Section TCT.06.04 — Referral From Authorizing Jurisdiction To The Healing to Wellness Court

(a) A case may be referred to the Healing to Wellness Court by the Tribal Court or another Authorizing Jurisdiction. Such referrals shall be made in writing.

(b) Referrals may be based on request of the prosecutor, a named party, or at the suggestion of the court.

(1) If any party objects to the referral, then the parties agree to meet with applicable members of the Team to discuss the referral.

(2) Such meeting shall be scheduled and held in a timely manner and not be used to delay the proceedings.

(3) If prosecutor or another named party continues to object, then the case will not be referred.

(d) The parties recognize that referrals to the Healing to Wellness Court often function as a deferred sentencing program. By agreeing to a referral, a person essentially enters a no contest plea to a violation. The person acknowledges the violation, that there are underlying substance abuse and/or addiction issues, and that the person wishes to work on healing those issues.

(e) Healing to Wellness Court referrals also may be made as part of the dispositional recommendations in an action under the Youth in Need of Care Ordinance (Chapter YAE.02) or in other similar proceedings.

(1) In such instances, the Healing to Wellness Court proceeding operates parallel to Chapter YAE.02 or similar proceedings. The Healing to Wellness Court proceeding does not replace or take priority over the Chapter YAE.02 proceeding.

(A) The Tribal Court judge shall preside over the Chapter YAE.02 proceeding where the focus will be on protection, services, well-being, and permanency for the children.

(B) The Healing to Wellness Court shall preside over a separate Healing to Wellness Court proceeding under this ordinance where the focus will be on the Participant's recovery.

(C) The Healing to Wellness Court may provide progress updates to the Tribal Court subject to appropriate releases of information from the Participant.

(D) Participants remain liable to satisfy any conditions ordered in the Chapter YAE.02 proceeding regardless of participation in the Healing to Wellness Court program.

(E) Substance abuse treatment and testing activities may be used to satisfy the requirements of both the Chapter YAE.02 proceeding and the Healing to Wellness Court proceeding only if the Participant has provided the appropriate authorizations to release information for each proceeding.

(2) The Healing to Wellness Court process can be used to supplement the Chapter YAE.02 proceeding and provide an additional option for achieving the healing so that youth have a healthy and safe family and home.

(f) A referral is not complete until the Healing to Wellness Court issues an order accepting or rejecting jurisdiction following completion of the admission process under TCT.06.05. A copy of the order shall be filed with the Participant, the Authorizing Jurisdiction, and any other parties to the case in the Authorizing Jurisdiction. The Healing to Wellness Court shall process referrals in a timely manner. If the Healing to Wellness Court does not provide an order to accept or reject the referral within 30 days, the referral will be considered rejected.