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SECOND JUDICIAL DISTRICT COURT WASHOE COUNTY, NEVADA

FAMILY DRUG COURT INFORMATION AND GUIDELINES PACKET
Judge Charles M. McGee Family Court Reno, Nevada

7/01

Table of Contents
Introduction ………………………………………………………………………… 3 Family Drug Court..…………………………………………………………..……. 4 Family Drug Court Team ………………………………………………………... 6 Traditional Court vs Family Drug Court…………………………………….. 7 Family Drug Court Mission Statement/Eligibility………………………… 8 Washoe County Department of Social Services' Role in Family Drug Court…………………………………………….. 10 Family Drug Court Criteria……………………………………………………… 12 Progressive Discipline…………………………………………………………….. 15 Confidentiality Issues in Family Drug Court………………………………. 17 General Requirements to Waive Confidentiality…………………………. 18 Consent for Disclosure……………………………………………………………. 21 Family Drug Court Agreements and Waiver Abuse and Neglect Case……………………………………………….. 22 Criminal………………………………………………………………………. 27 Forms Order for Contempt………………………………………………………..
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29 Order Appointing Volunteer Foster Grandparents……………….. 30 Third Party Waiver and Participation Agreement…………………. 32 Application for Appointment of Counsel…………………………….. 34 Order for Appointment of Counsel……………………………………… 35 Order of Acceptance………………………………………………………… 36 Notes/Questions………………………………………………………………………. 38

Introduction to the Reno, Nevada Family Drug Court Reno, Nevada and its environs have a population of 400,000. The Family Drug Court has been in existence since September of 1994. Each participant attends court bi-monthly for a minimum of one year. Currently, the program has approximately fifty (50) active participants. The Family Drug Court primarily deals with polysubstance abuse issues (with methamphetamine and alcohol as the most frequent substance of choice) and works with a high percentage of dual-diagnosis/co-occurring disorders (primarily mental health related). The program is a family-based program and is primarily open to parents whose children have been placed into the child welfare system by the Washoe County Department of Social Services due to child abuse and/or neglect related to substance abuse. The Family Drug Court focuses on ensuring clean and sober parenting with goal of family reunification. The Drug Court Judge usually acts as the presiding Judge for all of the other child welfare and criminal cases associated with the child protective services (“CPS”) intervention and any other related civil and criminal cases heard by the Second Judicial District Court. The Reno Family Drug Court currently has two separate tracks. The "Choices" track is an outpatient only track, where all participants attend the Choices Unlimited substance abuse treatment program and have an active child welfare case. The "Step 2/North Star/Parallel Program” track is both an inpatient and outpatient track. The participants attend either the Step 2 treatment program (which includes an inpatient component that can house both mothers and children) or the North Star and Parallel Program outpatient treatment program and have some form of a current Family Court case before the court. Each participant, in addition to attending their
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substance abuse treatment program and child welfare case plan appointments, also appear before the Judge for Family Drug Court review hearings ever other week. Funding for participants may be available by a contract with the Washoe County Department of Social Services, who "sponsors" select participants in order to facilitate family reunification in child welfare cases. Funding for all other participants is either by self-pay (sliding scale) or by grants, donations and foundations.

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RENO FAMILY DRUG COURT General lnformation Mailing Address: Reno Family Drug Court Department 2 Family Court P.O. Box 30083 Reno, Nevada 89520-3083 One South Sierra Street, Third Floor Reno, Nevada 89501 Phone: Fax: District/County Population base: 775.325.6769 775.328.3565 Second Judicial District Court of the State of Nevada County of Washoe 400,000

Physical Address:

Drug Court Team Members Judge: Prosecutors: Defense: The Honorable Charles M. McGee Jeffrey Martin, Deputy District Attorney Bonnie Brand, Deputy Attorney General Cynthia Lu, Deputy Public Defender

Treatment Providers: Choices Unlimited Step 2/Lighthouse of the Sierra North Star Treatment and Recovery Center Family Counseling Services of Northern Nevada CPS Agencies: Washoe County Department of Social Services State of Nevada, Division of Child and Family Services Contacts general phone numbers: Sheila Leslie, Specialist Court Coordinator 775.325.6769 Drug Court Information Date of Drug Court Opening: September 1994
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Mentor Court Status: Length of Program: Total Participants: Number of Graduates: Number Pending: Number of Children: Primary Drug of Choice: Eligibility Criteria: Sanctions Provided: Participants Attend Court:

March 1998 to present 15-18 months 251 as of 5/01 148 as of 5/01 50 370 as of 5/01 Methamphetamine and alcohol Child Abuse and Neglect Cases with substance abuse Graduated: community services, jail for civil contempt Biweekly

