Section 3. Definition of Terms
Effective April 7, 2021
The following terms, when used in these rules, shall have the meaning as defined below unless the context clearly indicates a different meaning:
"Case management" means goal-oriented case plan activities that facilitate, coordinate, or monitor the full range of basic human needs, treatment, and service resources and delivery for individual problem-solving court participants in accordance with the policies and procedures of the problem-solving court or other services provider.
"Case management file" means all records regarding a participant contained in the file maintained by the case manager, including printed and electronic information regardless of the source of the information.
"Case manager" means a problem-solving court team member responsible for the case management of problem-solving court participants and case management files, which may include administering a risk and needs assessment, substance abuse and mental health screening, referral to treatment and ancillary services; monitoring participant compliance with the participation agreement, case plan and other applicable agreements; and providing participant progress and compliance information to the problem-solving court team.
"Case plan" means a plan that documents case management activities that the participant must complete as a condition of problem-solving court participation. These activities shall be based upon the results of risk and needs assessment, if required, in conjunction with any other assessments, the problem-solving court participation agreement and other court orders.
"Certification review" means the process of reviewing a court’s compliance with the state and federal statutes, regulations and rules for certified problem-solving courts, to include the application for certification, review of applicable documentation, site visit, and follow-up activities.
"Chemical test" means an analysis of an individual’s blood, breath, hair, sweat, saliva, urine, or other bodily substances to determine the presence of alcohol, drugs, or controlled substances as defined in IC 35-48-1-9.
"Coordinator" means the problem-solving court team member responsible for the administration, management, and coordination of problem-solving court services and operations, including overseeing problem-solving court staff activities, ensuring the court’s compliance with the problem-solving court statutes and rules, developing problem-solving court policies and procedures, managing service provider contracts and team member memoranda of understanding, managing program grants, facilitating team meetings, and serving as a liaison to local service providers and community groups.
"Documentation" means a written record acceptable as evidence to demonstrate compliance with these rules.
"Eligible individual" means an individual who meets the eligibility criteria as defined in IC 33-23-16-13.
"Eligibility screening" means a procedure for determining a potential participant's legal eligibility for admission to problem-solving court pursuant to IC 33-23-16-13.
“Evidence-based practices” means the use of research and science to enhance decision making in the criminal justice system resulting in the use of effective interventions to produce the most favorable results.
"Incentive" means intangible or tangible rewards as a means of increasing desirable behaviors.
"Indiana Risk Assessment System" (IRAS) means the risk assessment system as adopted by the Judicial Conference of Indiana comprised of several instruments to be used at specific points in the criminal justice process to identify a participant’s risk to reoffend and criminogenic needs and assist with developing an individualized case plan.
"Indiana Youth Assessment System" (IYAS) means the risk assessment system as adopted by the Judicial Conference of Indiana comprised of several instruments to be used at specific points in the juvenile justice process to identify a juvenile participant’s risk to reoffend and criminogenic needs and assist with developing an individualized case plan.
"Judicial involvement" means regular and frequent interaction between the problem- solving court judge and participants during case compliance hearings.
"Orientation" means the administrative process in compliance with the requirements of section 21 of these rules.
"Outcome evaluation" means an evaluation of program results or outcomes, as measured by collected data, which determines if the program achieved its stated goals.
"Participant" means any person who meets the eligibility criteria under IC 33-23-16-13, has signed a problem-solving court participant agreement and has been admitted to the problem- solving court by the problem-solving court judge.
"Participation agreement" means the legal document signed by a participant and filed with the problem-solving court evidencing the participant’s agreement to follow the conditions of problem-solving court participation as required by section 19 of these rules.
"Policy" means a statement of the principles that guide and govern the activities, procedures and operations of a problem-solving court.
"Problem-solving court" means a court as defined in IC 33-23-16-8 that is operating under a problem-solving court certificate issued by the Indiana Office of Court Services pursuant to IC 33-23-16, including (as defined in IC 33-23-16):
(a) Community courts;
(b) Domestic violence courts;
(c) Drug courts;
(d) Family dependency drug courts;
(e) Mental health courts;
(f) Reentry courts;
(g) Veterans’ courts; and
(h) Any other courts certified as a problem-solving court by the Indiana Office of Court Services.
"Problem-solving court judge" means the judicial officer who presides over a problem- solving court and an individual authorized to perform judicial services within the courts of Indiana, including but not limited to, a judge, magistrate, commissioner and referee. If the problem-solving court is a city court, the person serving as problem-solving court judge is required to be an attorney under IC 33-35-5-7.
"Problem-solving court services" means a broad range of services provided under a case plan, including screening, assessment, education, referral, service coordination and case management, rehabilitative services, supervision, judicial involvement, and program evaluation that may be extended to a problem-solving court participant and that influence the behavior of the participant toward identified goals and objectives. The services and the manner in which they are provided are guided by IC 33-23-16.
"Problem-solving courts committee" means the Judicial Conference of Indiana committee established to integrate problem-solving principles into the administration of justice in order to improve court processes and outcomes while preserving the rule of law.
"Procedure" means a series of activities designed to implement problem-solving court goals or policy.
"Process evaluation" means a procedure to document and analyze the development and implementation of a program, to assess whether strategies were implemented as planned and to determine whether expected outputs were produced.
″Random chemical testing″ means the odds of being tested are not impacted by human influences and are the same on any given day of the week, including weekends and holidays.
"Referring agency" means an entity which maintains supervisory responsibility over any participant referred to a treatment or service provider as a condition of successful completion of a problem-solving court.
″Responsivity factors″ means individual variables that influence or interfere with a participant’s response to rehabilitation efforts.
"Risk and needs assessment" means the procedure used to determine the participant’s criminogenic risk and needs using appropriately empirically validated instruments, including the Indiana Risk Assessment System or the Indiana Youth Assessment System, for the purpose of determining eligibility and developing a case plan.
"Sanction" means a punitive response to reduce undesirable behaviors and increase desirable behaviors.
"Supervising judge" means the judge who has ultimate responsibility for a problem- solving court. The supervising judge may or may not be the problem-solving court judge.
"Supervision" means a method of monitoring a participant’s compliance with the participation agreement and case plan.
"Suspension" means the imposition of limitations on or a full cessation of problem- solving court activities and operations, or a staff member’s ability to perform his/her job functions as determined by the Indiana Office of Court Services.
"Therapeutic Adjustment" means alterations to participant’s treatment requirements that are intended to address unmet clinical or social service needs and are not intended as an incentive or sanction.
"Treatment plan" means a plan that addresses substance abuse or addiction and/or mental health issues by:
(a) identifying the individual participant’s strengths and needs through assessment,
(b) defining goals and objectives based on identified need, and
(c) establishing the services to be provided to assist with achieving the stated goals and objectives.
"Volunteer" means a person who, without direct financial remuneration, provides ongoing services to a problem-solving court.