tribal healing to wellness courts

U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Assistance

Tribal Healing toWellness Courts

The Key Components

This document was prepared by the Tribal Law and Policy Institute, under grant number98–DC–VX–K004,awarded by the Bureau of Justice Assistance,Office of Justice Programs,U.S.Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

U.S. Department of JusticeOffice of Justice Programs

810 Seventh Street NW.Washington, DC 20531

John AshcroftAttorney General

Deborah J. DanielsAssistant Attorney General

Richard R. NedelkoffDirector, Bureau of Justice Assistance

Office of Justice ProgramsHome Page

www.ojp.usdoj.gov

Bureau of Justice AssistanceHome Page

www.ojp.usdoj.gov/BJA

The Bureau of Justice Assistance is a component of the Office of Justice Programs, which alsoincludes the Bureau of Justice Statistics, the National Institute of Justice, the Office of JuvenileJustice and Delinquency Prevention, and the Office for Victims of Crime.

NCJ 188154

Prepared by the

Tribal Law & Policy Institute8235 Santa Monica Blvd., Ste. 205

West Hollywood, Ca. 90046Tel: 323–650–5467Fax: 323–650–8149

[email protected]

Tribal Healing toWellness Courts

The Key Components

April 2003NCJ 188154

Cover photo by Kenny Blackbird.

iii

Contents

Table of Contents

Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii

Key Component #1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Tribal Healing to Wellness Courts bring together community-healingresources with the tribal justice process, using a team approach toachieve the physical and spiritual healing of the participant and thewell being of the community.

Key Component #2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Participants enter the wellness court program through various referralpoints and legal procedures while protecting their due process rights.

Key Component #3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Eligible substance abuse offenders are identified early through legaland clinical screening for eligibility and are promptly placed in theTribal Healing to Wellness Program.

Key Component #4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Tribal Healing to Wellness Programs provide access to holistic, structuredand phased, substance abuse treatment and rehabilitation services thatincorporate culture and tradition.

Key Component #5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Participants are monitored through intensive supervision that includesfrequent and random testing for alcohol and other substance use.

Key Component #6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Progressive consequences (or sanctions) and rewards (or incentives) areused to encourage participant compliance with program requirements.

Key Component #7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Ongoing judicial interaction with each participant and judicial involvementin team staffing is essential.

iii

iv

Tribal Healing to Wellness Courts

Key Component #8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Monitoring and evaluation measure the achievement of program goalsand gauge effectiveness to meet three purposes: providing information toimprove the Healing to Wellness process; overseeing participant progress;and preparing evaluative information for interested community groupsand funding sources.

Key Component #9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Continuing interdisciplinary education promotes effective wellness courtplanning, implementation, and operation.

Key Component #10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

The development of ongoing communication, coordination, and cooperation among team members, the community and relevant organizations are critical for program success.

Sources for Additional Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Tribal Advisory Committee for the Tribal Healing toWellness Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Recommended Reading List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

v

Preface

In 1996, a committee of practitioners and others involvedwith drug court program operations was established

under the leadership of the National Association of DrugCourt Professionals (NADCP). The committee wasauthorized to identify the critical elements of drug courtprograms to serve as the foundation for later drug courtprogram development. As a result of the committee’sefforts—Defining Drug Courts: The Key Components—was published by the Drug Courts Program Office (nowpart of the Bureau of Justice Assistance [BJA]) in 1997and has served as the framework for drug courtdevelopment and operational activities in state courts.This document focused primarily on the development ofadult drug court programs.

As tribal drug courts (known generally as “TribalHealing to Wellness Courts” or simply “wellnesscourts”) have developed, it became clear that therewas a need to adapt this 1997 publication of the KeyComponents for state courts to more specifically addressthe critical issues and challenges faced by Tribal Healingto Wellness Courts. Consequently, this publication—Tribal Healing to Wellness Courts: The Key Components—was designed to provide suggested “key components”and recommended practices needed for Indian Nationsand tribal justice systems to consider as they design,develop, and implement adult drug courts that meet theneeds of their individual communities.