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Family Drug Court Team The Family Drug Court is founded with the collaboration of the Court, Social Services and Substance Abuse Treatment providers. The synergy of bringing together representatives from the three disciplines creates the foundation of our Drug Court Team. Enhancing that foundation are other agencies and programs that also share the vision of facilitating clean and sober parenting and value collaborating with others to achieve that goal. In many ways, the Drug Court Team is a multidisciplinary meeting where open communication is desired in order to best ensures sober parenting and child safety. The Judge serves as the team leader and primary decision-maker, however the input of each and every team member is actively sought and considered. Court • Judge - District Judge Charles M. McGee • Clerk - Nancy Tribble Social Services • Supervisor - Maggie Downs (Washoe County Department of Social Services) • Washoe County Case Workers – (Carol Hughes, Carol Kayner, Dena Negron, and Valerie Santos, Kelli Stein) • Nevada Division of Child and Family Services Case Worker - Chris Brown Substance Abuse Treatment Providers • Choices Unlimited - Denise Tjeltvit • Step 2/Lighthouse of the Sierra - Charlene Sloan • North Star - Karen MacLellan • Family Counseling Services of Northern Nevada – Marcy Reddicks Other • Nevada Division of Parole and Probation - Officer John Riggs • Washoe County District Attorney's Office - Deputy District Attorney Jeff Martin • Nevada Attorney General's Office - Deputy Attorney General Bonnie Brand • Washoe County Public Defender's Office - Deputy Public Defender Cynthia Lu • Court Services Coordinator - Terry Gilmartin • Foster Grandparent Program - Court Appointed Mentors • Integrated Services Case Manager - Neal Bullis
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Traditional Court Characteristics Versus Family Drug Court Characteristics

TRADITIONAL COURT
Court team consists of Judge, Social Worker, Prosecutor, Defense Counsel, etc.

FAMILY DRUG COURT
Family Drug Court team consists of Judge, Social Services, Substance Abuse Treatment Provider, Prosecutor, Defense Counsel and others

Adversarial Setting

Non-Adversarial Setting

Goal: Process Case, Apply the Law

Goal: Restore Defendant as a productive, non-criminal member of society

Judge exercises limited role in supervision of Defendant

Judge plays central role in monitoring Defendant’s progress in substance abuse treatment

Interventions for substance abuse may be court-ordered but up to Defendant to seek own treatment Relapses may lead to increased sentence

Formalized and structured treatment interventions monitored by the Drug Court Judge with frequent court appearances Graduated sanctions used to response to relapses, which incorporate relapse prevention education Plea of Guilty, waive traditional process to Court-monitored program and graduation (8x more cost effective)

Costly and lengthy steps to incarceration

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FAMILY DRUG COURT MISSION STATEMENT AND ELIGIBILITY Mission Statement The Family Drug Court through a collaborative effort seeks to ensure a child has a safe and nurturing environment by focusing on healthy and sober parenting and permanency planning through family reunification. Eligibility Families who are under the jurisdiction of the Second Judicial District Court and whose children are placed at risk by their parents’ involvement with substance abuse are eligible for participation in the Family Drug Court. These families may be identified by the criminal activity of one or both parents or by the removal of the children from the home due to child abuse or neglect. These families are normally referred to the Family Drug Court by Child Protective Services (“CPS”) or Substance Abuse Treatment Providers. Non-CPS related cases may be referred for participation in the Family Drug Court, but require the approval of the Drug Court Team before being accepted. E.g. guardianship cases. The Family Drug Court is a voluntary program. Therefore, families may elect not to participate or to discontinue participation, at which time their cases revert to existing traditional court programs and procedures. Those nominated for participation in Family Drug Court may be initially accepted into the Drug Court on a probationary basis and given the opportunity to display their commitment to developing a responsible, drug free lifestyle. Should the participants fail to exhibit this commitment, their cases revert to the existing traditional court system. Upon acceptance into the Family Drug Court, families enter into a minimum yearlong program of intensive intervention with the goal of reunifying them as a healthy, stable family unit. Some participants may continue to participate in an aftercare program after graduation that may extend the yearlong commitment for an additional three to six months. A comprehensive psychosocial assessment is completed on each family to identify the family’s needs and assist the family to better understand how the Family Drug Court can help them achieve clean and sober parenting. Services available in Drug Court include substance abuse treatment, coping and life skills development, parenting education, anger management, and mental health. Community resources are accessed to support the participant and the family. Family Drug Court participation is monitored at biweekly court review hearings, where the participants report on progress, participation, obstacles
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encountered and changes to their reunification plans. Success is reinforced and noncompliance is given consequences. Emphasis is given to encouragement and accountability. The strength of the Family Drug Court is the collaborative team approach paired with a strengths-based, positive expectation that the participant can indeed become a successful clean and sober parent. Each step in the right direction is celebrated, each challenge to progress addressed, and each willful misconduct is given consequences. Upon successful completion of the Family Drug Court program, participants who have fulfilled the court requirements, complied with their substance abuse treatment program, and complied with their CPS case plan graduate. Depending on the individual participant and the family’s issues, graduation may include legal reunification with their child/ren, dismissal of any criminal charges, and honorable discharge from probation. The goal of the Family Drug Court is not just successfully addressing and overcoming substance abuse issues, but also to attempt to ingrain in the participant, the goal of a stable family environment free of an insidious life of substance abuse.

