Okla. Stat. tit. 10A, § 10A-2-2-506: Juvenile drug court investigation – Report -

Eligibility.

A. When directed by the court, the treatment staff for the

juvenile drug court program shall make an investigation of the

juvenile under consideration to determine whether the juvenile is a

person who:

1. Would benefit from the juvenile drug court program; and

2. Committed a delinquent act wherein the underlying act or

cause of the underlying act involved alcohol or substance abuse.

B. 1. The juvenile drug court investigation shall be conducted

through a standardized screening test, personal interview, and home

study. A more comprehensive assessment may take place at the time

the juvenile enters the treatment portion of the program and may

take place at any time after placement in the juvenile drug court

program.

2. The investigation shall determine the original treatment

plan which the juvenile will be required to follow if admitted to

the program. Any subsequent assessments or evaluations by the

treatment provider, if the juvenile is admitted to the program, may

be used to determine modifications needed to the original treatment

plan.

3. The investigation shall include, but not be limited to, the

following information:

a. the age and physical condition of the juvenile,

b. employment,

c. educational background and literacy level,

d. community and family relations,

e. prior and current drug and alcohol use,

f. behavioral health and medical treatment history,

g. demonstrable motivation of the juvenile and family of

the juvenile,

h. the willingness of the person responsible for the

health or welfare of the juvenile, as defined in

Section 2-1-103 of this title, to actively support the

participation of the juvenile in the program, and

i. other mitigating or aggravating factors.

4. A written treatment plan, which is subject to modification

at any time during the program, shall include, but is not limited

to:

a. describing the strong linkage between participating

agencies,

b. access by all participating parties of a case to

information on the progress of the juvenile,

c. vigilant supervision and monitoring procedures,

d. random substance abuse testing,

e. provisions for noncompliance, modification of the

treatment plan and revocation proceedings,

f. availability of residential treatment facilities and

outpatient services,

g. reparation to the victim, community and state, and

h. methods for measuring application of disciplinary

sanctions, including provisions for:

(1) increased supervision,

(2) urinalysis testing,

(3) intensive treatment,

(4) short-term confinement not to exceed five (5)

days,

(5) reinstating the juvenile into the program after a

disciplinary action for a violation of the

treatment plan, and

(6) revocation from the program.

C. 1. When a juvenile is determined to be appropriate for

admittance to the program, regardless of whether the juvenile is in

the custody of the Office of Juvenile Affairs, the treatment staff

shall make a recommendation for the treatment program or programs

that are available in the jurisdiction and which would benefit the

juvenile and accept the juvenile.

2. Prior to the next scheduled hearing, the investigation

findings and recommendations for program placement shall be reported

to the court, the district attorney, the juvenile and the person

responsible for the health or welfare of the juvenile, as defined in

Section 2-1-103 of this title, and the attorney of the juvenile.

D. The hearing to determine final eligibility shall be set not

less than three (3) judicial days nor more than seven (7) judicial

days from the date of the initial hearing for consideration, unless

extended by the court.

E. 1. Any statement made by the juvenile to any supervising

staff during the course of any drug court investigation or

subsequent to the admission of the juvenile to the juvenile drug

court program, as well as any report of findings and

less than three (3) judicial days nor more than seven (7) judicial

days from the date of the initial hearing for consideration, unless

extended by the court.

E. 1. Any statement made by the juvenile to any supervising

staff during the course of any drug court investigation or

subsequent to the admission of the juvenile to the juvenile drug

court program, as well as any report of findings and

recommendations, shall not be admissible in any case pending against

the juvenile, nor shall such be grounds for the revocation of a

juvenile from the program.

2. The restrictions provided in this section shall not preclude

the admissibility of statements or evidence obtained by the state

from independent sources.