Tribal Healing to Wellness Courts: The Key Componentswas developed by the Tribal Law and Policy Institute inclose collaboration and consultation with the TribalAdvisory Committee for the Tribal Healing to WellnessCourts and with the funding and support of the U.S.Department of Justice, Office of Justice Programs. TheTribal Advisory Committee is a diverse group of TribalHealing to Wellness court practitioners and othersinvolved with Tribal Healing to Wellness Courts (a list ofTribal Advisory Committee members is provided at the

end of this publication). The primary developers of thispublication were five members of the Tribal AdvisoryCommittee—Cindy Haro, Judge Joseph Flies-Away,Pat Sekaquaptewa, Jerry Gardner and Janna Walker.Tribal Law & Policy Institute consultant Kristen Lawprovided extensive editorial assistance.

This publication is organized around ten keycomponents, adapted for Indian Nations and tribal justicesystems, which describe the basic elements that defineTribal Healing to Wellness Courts. The purpose of eachkey component is explained, followed by severalrecommended practices that give guidance forimplementing each component.

The Tribal Advisory Committee intends for the keycomponents and recommended practices presented inthis publication to be aspirational, generally describingthe best practices, designs, and operations of wellnesscourts. The committee acknowledges, however, that localfunding and resources, political, operational, and otherissues will not permit every Native communityestablishing a Tribal Healing to Wellness Court to adoptall aspects of these guidelines. Moreover, tribal customand tradition may also guide an individual community todevelop a wellness court that does not strictly followthese guidelines.

Neither the U.S. Department of Justice nor the TribalLaw & Policy Institute intends that the recommendedpractices offered here serve as a certification orregulatory checklist for tribal grantees. Because wellnesscourts will be implemented differently in eachcommunity, the recommended practices are meant toserve as a practical, yet flexible framework fordeveloping effective wellness courts in vastly differentjurisdictions and to provide a structure for conductingresearch and evaluation for program accountability andeffectiveness.

Preface

vii

In t roduct ion

The drug court movement began in the late 1980s inresponse to the growing number of drug-related court

cases, the higher rates of recidivism for drug involveddefendants, and the resulting overcrowded jails andprisons. The standard law enforcement and correctionspolicies alone were not having the impact on drug supplyand demand that the proponents of the “War AgainstDrugs” had hoped. The drug court approach departedfrom the standard court approach for disposing of thesecases by systematically bringing drug treatment to thecriminal justice population entering the court system.While in the past, courts had referred selected offenders“out” to treatment as a condition of probation, in thedrug court, treatment is anchored in the authority of thejudge who holds the defendant or offender personallyand publicly accountable for treatment progress.

A drug court is a special court docket to which casesinvolving alcohol and other substance abusing offendersare assigned for intensive supervision and treatment.Drug court programs bring the full weight of allinterveners (judge, prosecutor, defense counsel,substance abuse treatment specialists, probation officer,law enforcement and correctional personnel, educationaland vocational experts, community leaders and others) tobear, forcing the offender to confront his or hersubstance abuse problem. The drug court conceptinvolves leveraging the coercive power of the criminaljustice system to achieve abstinence and alter criminalbehavior through the combination of intensive judicialsupervision, treatment, mandatory drug testing,incentives, escalating sanctions, case management, andstrong aftercare programs.

The design and structure of drug court programs aredeveloped at the local level, to reflect the uniquestrengths, circumstances and capacities of eachcommunity. Many sectors of the community areintegrally involved in the planning and implementationprocess of a drug court system, including: criminaljustice, substance abuse treatment, law enforcement,educational and vocational entities and community anti-drug organizations.

The drug court concept is not new to Indian Nations andtribal justice systems. In fact, it is very much in keepingwith the traditional justice process in many Nativecommunities. Major efforts to develop tribal drug courtshave been underway since 1997. According to the Officeof Justice Programs Drug Court Clearinghouse andTechnical Assistance Project, there are currently thirtyoperational Tribal Healing to Wellness Courts. Fiftyadditional Tribal Healing to Wellness Courts are in theplanning stages.1

In July 1999, the Tribal Law and Policy Institutedeveloped a publication with the funding and supportof the U.S. Department of Justice, Office of JusticePrograms entitled Healing to Wellness Courts: APreliminary Overview of Tribal Drug Courts. ThePreliminary Overview provides a description of TribalHealing to Wellness Courts and addresses critical issuesand challenges relevant to the implementation of TribalHealing to Wellness Courts. These include: the role ofthe Native community, the role of tribal custom andtradition, addressing specific alcohol and drug issues,and addressing jurisdiction and resource issues.

