Okla. Stat. tit. 10A, § 10A-1-4-715: Family drug court judge - Powers

A. The family drug court judge shall make all judicial

decisions concerning any case assigned to the family drug court

docket or program. The judge shall require progress reports and a

periodic review of each family during their period of participation

in the family drug court program or for purposes of collecting costs

and fees after completion of the treatment portion of the program.

Reports from the treatment providers and the supervising staff shall

be presented to the drug court judge as specified by the treatment

plan or as ordered by the court.

B. The judge may establish a regular schedule for progress

hearings for any family in the family drug court program. The

district attorney, the Department of Human Services, the child or

children and family, including any adult who resides in the home

with the child or children, the attorney for the child or children

and family, including any adult who resides in the home with the

child or children, and the treatment provider shall be required to

attend regular progress hearings, and shall be required to be

present upon the motion of any party to a family drug court case.

C. The treatment provider, the supervising staff, the district

attorney, the Department of Human Services, and the attorney for the

child or children and family shall be allowed access to all

information in the family drug court case file of the child or

children and all information presented to the judge during any

family drug court hearing.

D. 1. The family drug court judge shall recognize relapses and

restarts in the program which are considered to be part of the

rehabilitation and recovery process.

2. The family drug court judge shall order progressively

increasing sanctions or provide incentives, rather than removing the

family from the program when relapse occurs, except when the conduct

of the child or children or family requires removal from the

program.

3. Any removal from the family drug court program shall require

notice to the child or children and family and other participating

parties in the case and a hearing.

4. At any family drug court hearing, if the child or children

or an adult responsible for the health and welfare of the child or

children is found to have violated the conditions of the treatment

plan and disciplinary sanctions have been insufficient to gain

compliance, the child or children and family shall be removed from

the program, and the child or children shall be returned to the

regular deprived court docket and set for redisposition or

permanency hearing.

E. Upon application of any participating party to a family drug

court case, the judge may modify a family drug court treatment plan

at any hearing when it is determined that the treatment is not

beneficial to the child or children. The primary objective of the

judge in monitoring the progress of the child or children, the

family and the family drug court treatment plan shall be to keep the

child or children and family in treatment for a sufficient time to

change behaviors and attitudes. Modification of the treatment plan

requires a consultation with the treatment provider, supervising

staff, district attorney, the Department of Human Services, the

attorney for the child or children and the attorney for the family

in open court.

F. The family drug court judge shall be authorized to modify

the family drug court treatment plan of any person responsible for

the health and welfare of the child or children and any adult

residing with the child or children for noncompliance with any

condition established by the court. The family drug court judge is

also authorized to sanction the person responsible for the health

and welfare of the child or children or any adult residing with the

child or children for noncompliance of such person with any

condition established in the court.