RULE 37:
SPECIALIZED DOCKETS
37.1 Family Recovery Court
A. THE FRANKLIN COUNTY FAMILY RECOVERY COURT
Established in 2002, The Franklin County Family Recovery Court is a specialized docket developed in accordance with Appendix I, Specialized Docket Standards of the Ohio Supreme Court’s Rules of Superintendence, and designed to offer a therapeutically oriented judicial approach to providing court supervision and appropriate treatment to substance dependent parents of children who have been adjudicated to be abused, neglected or dependent by the Juvenile Court. The Franklin County Family Recovery Court strives to help each parent become a fully functioning adult by focusing on sobriety, mental health stability, obtaining a stable living environment, obtaining a legal source of income or continued education, completion of the Case Plan objectives and, if appropriate, reunification.
B. REFERRAL PROCESS AND ELIGIBILITY
Any person may refer a parent to the Franklin County Family Recovery Court by contacting the Program Director. The Franklin County Family Recovery Court has developed the following eligibility requirements for participation in the program:
(1) Clinical Criteria
(a) Substance dependent.
(b) If mental health issues exist, it is believed that those conditions can be effectively controlled by treatment and/or medication.
(c) Clients who are actively suicidal, homicidal or delusional will not be admitted until those conditions have been assessed by a certified mental health professional as being adequately controlled by medication and/or mental health treatment.
(d) Clients whose developmental disabilities or mental health issues are so significant that the individual may not be able to parent despite achieving sobriety will not be admitted.
(2) Legal Criteria
(a) Abuse, Neglect, Dependency Complaint filed in Juvenile Court with underlying parental substance abuse which has contributed to an inability to effectively and adequately parent.
(b) Case must be adjudicated prior to starting Family Recovery Court.
(c) Treatment is required in the Case Plan.
(d) Franklin County resident.
(e) No alleged or substantiated charges of sexual abuse perpetrated by the potential participant.
(f) No registered sex offenders.
(g) Individuals with Drug Trafficking convictions on their criminal record will be considered on a case by case basis.
The fact that a parent may meet the clinical and legal eligibility requirements does not create a right to participate in the Franklin County Family Recovery Court. The Judge or Magistrate shall have the discretion to decide admission into the program. The Franklin County Family Recovery Court is a voluntary program and no parent can be ordered to enter the program.
C. CASE ASSIGNMENT
The Franklin County Family Recovery Court follows the parallel model. While in Recovery Court, the parent will appear on a regular basis for status review hearings before the Recovery Court Magistrate or Judge. The underlying Abuse, Neglect, Dependency case will remain assigned to the original Judge and Magistrate assigned to the case. All subsequent hearings on the underlying Abuse, Neglect, Dependency case, such as the Annual Review or Permanent Court Commitment, will be heard by the original Judge or Magistrate assigned to the case.
D. ASSESSMENT AND CASE MANAGEMENT
The Program Director will conduct an initial screening, provide the parent with a participant handbook, and review the program design and expectations with the potential participant. If the parent appears to meet the legal and clinical eligibility requirements of the Franklin County Family Recovery Court and continues to express an interest in participating in the program, a drug and alcohol assessment and, if applicable, a mental health assessment with an appropriately licensed treatment provider will be scheduled. If the parent is accepted into the program, a participation agreement with the parent and the parent’s attorney will be completed. Treatment services will be promptly made available to the participant based upon the participant’s individualized needs as evidenced by the assessments. As described more fully in the Franklin County Family Recovery Court Program Description, each participant’s substance use shall be closely monitored by random, frequent and observed alcohol and other drug testing protocols that meet the requirements set forth in Appendix I Standard 8 of the Rules of Superintendence. Each participant’s performance and progress shall be closely monitored by regularly conducted status team meetings and ongoing judicial interaction which shall occur no less frequently than twice monthly while in the initial phases of the program. As the participant promotes phases, judicial interaction shall become less frequent.
E. TERMINATION FROM THE FRANKLIN COUNTY FAMILY RECOVERY COURT
Should a parent be terminated from the Franklin County Family Recovery Court either due to an inability to participate (Neutral Termination) or noncompliance with the rules and requirements of the program (Unsuccessful Termination), notice of the termination from the Franklin County Family Recovery Court shall be placed in the court file. That notice shall delineate the type of termination.
F. USE OF INFORMATION FROM FAMILY RECOVERY COURT
(1) Pursuant to Evidence Rule 408, statements made in Family Recovery Court hearings shall be treated as evidence of conduct or statements made in compromise negotiations and are not admissible to prove the underlying cause of action.
(2) Pursuant to Evidence Rule 410, statements made in Family Recovery Court hearings will be treated as participation in plea discussions and will not be admissible to prove the underlying cause of action.
(3) This Rule does not limit the admissibility of evidence provable by independent, extrinsic evidence.
Effective July 1, 2018
37.2 Juvenile Recovery Court
A. THE FRANKLIN COUNTY JUVENILE RECOVERY COURT
The Franklin County Juvenile Recovery Court, established in 2016, is a Specialized Docket developed in accordance with Appendix I, Specialized Docket Standards of the Ohio Supreme Court Rules of Superintendence, and designed to offer a therapeutically oriented judicial approach to providing Court supervision and appropriate treatment to substance dependent youth ages fourteen (14) through seventeen and a half (17.5) years of age, who have been adjudicated delinquent by the Juvenile Court and are residents of Franklin County. The capacity for the Juvenile Recovery Court should be approximately one hundred and seventy (170) youth annually. In collaboration with the Juvenile Court and several treatment providers, the goal is to reduce substance abuse and recidivism by providing judicially supervised treatment, case management, drug testing, community supervision, and use of incentives and sanctions. The Franklin County Juvenile Recovery Court strives to help each youth to improve in daily functioning as they are expected to attend school, probation meetings, counseling sessions, court hearings, as well as follow the rules of home, obtain employment if age appropriate, and remain drug free.