The National Association of Drug Court Professionals(NADCP) with the funding and support of the U.S.Department of Justice, Office of Justice Programs alsodeveloped a publication in 1999 entitled Tribal MentorCourts that describes the initial three Tribal Healing toWellness mentor courts. These tribal mentor courts are asfollows: Poarch Creek Indian Drug Court Programin Atmore, Alabama; The Blackfeet Tribal AlternativeCourt in Browning, Montana; and the Fort PeckCommunity Wellness Program in Poplar, Montana.The Hualapai Tribal Wellness Court in Peach Springs,Arizona has since been added as a fourth tribal mentorcourt.

A Tribal Healing to Wellness Court is not simply a tribalcourt that handles alcohol or other drug abuse cases. It is,rather, a component of the tribal justice system thatincorporates and adapts the wellness court concept tomeet the specific substance abuse needs of each tribal

Introduction

viii


community. It therefore provides an opportunity for eachNative community to address the devastation of alcoholor other drug abuse by establishing more structureand higher level of accountability for these cases andoffenders through a system of comprehensivesupervision, drug testing, treatment services, immediatesanctions and incentives, team-based case management,and community support.

Tribal wellness courts face a number of unique issuesand challenges not generally encountered by state drugcourt systems. Consequently, the development of tribalwellness courts has required special strategies that haveemerged during the course of program planning andimplementation. Because tribal wellness courts are

relatively new and evolving, they are continuallyadapting to meet the needs of their target populationsand their communities.

Healing to Wellness Courts, in effect, contribute to theon-going community and nation building process ofIndigenous tribal governments. As each Tribal(Indigenous) Nation can only be as strong and steadfastas its citizens and families, Healing to Wellness Courtshelp to put misguided individuals back on track, on to ahealing to wellness journey. Each tribal community andnation must define and describe the nature of thishealing journey. Its direction and pathway must beguided by each Indian Nation’s culture, tradition,common practices and vision.

Key Component 1Tribal Healing to Wellness Courts bring together community-healing resourceswith the tribal justice process, using a team approach to achieve the physicaland spiritual healing of the participant and the well being of the community.

Healing to Wellness Courts bring the collective impactof the Healing to Wellness Court team with thecombined efforts of community leaders compellingthe participant to confront his or her substance abuseproblem. Once the participant is accepted into theprogram (through plea agreement or other means), theteam’s focus is on the participant’s healing journey torecovery and law abiding behavior.

Each team member performs an essential role in aparticipant’s healing and in promoting wellness inthe community. In this cooperative—rather thanadversarial—process, the court may choose to drawfrom local traditional restorative, reparative, orpeacemaking concepts of justice to promote individualand community wellness. For example, some Healingto Wellness Courts have the assistance of communityelders or other community dispute resolution authoritiesin the judicial role, as part of a judicial panel, or as ateam member.

A typical court team may include, but is not limited to,the judge, a case manager, an alcohol and other drugtreatment provider, a human services provider, andprobation or other law enforcement officer. SomeHealing to Wellness Courts function successfullywithout regular involvement of prosecutors or defensecounsel. A key to successfully implementing a Healingto Wellness Court is developing a plan that identifieswho will perform essential tasks based on existingand/or emerging community resources and local tribalnorms and customs.

Recommended Practices

1. Planning should be carried out by a broad-basedgroup, including persons representing all aspects ofthe tribal criminal justice system, the local treatment

The overall goal of Tribal Healing to Wellness Courtsis the healing of individuals, families, and

communities by directing participants onto a healingjourney. Specifically, wellness courts aspire to reducethe abuse of alcohol and other drugs and drug relatedcriminal activity in a tribal community. Wellness courtspromote recovery through a coordinated communitybased response to an individual offender’s dependenceon alcohol and other drugs.

Tribal Healing to Wellness Courts are developed at thelocal level to reflect the unique strengths, circumstancesand capacities of each community. Many individualsand organizations are integrally involved in the planningand implementation process of a drug court system,including: criminal justice, substance abuse and mentalhealth treatment, police, social services, schools,traditional healers, elders, education and employmententities, and other community organizations. Thecombined energies of these individuals andorganizations can assist and encourage offenders toaccept help that could change their lives.

Tribal justice systems and tribal treatment providershave historically worked independently from oneanother and with different target populations. TheHealing to Wellness Court provides an opportunity forthem to come together to meet the specialized needs ofoffenders with alcohol or other drug abuse issues.