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WASHOE COUNTY DEPARTMENT OF SOCIAL SERVICES’ ROLE IN FAMILY DRUG COURT Washoe County Department of Social Services provides intense family reunification, maintenance, and supervision services to the participants in the Washoe County Family Drug Court. Washoe County Department of Social Services, Children’s Services Division, provides the emergency response to allegations of child neglect, child abuse, child sexual abuse, and emotional abuse. The investigative worker determines whether substance abuse, including alcohol, has impaired the parents’ ability to adequately provide safe care and protection for their children. Once substance abuse has been assessed and acknowledged by the parent(s), the parent(s) are offered entrance to Family Drug Court. The program lasts for a minimum of one year, but can be extended if necessary. In return for the parent(s)’s commitment to the program, the Washoe County Department of Social Services fully funds the parent(s)’ substance abuse treatment program in Choices Unlimited and provides supportive funding to Step 2 and NASAC for additional services to the parent(s). Treatment in the Choices Unlimited program includes drug testing three times per week and group and/or individual therapy two to three times per week for both men and women. The Step 2 program is a long-term residential program for women and, at times, their children. NASAC offers outpatient treatment for both men and women. Both Step 2 and NASAC perform random drug testing at a minimum of twice a week. Participants have access to on-site individual and group treatment, parent education and couples counseling. They also have access to off-site utilization of vocational training, job search, and drug testing. Other funding resources for treatment may include BADA and/or sliding scale fees. The investigative social worker monitors the Family Drug Court case through the adjudication and dispositional hearing. After the adjudication hearing, where the parent(s) must submit or admit to the petition as a condition of enrolling in Family Drug Court, the case transfers to an ongoing social worker specifically assigned to the Family Drug Court program. The social workers follow federal requirements for reasonable efforts to eliminate the risks to the children. Reasonable efforts include: frequent announced and unannounced home visits; case management duties; information and referrals to the therapeutic and basic needs services; payment sources; court reporting; monitoring the family’s utilization of
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services; ensuring the children’s needs are met; attending all sessions of Family Drug Court and provide written and verbal updates to the court; and coordinating all services to the family. Due to several child deaths where illegal drug abuse was present, the Washoe County Commissioners funded the initial participants to this program. From this small beginning, the number grew to 24 families in 1997 funded by the support of Washoe County Commissioners. Currently, 24 families continue to be funded for enrollment in the program. Law enforcement agencies, CPS, Adult Parole and Probation, and other Courts have made it clear to parents, “You can either be a drug addict or you can be a parent, but you can’t be both.”

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FAMILY DRUG COURT CRITERIA PHASE 1 The following criteria will be used by the Judge and Drug Court Team to determine if an individual is appropriate for referral to the Family Drug Court Program. 1. Candidate must be involved in a Child Protective Services (CPS) case or ongoing child protective custody case. Any exceptions will be at the discretion of the court. Candidate must want treatment or be motivated. Candidate must submit or admit to one of the allegations of the Petition for custody, which will be sustained by the court for jurisdictional purposes. Candidate must be willing to abstain from both drugs and alcohol during the program. Candidate must follow the rules and procedures of the treatment program. Candidate must not be involved in any methadone treatment. Candidate must sign the Family Drug Court waiver and agreement form and abide by the conditions set therein. Any significant other of the candidate must participate in the program.

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4. 5. 6. 7. 8.

PHASE 2 If the individual meets the above criteria, Washoe County Department of Social Services (WCDSS) will refer the candidate to meet with a substance abuse counselor for a substance abuse assessment (SASSI). PHASE 3 Upon receipt of the substance abuse assessment (SASSI), the CPS caseworker or social worker staffs the case with the WCDSS supervisor to determine if the candidate is eligible for Family Drug Court.

PHASE 3A The candidate will attend the Family Drug Court orientation to obtain information and instruction on the drug court process.

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PHASE 4 If one of the Family Drug Court treatment providers is identified as an appropriate treatment program, then a referral is made to the treatment program. 1. 2. CPS is the family case manager during the time period the child is in protective custody. The drug treatment program will be the individual case manager during the time the parent is in treatment and provides reports to the Court, CPS, Prosecutor, and Defense Counsel.

PHASE 5 Introduction to Family Drug Court 1. The CPS worker shall notify the court clerk in writing of any candidate who will be attending a Family Drug Court calendar to observe only, so that the staff is aware of who is in the courtroom for confidentiality purposes. If Family Drug Court is appropriate for the candidate, then the CPS worker shall notify the court clerk in writing of the candidate to be introduced to the court and by whom, with the SASSI evaluation attached. The CPS worker shall also provide the SASSI evaluation to the particular treatment provider. The candidate will ordinarily be asked to observe one full drug court calendar before voluntarily committing to the program.

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PHASE 6 The target date for completing the program and graduating will be one year from the date of acceptance. 1. 2. The participant shall comply with the rigors of each treatment program. The participant shall remain free of illegal drugs and alcohol. The participant shall abstain from abusing any prescription medicine. All prescription medicine shall be immediately brought to the attention of the treatment provider prior to use, unless it is a pre-existing condition. The participant shall attend Family Drug Court every other Wednesday. The participant shall be given the list of Progressive Discipline.
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3. 4.

PHASE 7 After one year of treatment and upon recommendation of the CPS worker and treatment program, the participant may graduate from Family Drug Court. Graduation is contingent upon a ninety-day (90) period of perfect participation at the end of the Family Drug Court program. Graduation may include aftercare for a period to be determined by the Court.

