Indiana Problem-Solving Courts Rules

Section 28. Discharge Procedures

Effective April 7, 2021

(a) The problem-solving court shall develop and observe written policy and procedure for processing the discharge, successful completion or termination, of all participants under the problem-solving court’s jurisdiction pursuant to IC 33-23-16-13(3). Written notice shall be provided to the referring court or agency after the participant has successfully complied with the participant’s participation agreement and case plan or been terminated from the problem-solving court.

(b) Termination proceedings shall include the following participant rights:

(1) written notice of the alleged violation(s);

(2) a hearing in open court before the problem-solving court judge or another judicial officer;

(3) representation by counsel;

(4) disclosure of the evidence against the participant;

(5) an opportunity to be heard and present evidence;

(6) confrontation and cross-examination of witnesses; and

(7) a determination that the participant violated one or more conditions of the participant’s participation agreement or case plan by a preponderance of the evidence.