The criminal justice system has the unique ability toinfluence a person shortly after a significant triggeringevent such as arrest, and thus can convince that personto begin his or her healing journey through a structuredtreatment process. Research indicates that a personcoerced to enter treatment by the criminal justice systemis likely to do as well as one who volunteers fortreatment.2

1

2


programs, tribal leaders, elders, and other localcommunity policymakers.

2. Traditional healing and dispute resolution authoritiesshould be included in the decision making process andtraditional values should be carefully considered in thedevelopment and ongoing modification of the Healing toWellness Court.

3. The team members should work collectively todevelop and implement a holistic approach to thephysical and spiritual healing of the offender and thewell being of the community.

4. Tribal justice and healing departments and agenciesshould maintain ongoing communication, includingfrequent exchanges of timely and accurate informationabout the participant’s overall program performance. Inmany Healing to Wellness Courts, the teams havemeetings (often called case staffings) just before aparticipant’s court appearance (referred to as a statushearing or compliance hearing) to ensure that the neededinformation is available. The case manager, probationofficer, or another team member may have theresponsibility to collect information from serviceproviders working with each participant prior to thismeeting.

5. For consistency and stability in the early stages ofHealing to Wellness Court operations, it isrecommended that the core planning and implementationteam members remain with the wellness court programfor a sufficient period of time to build a sense ofteamwork and to reinforce a nonadversarial atmosphere.

6. In order to ensure mutual respect, prompt andconsistent meeting of responsibilities, and communityrecognition of the professional integrity of the court andits team members, methods of shared decision makingand conflict resolution among Healing to Wellness Courtteam members should be established such as writtenprotocols, memorandums of understanding (MOUs), andinter-agency agreements.

7. Regularly scheduled meetings should be establishedto evaluate and modify the healing to wellness processbased on past experiences.

8. Documents defining the Healing to Wellness Court’smission, goals, eligibility criteria, operating procedures,and performance measures should be collaborativelydeveloped, reviewed, and agreed upon by the planninggroup. Planning groups may choose to keep theirgoverning bodies informed by including tribal leaders onthe team or by making regular presentations to the tribalgovernment about the progress in developing thewellness court.

9. Ongoing interdisciplinary education should beprovided for every person involved in planning andimplementing the wellness court to develop a sharedunderstanding of the values, goals, and operatingprocedures of both the treatment and justice systemcomponents. This should include familiarizing teammembers with community customs and traditions foraddressing an individual’s behavior when it is not inaccordance with local standards.

3

Referrals of potential participants into the Healing toWellness Court may take place at different points in

the legal system. The referral may be made:

■ Before charges are filed in a criminal matter or forviolation of a tribal ordinance (pre-trial);

■ After charges are filed but before any plea is enteredor finding of guilt is made (pre-adjudication), or

■ After the plea or finding of guilt (post-adjudication).

If there is a pre-adjudication referral, the Healing toWellness Court may require the participant to sign astatement admitting to the facts which support thecriminal charges (often referred to as an “admission offacts”). This admission assists in a later prosecution ofthe participant if the requirements of the Healing toWellness Court are not completed. If the referral is post-adjudicatory, typically a Court will set aside, or vacate,any sentence that has been imposed and dismiss thecharges if the participant successfully completes thewellness program.

In determining the eligibility of an offender for theHealing to Wellness Court, the team balances:

■ Improving the chance of eliminating future criminalbehavior and substance abuse by fast entry into thewellness court process with;

■ The practical problems of postponing or delaying aprosecution in their regular court process.

Police officers, probation officers, social workers,counselors or others may submit “referral forms” to acourt intake officer, clerk, or case manager requestingthat an individual be placed in the Healing to WellnessCourt. Defense attorneys, prosecutors or presentingofficers may submit “motions to admit and transfer” adefendant into the Healing to Wellness Court. A judge onhis or her own motion may also issue a “general court

order” ordering an individual to be admitted into theWellness Court.

Tribal criminal courts may accept a “stipulatedagreement” signed by the parties by issuing a“stipulated order” admitting a defendant into theHealing to Wellness Court. These are orders based on anagreement between the defendant and prosecutor wherethe defendant admits to the facts underlying thecharges—in essence pleading guilty. The parties agree tothe continued jurisdiction of the criminal court while thedefendant participates in the Healing to Wellness CourtProgram, and in the event that such person is terminatedfrom the Wellness Court, the prosecutor may pursue theoriginal charge in the criminal court. Alternatively, wherethe person successfully completes the Wellness CourtProgram, the defendant is allowed to withdraw his or herguilty plea and the prosecutor will dismiss the charge.