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FAMILY DRUG COURT PROGRESSIVE DISCIPLINE The following guidelines are consequences the court may utilize for noncompliance of the program. The court retains the discretion to increase or decrease the severity of the consequences after reviewing the totality of the circumstances of each case. POSITIVE TESTS 1. At the start of the calendar, all participants with positive drug tests may be instructed to sit in the jury box. 2. First time offenders may receive 48 hours in jail. If the participant is working, then the participant may serve the time during his/her days off. Second time offenders may receive one week of jail to be served immediately. Third time offenders, who are within their first 90 days of treatment, may receive two weeks in jail to be served immediately. Upon retirement of the sentence, the participant must enter an inpatient program on the first available bed date or have his/her treatment program intensified. Third time offenders, who are past their first 90 days of treatment, may be terminated from the program or have their program extended and/or intensified at their own expense. Each of the positive tests will be distinctive tests and not decreasing levels from the same use. Unexcused missed drug tests shall be considered positive tests. Diluted tests shall be considered positive tests. If a positive test is disputed, the participant may request a retest through an independent lab (APL). The cost of the retest is the participant’s responsibility and the participant must present the money for the retest to the treatment program no later than 5 p.m. Friday of the week of the positive test. If the retest comes back positive, then the participant receives double the jail time. If a participant challenges a positive test and while the test is sent out for re-testing, there is a subsequent positive test during this time period, the participant may be held in contempt of 25 days of jail per offense, i.e. each positive test. Any manipulation of a urine test may result in immediate removal from the program and/or two weeks in jail for contempt of court.

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UNEXCUSED ABSENCES FROM TREATMENT PROGRAM
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1. 2.

At the start of the calendar, all participants with unexcused absences from the program may be instructed to sit in the jury box. Offender shall receive any of the following consequences: a. b. Community Service Sheriff’s work program

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Continued unexcused absences may result in jail time or termination from the program.

FAILURE TO OBTAIN EMPLOYMENT If the participant is required to obtain employment as part of the recovery program and fails to do so in a timely manner, the participant may be ordered to attend Day Reporting through Court Services until employment is obtained. FAILURE TO APPEAR FOR FAMILY DRUG COURT 1. Any unexcused absences results in the court issuing a bench warrant requiring an appearance before the court and a $5,000.00 cash only bond. 2. Failure to appear may also result in termination from the program.

OPTIONS AVAILABLE Alcohol testing through the treatment program. Increase in intensity of treatment program or inpatient treatment ordered if the participant is currently in outpatient treatment.

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CONFIDENTIALITY ISSUES IN FAMILY DRUG COURT BACKGROUND INFORMATION Confidentiality is a critical issue in Family Drug Court on a number of fronts. Federal requirements, as well as, state requirements need to be taken into account when dealing with the confidentiality requirements in both areas of substance abuse treatment and child protective services cases. Under Federal law, any information regarding substance abuse treatment is protected by the provisions of 42 United States Code (USC) Section 290dd-2 and implemented pursuant to regulations at 42 Code of Federal Regulations (CFR), Part 2. The intent of the legislation is to encourage individuals to pursue rehabilitation without fear of their substance abuse becoming public knowledge. Therefore, Congress provided for a heightened protection of the identity of individuals in rehabilitation and the content and nature of their treatment. The Federal laws and regulations define a “treatment program” as an individual or entity that provides diagnosis of chemical dependency and referral to treatment as well as providing the actual rehabilitative services. Clearly, drug court programs fall under this definition for purposes of the application of Federal confidentiality regulations if they are regulated or assisted by the Federal government either directly or indirectly. Therefore, all team members of any drug court, including the treatment provider employees, case managers, Judges, prosecuting and defense attorneys, probation department staff, child protective services staff and any other individuals, share in the ethical responsibility for protecting the confidentiality rights of clients in the drug court. Even with the high standards of confidentiality, the drug court team members can still obtain the level of information needed to assess the clients’ compliance with the drug court program. However, there may be instances in which compliance with confidentiality provisions may require limiting the extent of information disclosed and the forum where it is presented. Violations of the Federal confidentiality laws and regulations can be prosecuted in Federal court and are subject to fines up to $500.00 for the first offense and up to $5,000.00 for each subsequent offense. (42 CFR §2.4). Depending on the provisions of State regulations, violators may also be subject to loss of State license to provide substance abuse treatment. State law may not authorize or compel disclosure of information prohibited by Federal law. However, where State law prohibits disclosure of
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information that would be permissible under Federal law, the stricter standard applies. (42 CFR §2.20).

