Indiana Problem-Solving Courts Rules

Section 14. Policy and Procedure

Effective April 7, 2021

(a) A problem-solving court shall develop and observe a policy and procedure manual that contains written policies and procedures for conducting day-to-day problem-solving court activities.

(1) The coordinator is responsible for the daily operation and administration of the problem-solving court, including maintaining the policy and procedure manual.

(2) The policy and procedure manual shall:

(A) Contain a statement of goals and objectives that clearly guides the operation of the problem-solving court and the delivery of services.

(B) Incorporate the principles of a problem-solving court and the ten key components of drug courts, as applicable, into its policies and procedures.

(C) Be updated as needed, but at least annually.

(D) Be available to the problem-solving court team and staff.

(E) Reflect all current practices.

(3) The problem-solving court’s written policies and procedures shall include each of the following:

(A) Full documentation of the problem-solving court’s operational and administrative structure.

(B) A description of all team member roles and responsibilities.

(C) A description of the problem-solving court participant eligibility criteria, including eligible offenses, exclusion criteria, diagnostic criteria and risk and needs levels.

(D) A policy and practice of nondiscrimination in providing problem-solving court services, including the unbiased, non-prejudicial, and non-harassment provision of services based upon race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation, and shall not permit court staff, court officials, or others subject to the judge's direction and control to do so (See CJC Rule 2.3(B)).

(E) Regular court hearings to conduct case compliance monitoring.

(F) Judicial interaction with participants during case compliance hearings.

(G) A description of the problem-solving court’s incorporation and implementation of the principles of effective interventions and evidence-based practices in its practices and programming.

(H) A description of the range of services and supervision provided to participants based on assessed risk and need in compliance with the principles of effective interventions and evidence-based practices.

(I) A detailed description of participant medication use policy and procedure, including prescription medication, over-the-counter medication, and medication assisted treatment.

(J) A description of the court’s field visitation and search practices, including the authorization required for a field visit, when a field visit is conducted (random, for cause, etc.), authority to conduct searches and search parameters, if applicable.

(K) Other information as required by these rules.

(b) Participants may not, at any time, be compelled to waive or be prohibited from exercising the right to counsel.

(c) If a problem-solving court refers a participant to a provider, including an individual, for substance abuse or mental health treatment services not provided by the problem-solving court, the problem-solving court or referring agency shall verify that the provider is an addictions or mental health treatment services provider currently certified by the Division of Mental Health and Addiction, or currently certified, licensed or accredited by an equivalent certifying agency and maintain a copy of the provider’s current certification or license.

(d) The problem-solving court or referring agency shall have a written referral agreement with a substance abuse or mental health treatment services provider if the problem-solving court has referred or plans to refer ten or more participants to the provider for treatment in any calendar year. The written referral agreement shall include procedures for the following:

(1) Initiation and acceptance of referrals;

(2) Exchange of participant-related information; and,

(3) Post-referral reporting by the treatment services provider that enables the problem- solving court to perform its monitoring responsibilities.

(e) A problem-solving court may contract with a person, firm, corporation, association, or governmental entity, to provide one or more services for the problem-solving court except participant legal eligibility determination and participant discharge. A contractor must possess and demonstrate the capability to provide contractual services for the problem-solving court in the manner intended to meet all requirements in IC 33-23-16 and these rules that apply to the services the contractor provides.