Healing to Wellness Courts use a variety of writtennotices, agreements, waivers, questionnaires and forms togather information, to protect participant rights and toallow for the sharing of information about the participantto assist in his or her successful treatment. Thesedocuments also serve the crucial purpose of documentingthe requirements of federal and tribal law. Some of thesedocuments may include “information collection formsor commercial treatment questionnaires” that gatherbasic information such as a participant’s full name,contact information, family history, employment history,financial background, criminal history, and the natureand extent of the individual’s substance use and abuse; awellness court “participation agreement” where theparticipant agrees to report for a clinical assessment, tosign and participate in the individualized treatment plan,to attend required status or compliance hearings, classes,counseling sessions, groups and other activities, to bealcohol and drug tested, to sign a release of informationform, and that the agreement was undertaken freely andvoluntarily without being under the influence of alcoholor drugs; and a “release of information form” to allow

KEY COMPONENT 2Participants enter the wellness court program through various referralpoints and legal procedures while protecting their due process rights.

4


wellness court team members to share information aboutthe participant in order to assist him or her in thesuccessful completion of the wellness court process.

Some tribal wellness teams have found it useful to enterinto “tribal inter-agency agreements” specifying eachagency’s commitment to the overall goals of the Healingto Wellness Court Program and the specific obligations,duties, and funding commitments of each agency in thefurtherance of successful wellness program operations.

In many communities, tribal members are oftenprosecuted for offenses committed off-reservation.Consequently, a Healing to Wellness Court may allow forentry into the process based on charges and referral fromanother jurisdiction. In these cases, formal agreements or“Memorandums of Understanding” (MOUs) are oftenentered into between the jurisdictions specifying whatinformation is shared and how the referral process iscoordinated.

A tribe’s constitution, laws, and court rules will also beimportant sources for the team in designing Healing toWellness Court policies and procedures consistent with

existing tribal law and values. For tribes that areconcurrently developing criminal courts and courts ofgeneral civil jurisdiction, the wellness court planningprocess may include additional tasks such as drafting atribal code or ordinance to define the power andauthority of the wellness court, to adopt special policiesand procedures, to define which behaviors by offendersfall within the scope of the wellness court, and toidentify any particular individual rights protected byexisting tribal and applicable federal laws.


1. Prosecutors, presenting officers and defense counsel, ifavailable, should participate in the design of screening,eligibility, and case processing policies and procedures toguarantee that due process rights and public safety needsare served. The continuing role and the nature of the roleof prosecutors, presenting officers and defenders in thedaily operations of the Healing to Wellness Court shouldbe discussed with all team members and mutually agreedupon.

OVERVIEW OF REFERRAL POINTS AND LEGAL PROCEDURE

Criminal Act

Arrest

Court Process

TRIBAL HEALING TO WELLNESS COURT

Pre-Trial Referral(Prosecutor defers filing charges)

Post-Adjudication (After a guilty plea or finding of guilt

but sentence deferred or stayed)

Pre-Adjudication Referral(After charges filed but before guilty

plea or finding of guilt)

5

KEY COMPONENT 2

2. Team members should perform the following range oftasks:

■ review particular cases and determine if the defendantor juvenile is eligible for the drug court program(legal screening);

■ determine if the defendant or juvenile will benefitfrom the treatment and other therapeutic activitiesavailable (clinical screening);

■ file all necessary legal documents;

■ review the arrest warrant, affidavits, chargingdocument, and all other relevant information, andprogram documents (e.g., waivers, writtenagreements);

■ advise the offender as to the nature and purpose of thedrug court, the rules governing participation, theconsequences of failing to abide by the rules, and howparticipating or not participating in the drug court willaffect his or her interests;

■ explain all of the rights that the offender willtemporarily or permanently relinquish, whereapplicable;

■ provide advice on alternative courses of action,including legal and treatment alternatives available

outside the drug court program, and discuss thelong-term benefits of sobriety and a drug-free life;and explain that because criminal prosecution foradmitting to alcohol and other drug use in open courtwill not be pursued, the defendant is encouraged to betruthful with the judge and with treatment staff, andinform the participant that he or she will be expectedto speak directly to the judge, usually without anattorney or advocate present;

■ participate in a coordinated strategy for responding topositive alcohol and other drug tests and otherinstances of noncompliance;

■ agree that a positive alcohol or other drug test or opencourt admission of alcohol or other drug possessionor use will not result in a referral for or the filing ofadditional drug charges based on that admission;

■ make decisions regarding the participant’s continuedenrollment in the program based on performance intreatment rather than on legal aspects of the case,barring additional criminal behavior.