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GENERAL REQUIREMENTS TO WAIVE CONFIDENTIALITY Treatment programs for substance abuse may release information or records concerning any person who has been assessed, diagnosed or treated only with the specific written consent of the client or under certain very limited exceptions. Toxicology results are also subject to confidentiality laws when the drug court meets the Federal definition of “program”. Without a written consent from the individual, the treatment program cannot even acknowledge that the individual is in participating in the program. Exceptions to this general prohibition against disclosure of confidential client information include the following: • • • • • • • • • • Written consent of the client Internal treatment program communications Information that does not identify the client Medical emergency A properly authorized court order Information relating to a crime performed on the program premises or against program personnel Suspicion of child abuse or neglect Qualified service organization agreements Research and audit Veterans’ Administration or Armed Forces records

CLIENT CONSENT FORMS Individuals must give informed written consent for disclosure of confidential information. The following elements are required on client consent forms: • • Name of the person who, or organization that, may make the disclosure Name/title (e.g. Presiding Judge) of the person to whom, or the organization (e.g. Office of the Prosecutor) to which, disclosure may be made
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• • • • • •

Treatment participant’s name Purpose of the disclosure How much and what kind of information may be disclosed Treatment participant’s signature Date on which the consent is signed Statement that the consent is subject to revocation

The duration of the consent may be based exclusively on the passage of “a specified amount of time or the occurrence of a specified, ascertainable event.” For example, the graduation date or completion of aftercare could be “a specified, ascertainable event”. Most participants may revoke their consent for disclosure at will at any time. Individuals who have been mandated to receive treatment by a court as a condition of the disposition of a criminal proceeding, however, such as through probation, parole, sentencing, an agreement for dismissal of charges, or an order for release from imprisonment, may not revoke their consent (42 CFR §2.35). However, treatment information cannot be used to initiate or substantiate any criminal charges against a patient or to conduct any investigation of a patient. The event that triggers termination of consent in criminal proceedings should be the final disposition of the case. This includes the discontinuation of all court and/or probation supervision of an individual who has either successfully completed the drug court program or the sentencing of a defendant for violation of the court-imposed conditions. Prospective drug court participants need to be informed of their right to confidentiality at the initial screening or assessment and asked to sign a written consent that will permit disclosure to and exchanges of information between the judge, prosecutor, defense counsel, the probation department, child protective services agency, or other relevant party, and the treatment provider that will be providing direct services. Drug court policy should specify that failure to sign the consent form is grounds for excluding the prospective participant from the drug court program, since drug court operations require all team members to be able to follow the participant’s treatment compliance and progress. It is also important to note that in exchange for this consent, the participants can be assured that information cannot be used to expose them to other criminal jeopardy except to the extent of sanctions for non-compliance with drug court policies. Federal regulations require that the scope of the disclosures be limited to information necessary to carry out the purposes of the disclosure.
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Language in consent forms can narrow disclosure to “reports of the participant’s eligibility and/or acceptability for substance abuse treatment services,” and “reports of treatment attendance, compliance and progress in accordance with drug court monitoring criteria which is necessary for and pertinent to hearings or reports concerning the participant’s charges, indictment, termination of parental rights, etc.” Consent forms should never permit a treatment provider to turn over the entire file to anyone. The consent forms should include any written reports or oral testimony. OTHER DISCLOSURE ISSUES In cases where an individual has been mandated to treatment through a criminal case, the agents who have access to confidential information regarding the individual’s treatment may use or re-disclose that information only to carry out their official duties “with regard to the individual’s conditional release or other action in connection with which the consent was given” (42 CFR §2.35(d)). This information may not be used in other proceedings, either civil or criminal, against the drug court participant or with regard to another person. Therefore, if the drug court participant is a defendant in another case or a witness in a case, the prosecutor from drug court may not disclose the person’s treatment to a prosecutor assigned to the other case. It is suggested that Family Drug Court records be kept separate from the official court file via an administrative file and be labeled as confidential. These administrative files should be stored in locked cabinets when not in use and should not be left in plain view when a work area is unattended. There should be written procedures controlling access to, and use of, such records. Regulations vary from State to State on how long records need to be maintained. Once the mandated time for maintaining files has passed, the files should be destroyed (shredded) rather than just thrown out. Any faxes and letters which contain any documentary treatment information should be accompanied by a Notice of Prohibition Against Redisclosure. It is also suggested that if a drug court utilizes a computerized information system, the system must be set up to ensure that access to any confidential information is limited to those who are entitled to it, and available only until the date or circumstance that triggers revocation or termination of consent. The system should use access codes to gain entry to the confidential information. The Federal regulations do not address computerized information as they were drafted before computerized records-keeping became popular.
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An Agreement and Waiver or a Memorandum of Understanding may also be drafted to reflect the confidentiality rules and procedures of drug court for the client and the team members so that each person understands how each component of the drug court team will access, use and share information.

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CONSENT FOR DISCLOSURE OF CONFIDENTIAL SUBSTANCE ABUSE
TREATMENT INFORMATION: FAMILY DRUG COURT REFFERAL I, ______________________, hereby consent to communication between Choices Unlimited, Step II, or NASAC and Judge Charles M. McGee, the Deputy District Attorney representing Washoe County Department of Social Services, the Deputy Attorney General representing the Division of Child and Family Services, my Deputy Public Defender or my defense counsel _____________________, the Department of Parole and Probation for the State of Nevada, Washoe County Department of Social Services, the State of Nevada Division of Child and Family Services, Integrated Services, Court staff, CASA and the Foster Grandparent Program. The purpose and need for this disclosure is to inform the court and the other above-named parties of my eligibility and/or acceptability for substance abuse treatment services and my treatment attendance, prognosis, compliance, toxicology results, and progress in accordance with the Family Drug Court monitoring criteria. Disclosure of this confidential information may be made only as necessary for and pertinent to hearings and/or reports concerning: Case No. Case Name Charge _____________________________________________________________________________ _______________________________________________________________ I understand that this consent will remain in effect and cannot be revoked by me until there has been a formal and effective termination of my involvement with the Family Drug Court for the case(s) named above, such as the discontinuation of all court (and/or, where relevant, probation) supervision upon my successful completion of the drug court requirements or upon sentencing for violating the terms of my drug court involvement (and/or, where relevant, probation.) I understand that any disclosure made is bound by Part 2 of Title 42 of the Code of Federal Regulations, which governs the confidentiality of substance abuse client records, and that recipients of this information may re-disclose it only in connection with their official duties. Date___________________ Signature of Client_____________________________________