B. REFERRAL PROCESS AND ELIGIBILITY
Any person may refer a youth to the Franklin County Juvenile Recovery Court by contacting the Program Director. The Franklin County Juvenile Recovery Court has developed the following eligibility criteria for participation in the program:
(1) Clinical Criteria:
(a) The youth must be diagnosed as “substance dependent” pursuant to a drug and alcohol assessment administered by an appropriately licensed treatment provider.
(b) The youth must have completed a drug and alcohol assessment which reports that the youth has a drug abuse issue or alcohol addiction, and that the youth would benefit from ongoing drug and alcohol treatment
(c) If there is also a mental health issue that exists, there is a belief that the youth’s conditions can be effectively controlled by medication or treatment.
(d) Youth who are actively suicidal, homicidal, or delusional will not be admitted into the program until those conditions have been assessed by a certified health mental professional as being adequately controlled by medication and/or mental health treatment.
(2) Legal Criteria. To be considered a candidate for Franklin County Juvenile Recovery Court, youth must meet the minimum criteria as determined by the Federal Government and the State of Ohio:
(a) The youth must be a resident of Franklin County.
(b) The youth must not have any adjudications for offenses that cannot be expunged.
(c) The youth must be substance abuse dependent, have a positive urinalysis, or admit using alcohol or illegal substances.
(d) The youth must not have any serious mental health diagnoses, fire starting behavior, or a history of cruelty to animals.
(e) The youth must have a legal custodian willing to participate in Franklin County Juvenile Recovery Court.
(3) If a youth is determined to be an appropriate candidate for the program, the youth and family are given a court date to appear in Franklin County Juvenile Recovery Court for official acceptance. The Court shall have the discretion to admit or deny any youth into the program. The program description, youth handbook, and youth agreement are given to the youth and family during the acceptance hearing.
C. CASE ASSIGNMENT
The Franklin County Juvenile Recovery Court is a voluntary program. If accepted into the Franklin County Juvenile Recovery Court the case is transferred to Franklin County Juvenile Recovery Court Magistrate and Judge. Upon acceptance into the Franklin County Juvenile Recovery Court program the youth and custodian will appear on a regular basis before the Franklin County Juvenile Recovery Court Magistrate or Judge. If the youth is unsuccessfully terminated from the program, the case is reassigned to the previously assigned Magistrate and Judge.
D. ASSESSMENT AND CASE MANAGEMENT
If the youth is deemed an appropriate candidate for the program at the initial screening, and the family agrees to participate in the Franklin County Juvenile Recovery Court program, the youth, custodian, and counsel for the youth will be provided a handbook and asked to sign a participation agreement. As described more fully in the Franklin County Juvenile Recovery Court Program Description, each youth’s substance abuse use shall be closely monitored by random, frequent, and observed alcohol and other drug testing protocols that meet the requirements set forth in Appendix I, Standard 8 of the Supreme Court of Ohio Rules of Superintendence. Each youth’s performance and progress shall also be closely monitored by regularly conducted status team meetings and ongoing judicial interaction which shall occur no less frequently than twice monthly
while in the initial phases of the program. As the youth completes each phase, judicial interaction shall become less frequent.
Upon successful completion of the Franklin County Juvenile Recovery Court, youth receive special recognition, the opportunity to have their record sealed and expunged early, and a graduation certificate signed by the Franklin County Juvenile Recovery Court Judge or Magistrate.
E. TERMINATION FROM JUVENILE RECOVERY COURT
The termination criteria from Franklin County Juvenile Recovery Court are as follows:
(1) Successful Completion
If the youth successfully completes the program by fully participating, being compliant with all required rules of the program and attending all court dates, the youth will receive a Successful Completion from the Franklin County Juvenile Recovery Court and notice will be filed in the court case.
(2) Neutral Termination
If the youth has a serious mental health condition or has an inability to participate due to illness, extended incarceration, or death, the youth will receive a Neutral Termination from the Franklin County Juvenile Recovery Court and notice will be filed in the court case.
(3) Unsuccessful Termination
(a) If the youth is charged with an arson offense, is charged with a sexually related offense, is non-compliant with the rules and requirements of the program, fails to appear for court dates, or is no longer a resident of Franklin County, the youth will be Unsuccessfully Terminated from the Franklin County Juvenile Recovery Court and a notice will be filed in the Court file.
(b) The youth may also be unsuccessfully terminated from the program if the youth is adjudicated delinquent with a violent felony offense. The Franklin County Juvenile Recovery Court Judge and Magistrate have the discretion to maintain the youth in the program.
F. USE OF INFORMATION FROM FRANKLIN COUNTY JUVENILE RECOVERY COURT
(1) Pursuant to Evidence Rule 408, statements made in Franklin County Juvenile Recovery Court hearings shall be treated as evidence of conduct or statements made in compromise negotiations and are not admissible to prove the underlying cause of action.
(2) Pursuant to Evidence rule 410, statements made in Franklin County Juvenile Recovery Court hearings will be treated as participation in plea discussions and will not be admissible to prove the underlying cause of action.
(3) This Rule does not limit the evidence provable by independent, extrinsic evidence.
(4) This Rule does not apply to any abuse or neglect allegations that are made in Franklin County Juvenile Recovery Court hearings.
Effective July 1, 2018