Section TCT.06.08 — Records And Communications

(a) Due to the sensitive nature of topics that may be discussed during hearings, Healing to Wellness Court hearings are closed to the general public in order to facilitate open and honest discussion between a participant and the Judge as they complete their journey along the healing path.

(1) In general, a Participant may authorize family members and/or individual support system members to be present at their hearings.

(2) If any issues related to a minor child are discussed during the hearing, then the Judge will have persons present to support the Participant leave the courtroom.

(b) The Healing to Wellness Court shall not be a court of record for criminal offenses, meaning any information obtained, used or disclosed by a member of the Team while the Participant is under the jurisdiction of the Healing to Wellness Court shall not be used as evidence against the Participant in any criminal proceeding in the Tribal Court or a court in any other jurisdiction.

(1) This limitation does not prevent the disclosure of information in compliance with other applicable laws, such as mandatory reporting laws for child or elder abuse.

(2) This limitation on the use or sharing of information does not limit the use of information or evidence obtained by independent means or as part of other proceedings.

(3) This limitation does not prevent the Participant from authorizing the release of information from the Healing to Wellness Court proceeding to be used as part of a Chapter YAE.02 or similar proceeding.

(c) Healing to Wellness Court records are confidential and shall be handled and maintained securely. The record of court proceedings will be maintained separately from the coordinator's participant file.

(d) Records shall not be disclosed to any person or entity other than the Healing to Wellness Team without prior written informed consent from the Participant or except as authorized by applicable law.

(e) The confidentiality limitations under this section are not intended to limit or prevent the Healing to Wellness Court from conducting normal court operations including issuing orders and providing notices of hearings or from scheduling and holding joint appearances with the Authorizing Jurisdiction when appropriate, such as at a Participant's successful completion of the program.