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FAMILY DRUG COURT AGREEMENT AND WAIVER

In support of admission to the Washoe County Family Drug Court Program, the below named Participant agrees to the terms, conditions and waivers listed below upon being accepted by the Court for participation in this program. Participant:_______________________________________________ Address:__________________________________________________ __________________________________________________________ Telephone:_________________________Date of Birth:______________

CUSTODY PETITION – PROCEEDINGS AND WAIVER 1. I understand that I have the right to hire an attorney to represent me at every stage of my child protective services case. I understand that if the Washoe County Department of Social Services (Department) files a formal Petition for Custody, and if I am indigent, I can file a motion for appointment of a Public Defender to represent me at the petition hearing and all further court hearings. I understand that if I do not file the motion, the Court will proceed with the hearing, and I shall represent myself. I understand that even if I do not file the motion for appointment of counsel at the petition hearing, I can still file a motion for appointment of counsel at a later stage in the proceedings. I understand and agree that my participation in the Family Drug Court is voluntary. I understand that I have a right to disagree with any of the terms and conditions contained in this agreement. However, I understand that my acceptance into the Family Drug Court is conditioned on my acceptance of all terms and conditions of this agreement.
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2.

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After the emergency protective custody hearing, if a formal Petition for Custody of my child/children/ward(s) is filed by the Department in the District Court, and the Court and the Department determine that I meet the eligibility for Family Drug Court, I hereby agree to give up my right to an Evidentiary Hearing on the Petition and proceed on the allegations contained in the Petition for Custody. I further agree to either submit or admit to the allegations in the Petition for Custody with the understanding that the Court will enter the findings of neglect and/or abuse and that my child/children/ward(s) is/are in need of protection within the definitions contained in Nevada Revised Statute Chapter 432B. Under the Nevada Revised Statutes Chapter 432B, a child is in need of protection if: (a) He has been abandoned by a person responsible for his welfare; He is suffering from congenital drug addiction or the fetal alcohol system because of the faults or habits of a person responsible for his welfare; He has been subjected to neglect or abuse by a person responsible for his welfare; He is in the care of a person responsible for his welfare and another child has died as a result of the abuse or neglect by that person; or He has been placed for care or adoption in violation of law.

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(b)

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A child may be in need of protection if the person responsible for his welfare: (a) Is unable to discharge his responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity;
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(b)

Fails, although he is financially able to do so or has been offered financial or other means to do so, to provide for the following needs of the child: (1) (2) (3) Food, clothing or shelter necessary for the child’s health or safety; Education as required by law; or Adequate medical care; or

(c) Has been responsible for the abuse or neglect of a child who has resided with that person. 5. I understand that at every review hearing, I have the right to cross-examine witnesses produced by the Department or Division of Child and Family Services (DCFS). I further understand that I have the right to contest the evidence submitted by the Department and/or treatment providers and present evidence of my own.

TREATMENT PROGRAM 1. I agree to satisfactorily complete a diagnostic evaluation for my drug treatment program through the Department or any other provider acceptable to the Court. I understand that the Washoe County Family Drug Court Program involves the participation of myself, the Court, and the Family Drug Court Team. I further understand that the Family Drug Court Team consists of: Court staff; the Washoe County Department of Social Services; the State of Nevada Division of Child and Family Services; Choices Unlimited; Step II; NASAC; the Department of Parole and Probation; District Attorney’s Office; Attorney General’s Office; Public Defender’s Office; private defense counsel if applicable; CASA; Integrated Services; and the Foster Grandparent Program. I hereby authorize the release of all information, either in written reports or verbal testimony, regarding my treatment, child protective services case, criminal case
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2.

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and probation to all member of the Family Drug Court Team for the limited purposes of determining my progress in meeting the Family Drug Court monitoring criteria for treatment and reunification for the term of my participation in the program. I authorize the Court and the Family Drug Court team to staff my case prior to my court appearances. My authorization to release treatment information including urinalysis test results is accompanied with the understanding that such information shall not be utilized by the District Attorney for any prosecution of criminal charges against me. I further understand and agree, however, that such information may be considered by the Court in determining whether I should remain in the program. I further understand that any Family Drug Court Team member may re-disclose my treatment information pursuant to Federal regulations only in connection with their official duties. 4. I also hereby authorize the release of any information regarding my child protective services case pertaining to any school records, medical records, counseling records, psychological and psychiatric records to the Family Drug Court Team for the limited purposes of determining my progress in meeting the Family Drug Court monitoring criteria for reunification for the term of my participation in the program. I understand and agree that I may revoke my consent for disclosure of confidential treatment information at anytime. However, I further understand that such revocation would not allow my further participation in the Family Drug Court Program. I understand that if I am in Family Drug Court as a court-mandated treatment program as a condition of the disposition of a criminal case, I am not allowed to revoke my consent for disclosure of my treatment information to the Court. I further understand that I will be hearing confidential treatment and child protective services information regarding other participants during the drug court hearings and that this information is not to be re-disclosed or discussed with any other individuals outside of the Family Drug Court Team or participants. I understand that releasing confidential child welfare case information is a misdemeanor offense pursuant to NRS 432B.280. I further
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5.

