§ 6-1207. Requirements for establishment.

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§ 6-1207. Requirements for establishment.

   (A) In order to establish a problem-solving court program, approval must first be granted by the Nebraska Supreme Court pursuant to §§ 6-1201 and 6-1202.

   (B) Problem-solving courts shall adhere to the 10 Key Components as identified and approved by the National Association of Drug Court Professionals in January 1997, and utilize evidence-based practices as identified by applicable social science research and literature.

   (C) Problem-solving courts shall submit to the Administrative Office of the Courts, in writing for approval by the Nebraska Supreme Court, the following:

   (1) A general program description;

   (2) A description of the target population it intends to serve;

   (3) Program goals and how they will be measured;

   (4) An established eligibility criteria for participation in the problem-solving court which includes a standardized, validated risk instrument as approved by the Administrative Office of the Courts;

   (5) The process or procedure by which an individual gains acceptance to participate in the problem-solving court;

   (6) Drug/alcohol testing protocol;

   (7) A protocol for adhering to appropriate and legal confidentiality requirements and a plan to provide all team members with an orientation regarding the confidentiality requirements of 42 U.S.C. § 290dd-2 and 42 C.F.R. part 2, if applicable;

   (8) The terms and conditions of participation in the problem-solving court, including, but not limited to, treatment, drug testing requirements, phase requirements, graduation/completion requirements, graduated sanctions and rewards, and any applicable program service fees;

   (9) The process or procedure by which a participant's progress in the problem-solving court is monitored;

   (10) Developed policies and procedures governing its general administration, including those relating to organization, personnel and finance.

   (D) Any changes in the material submitted pursuant to § 6-1207(C) shall be submitted to the Administrative Office of the Courts in a timely manner for approval by the Nebraska Supreme Court.

   (E) Screening and treatment for substance use shall adhere to Neb. Ct. R., Ch. 6, Art. 13, Substance Use Services adopted by the Nebraska Supreme Court.

   (F) The Court may from time to time modify the requirements set forth in § 6-1207(A) through (E).

   (G) The Court shall reserve the right to allow exemptions to any of the requirements set forth in § 6-1207(A) through (E). Any request for an exemption shall be made to the Court in writing. Exemptions shall also be terminated at the discretion of the Court.

§ 6-1207(B) amended June 24, 2015; § 6-1207 amended September 21, 2016.