Section 21. Orientation
Effective April 7, 2021
(a) A problem-solving court shall develop and observe a written policy and procedure for conducting orientation with each participant, and when appropriate, the participant’s family.
(1) The policy and procedure for orientation shall include an explanation of each of the following:
(A) Specific eligibility requirements for problem-solving court participation, including the fact that a person does not have a right to participate in problem-solving court.
(B) The services offered by the problem-solving court either directly, by contract or by referral.
(C) The requirements for successful completion of problem-solving court, including a description of the scheduling and attendance requirements for court dates, chemical testing, day reporting, appointments with case managers and treatment providers, self-help and other group meetings, and other regularly scheduled requirements for phase advancement and graduation.
(D) Conduct and behavior that could result in incentives, sanctions, therapeutic adjustments, or termination from problem-solving court.
(E) The range of incentives and sanctions for compliance and non-compliance with problem-solving court requirements.
(F) The circumstances under which a therapeutic adjustment, as determined by the problem-solving court team in consultation with a treatment provider, may be imposed.
(G) Information about the treatment providers used by the problem-solving court, including name, address, telephone number, and services provided.
(H) Information regarding the cost to participants for problem-solving court services, day reporting, home detention and work release, chemical testing, treatment services and any other programs and services and the procedure and schedule for paying these fees.
(I) Information about the problem-solving court’s policy and procedures for scheduling and conducting chemical tests.
(J) Information summarizing the federal confidentiality law and to whom suspected violations may be reported, as applicable.
(2) Orientation may be conducted during an individual or a group appointment.
(b) A problem-solving court shall create and use a form to advise each participant in writing of the information described in subsection (a) of this section. The form must contain a signature line or a signature page for the participant to indicate that the participant has been provided a copy of the form, understands the information provided, and agrees to comply with all participation requirements. The problem-solving court shall maintain the form or the signature page with the participant’s original signature in the participant’s case management file.