6.

understand that re-disclosing confidential treatment information is subject to Federal law penalties such as fines up to $500.00 for the first offense and up to $5,000.00 for each subsequent offense. 7. I agree to complete the treatment program to the satisfaction of the Court, including faithful attendance at all counseling sessions and other Court-ordered treatment programs. I understand and agree that the treatment program is projected to be completed within a twelve (12) month period. However, I further understand and agree that the Court may extend the treatment program for such an additional period as the Court deems necessary, including a period of time for aftercare. I understand and agree that any failure on my part of the treatment program as ordered by the Court, including but not limited to, positive urinalysis test results, missed urinalysis tests, diluted tests, missing treatment appointments, or failing to appear in Court, may result in a Contempt for Failure to Comply Hearing before the Court, which could result in a term of incarceration, house arrest, community service, a fine not to exceed $5,000.00, day reporting, modification of my treatment program, removal from the program or any other such sanctions as may be deemed appropriate at the discretion of the Family Drug Court Judge. I agree to keep the Department or DCFS, the Court and the treatment provider advised of my current address at all times during this treatment program.

8.

9.

10.

I have read the above statement of the rights that I will waive and the conditions upon which I will abide and to which I am entitled if I am accepted into the Washoe County Family Drug Court Treatment Program. I understand what I have read and do hereby knowingly and voluntarily give up these rights and enter into said agreement with the Court in support of my admission to the Washoe County Family Drug Court Treatment Program.
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_____That I have had the opportunity to consult on my participation in the Washoe County Family Drug Court Treatment Program with legal counsel of my choice. _____That I have declined the opportunity to consult on my participation in the Washoe County Family Drug Court Treatment Program with legal counsel of my choice. Executed at Reno, Nevada, this _____ day of ____________________, 200 _______________________________ PARTICIPANT

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DRUG COURT AGREEMENT AND WAIVER In support of admission to the Washoe County Family Drug Court Program, the below named Participant agrees to the terms, conditions and waivers listed below upon being accepted by the Court for participation in this program. Participant:_______________________________________________ Address:__________________________________________________ __________________________________________________________ Telephone:_________________________Date of Birth:______________ A. CRIMINAL CHARGES – PROCEEDINGS AND WAIVER 1. If I have a criminal charge in addition to the child welfare case, I understand that after my initial arrest, if a formal criminal complaint is filed against me in Justice Court and the charge falls within the eligibility criteria for the Washoe County Drug Court Program, I hereby agree to give up my right to a Preliminary Hearing on said charge(s) and proceed upon the District Attorney’s Information to be filed in District Court. I also agree to enter a plea of guilty to the charge contained in this Information on the condition that I am accepted into the Drug Court Program. I further understand that the prosecution of the said charge(s) will be held in abeyance by the Court pending successful completion of my treatment program. I further understand that if I fail to complete the treatment program, for whatever reason, my case will proceed to sentencing on the felony charge to which I pled guilty. I understand and agree that if the State determines that it cannot proceed with a criminal prosecution that I will be so notified and I that I will then have the option of either continuing in the Drug Court Program on a voluntary basis or withdrawing from the program.
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2.

3.

4.

I understand and agree that the Court has the discretion to terminate me from the Drug Court Program if I am arrested and formally charged with a new crime while I am participating in the Drug Court Program, or if I fail to participate to the Court’s satisfaction.

B.

CRIMINAL CHARGES – DISMISSAL 1. I further understand that if I successfully complete the Washoe County Family Drug Court Treatment Program as ordered by the Court, that the Court will dismiss the criminal charge pending against me in District Court. I further understand that upon the dismissal of that criminal charge by the Court that the District Attorney may not prosecute said charge in the future and that I will be in a position to file a Motion to have the record of my initial arrest sealed by the Court pursuant to the provisions of Chapter 179 of the Nevada Revised Statutes.

2.

