliance with the requirements of IC 12-23-14 and these rules and other applicable federal and state laws.
(n) After all requirements in subsection (m) have been met by the applicant, the Indiana Office of Court Services shall issue a certificate of approval. The certificate is valid for a period not to exceed four years.