Section 12. Judicial Officer and Staff Requirements
Effective April 7, 2021
(a) A problem-solving court shall develop and observe policy and procedure describing problem-solving court judicial officer training requirements and staff qualifications and training requirements.
(b) A new problem-solving court judge shall attend and complete an orientation program approved by the Indiana Office of Court Services within the first year of serving on the problem- solving court bench.
(c) A problem-solving court shall maintain documentation that the coordinator complies with at least one of the following:
(1) has a baccalaureate degree from an accredited university or college, and
(a) the equivalent of three years of full-time paid experience in criminal justice or human services, or
(b) has an advanced degree from an accredited university or college in criminal justice or human services; or
(2) was employed by a problem-solving court as a coordinator or case manager before July 1, 2010.
(d) A problem-solving court shall maintain documentation that each case manager complies with at least one of the following:
(1) has a baccalaureate degree from an accredited university or college; or
(2) was employed by a problem-solving court as a case manager before July 1, 2010.
(e) A volunteer that performs one or more job functions of the coordinator or a case manager as defined in section 3 of these rules shall meet the qualifications in subsection (b) or (c) of this section, as applicable.
(f) The problem-solving court shall maintain problem-solving court personnel files for the coordinator, each case manager, and any volunteer who performs one or more job functions of the coordinator or a case manager. The problem-solving court personnel files shall contain, at a minimum, the following information:
(1) Date of hire or assignment to the problem-solving court for each position held or the date that a volunteer began providing services to the problem-solving court.
(2) Problem-solving court job description, including:
(A) Job title.
(B) Qualifications.
(C) Credentials, if applicable.
(D) Duties and responsibilities.
(E) Reporting and supervisory responsibilities.
(3) Documentation of the minimum job qualifications required by this section.
(4) Documentation of the accrued continuing education hours required by this section.
(g) The coordinator and each case manager shall attend and complete a staff orientation program approved by the Problem-Solving Courts Committee within the staff member’s first year of employment with the problem-solving court.
(1) A coordinator or case manager employed by a problem-solving court prior to July 1, 2011, is not required to attend the staff orientation training under this section.
(2) A coordinator or case manager who fails to attend the staff orientation program within the first year of employment is prohibited from performing his or her job functions as defined in section 3 of these rules except as authorized by the Indiana Office of Court Services pursuant to this subsection.
(A) The Indiana Office of Court Services shall send written notice to the supervising judge and the problem-solving court judge of a coordinator’s or case manager’s failure to attend and complete staff orientation as required by this subsection.
(B) The Indiana Office of Court Services shall notify the supervising judge and the problem-solving court judge in writing of the Indiana Office of Court Services’ decision to impose a suspension on a coordinator’s or case manager’s ability to perform his/her job functions as defined by these rules.
(C) The Indiana Office of Court Services’ decision becomes final on the 30th day following the date of the written notification to the supervising judge unless the supervising judge submits specific written objections to the Indiana Office of Court Services before the expiration of the 30-day period.
(D) If the Indiana Office of Court Services and the supervising judge are unable to resolve all points of contention, the supervising judge may request a hearing in accordance with section 8(b) of these rules.
(h) The coordinator and each case manager shall complete 12 hours annually with six of those hours in evidence-based practices as approved by the problem-solving court judge.
(1) The coordinator shall maintain documentation of the continuing education hours earned by staff as required under this subsection in the staff member’s personnel file.
(2) The coordinator shall submit a report of earned continuing education hours for each staff member as required by this subsection on an annual basis to the Indiana Office of Court Services in conjunction with the problem-solving court’s annual report required under section 17(d).
(3) A coordinator or case manager who fails to earn the required continuing education hours under this subsection is prohibited from performing his or her job functions as defined in section 3 of these rules except as authorized by the Indiana Office of Court Services.
(A) The Indiana Office of Court Services shall send written notice to the supervising judge and the problem-solving court judge of a coordinator’s or case manager’s failure to attain the annual continuing education hours required by this subsection.
(B) The Indiana Office of Court Services shall notify the supervising judge and problem-solving court judge in writing of the Indiana Office of Court Services’ decision to impose a suspension on a coordinator’s or case manager’s ability to perform his/her job functions.
(C) The Indiana Office of Court Services’ decision becomes final on the 30th day following the date of the written notification to the supervising judge unless the supervising judge submits specific written objections to the Indiana Office of Court Services before the expiration of the 30-day period.
(D) If the Indiana Office of Court Services and the supervising judge are unable to resolve all points of contention, the supervising judge may request a hearing in accordance with section 8(b) of these rules.
Commentary on Section 12(b).
A judge who presides over multiple problem-solving court models or a new problem-solving court model is encouraged to seek additional training. A supervising judge is strongly encouraged to attend new problem solving court judge orientation within the first year of supervising a problem-solving court.