I have read the above statement of the rights that I will waive and the conditions upon which I will abide and to which I am entitled if I am accepted into the Washoe County Family Drug Court Treatment Program. I understand what I have read and do hereby knowingly give up these rights and enter into said agreement with the Court in support of my admission to the Washoe County Family Drug Court Treatment Program. That I have had the opportunity to discuss the execution of this Agreement with legal counsel. Executed at Reno, Nevada, this _____ day of __________________, 200 ___________________________ PETITIONER ___________________________ ATTORNEY FOR PETITIONER

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CODE 3140

IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE

IN THE MATTER OF: CASE NO. Minor Child. / ORDER FOR CONTEMPT For failure to comply with the terms and conditions of the Family Drug Court, ____________________ parent of the above named minor child/ren, is hereby ordered to spend days in the Washoe County Jail. There is to be no credit for good DEPT. NO. 2

time served. Upon completion of the sentence he/she is to be released and report directly to _____________________ Treatment Facility. Dated this day of , 200

_____________________ DISTRICT JUDGE

CODE: 2717
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IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE

In the Matter of: Case No. Dept. No. 2 Minor Child/ren. ________________________________/ ORDER APPOINTING VOLUNTEER FOSTER GRANDPARENTS The Court hereby appoints ______________________________and ________________________ of the Foster Grandparents Program as volunteer Court Appointed Mentor for the minor child/ren in the above captioned case. The Foster Grandparents shall serve as community volunteers affiliated with the Family Drug Court under the supervision of the Foster Grandparents Program. They shall act as mentors and role models for the parents and children in this case and serve as volunteer family advocates. The Foster Grandparents assigned to this case shall maintain the confidentiality of any information regarding child abuse and neglect, substance abuse treatment and/or matters discussed in regard to this case. As community volunteers affiliated with the Family Drug Court, the Foster Grandparents are encouraged to attend any Drug Court hearing regarding this case and present any relevant material to the court in either written or verbal form. The Foster Grandparents shall have access to the
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child/ren of the Drug Court clients at any residential, educational facility, or day care facility. IT IS SO ORDERED. Dated this Day of 200

_________________________ DISTRICT JUDGE

CODE: 4285
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IN THE FAMILY DRUG COURT OF THE SECOND JUDICIAL DISTRICT COURT IN AND FOR THE COUNTY OF WASHOE, STATE OF NEVADA

IN THE MATTER OF: CASE NO. DEPT. NO. 2

Minor child/ren. / THIRD PARTY WAIVER AND PARTICIPATION AGREEMENT The undersigned hereby represents and agrees as follows: I understand that _____________________ who is my _______________ is being considered for admission into the Family Drug Court Program. I currently reside in the home with ___________________, and the following children ________________________________________________, or I am desirous of doing so, or I am desirous against doing so. Pursuant to NRS 62.043 and/or NRS 432B.130, I agree to be bound by the rules and procedures of the Family Drug Court and do hereby voluntarily agree to submit to random drug tests, at my own expense as ordered by the Court. I further agree to abide by any other lawful orders or directives of the Court.

I agree to remain clean and sober.
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I agree to pay for all random testing. I understand that if I violate any orders, including the order to remain clean and sober, I will be subject to a finding of contempt of Court, wherein jail time, community service or any other appropriate sanction may be imposed by the Court. I agree that if the basis of the alleged contempt is a positive drug test, hereby waive notice and hearing except that I may offer evidence that the test itself was not properly conducted or recorded. IN WITNESS WHEREOF, I hereby set my hand this ____ day of ___________, 200

_________________________ THIRD PARTY PARTICIPANT

______________________________ Deputy Clerk

CODE: 1215

IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT 37

OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE

IN THE MATTER OF: CASE NO. DEPT NO. 2 Minor child/ren. / APPLICATION FOR APPOINTMENT OF COUNSEL I, , do hereby request that the Court

appoint counsel to represent me in the above-entitled matter. My relation to the child or children who are the subject of this action is as follows: . I am financially unable to obtain my own attorney as set forth in the financial declaration attached to this motion. Dated this day of , 200 .

Subscribed and Sworn to before me this Day of , 200 _______________________________________

_________________________________

CODE: 2715

IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE

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IN THE MATTER OF: CASE NO. Minor child/ren. / ORDER FOR APPOINTMENT OF COUNSEL Upon review of the Application for Appointment of Counsel and Financial Declaration and Good Cause appearing; IT IS HEREBY ORDERED THAT the Application for Appointment of Counsel is GRANTED and THE WASHOE COUNTY PUBLIC DEFENDER=S OFFICE is appointed to represent ______________________________________________________________________. DEPT. NO. 2

Dated this

day of

2001.

DISTRICT JUDGE

CODE: 3370

IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE

In the Matter of: Case No. Dept. No. 2 Minor child(ren).
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___________________________/ ORDER OF ACCEPTANCE INTO THE FAMILY DRUG COURT AND CONSENT is HEREBY NOTIFIED of acceptance as a participant in the Family Drug Court program. All further proceedings in case number(s) shall be heard by Judge McGee or his designee. The terms and conditions of acceptance are as follows: You are HEREBY ORDERED to appear for review hearings every other Wednesday at the regularly appointed time, unless otherwise excused by the Court; to refrain from possessing, using or consuming illegal substances, alcohol, or prescription drugs without a prescription, to submit to three (3) drug screens per week administered through Choices Unlimited, Step 2, NASAC, or the Department of Parole and Probation, and to cooperate fully with the County and/or State Welfare Agency, the Department of Parole and Probation, Choices Unlimited, Step 2, and any other treatment provider. Failure to comply will result in a finding of contempt by this Court wherein jail time, community service, dismissal from the Family Drug Court Program or any other appropriate sanction may be imposed. DATED this day of ,200 .

__________________________ DISTRICT JUDGE

The undersigned accepts the conditions and acknowledges the consequences. ___________________________ PARTICIPANT

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NOTES/QUESTIONS

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