3. All communication about an individual’s participationin treatment must be in compliance with the provisionsof 42 CFR, Part 2 (the federal regulations governingconfidentiality of alcohol and drug abuse patientrecords), and with similar tribal regulations.3

7

Atraumatic event in a person’s life, such as an arrest,creates an immediate crisis and can force substance-

abusing behavior into the open therefore decreasing thelikelihood of denial. The period immediately followingan arrest, an apprehension for a probation violation, or acharge under a tribal ordinance violation, provides acritical window of opportunity for intervening andemphasizing the value of alcohol and other drugtreatment. Judicial action, taken promptly after thetraumatic event, uses this crisis period to stress theconsequences of the substance abusing behavior and

successfully promote the offender’s participation in thehealing journey through the Healing to Wellness CourtProgram.

Legal Screening refers to the process by whichparticipants are identified as appropriate based onguidelines such as the nature of the offense (for example,many programs are limited to handling non-violentoffenders under federal drug court fundingrequirements), jurisdictional limitations (for example,tribal courts do not have criminal jurisdiction over non-

Key Component 3 Eligible substance abuse offenders are identified early through legal and clinical screening for eligibility and are promptly placed in the Tribal Healingto Wellness Program.

TRIBAL HEALING TO WELLNESS COURT TASK CHART

TASK PURPOSE ACTIVITIES TIME & COST BY WHOM

Legal Screening • examine public safety • review: • these activities are • any of these: & risk - current charges (drug part of typical criminal - prosecution

• determine if legally or alcohol related) proceedings so no - defensepermitted to - criminal history added time or costs - police participate - circumstances compared to criminal - probation

court - coordinator

Clinical Screening • determine offender’s • explain process • takes 5 to 30 minutes; • any of these: readiness for treatment • sign releases costs include staff time - case manager& appropriateness of • brief review of & training (some - treatment providerdrug and/or alcohol substance use, social screening forms - probationtreatment history, & other are free)

disorders• willingness to

participate

Clinical Assessment • diagnose participant, • examine scope & • 1 to 2 hours or more, • clinically trained andadmission & treatment nature of substance depending on complexity qualified counselor,planning abuse of problems; costs psychologist,

• identify full range include staff time & psychiatrist, socialof services needed training, costs of worker, nurse

• match participants diagnostic and to specific services assessment

instruments

8


Indians), age appropriateness, and other guidelines basedupon the chosen target population.

Clinical Screening refers to an intake interviewconducted by a trained intake officer or treatmentprofessional to determine the participant’s level ofchemical dependency and suitability for wellness courtgiven existing treatment services and therapeuticactivities.

Clinical Assessment & Phased Treatment Plan referto the completion of a detailed clinical assessmentundertaken by a treatment professional who thendevelops an individualized treatment plan based on theparticipant’s identified needs.

Timing—Prompt placement of a participant in thewellness program increases the effectiveness of treatmentand the community’s confidence in the tribal justice andtreatment systems. Participants are immediatelyimmersed in a therapeutic regimen and the public sees ameaningful response to the offender’s behavior and seesthe eventual success of the program in reducing alcoholand other drug use and related criminal behavior.


1. Eligibility screening should be undertaken usingwritten legal criteria and tested clinical screening tools.

Program coordinators, case managers, tribal prosecutors,or other qualified team members are designated tolegally screen cases and identify potential participants.Trained intake officers or treatment professionals shouldalso conduct initial clinical screening to determinewhether the individual’s treatment needs will be met bythe available treatment services.

2. Promptly advise eligible participants about therequirements, benefits and consequences of participatingin this healing journey.

3. Assess the participant’s need for substance abuseservices, diagnose any mental health issues, andformulate an individualized treatment plan.

4. Schedule an initial appearance before the Healing toWellness Court judge immediately after arrest,apprehension, or referral, to improve the likelihood ofsuccess for the participant.

5. Once the participant agrees to placement in theHealing to Wellness Court, the court should require theparticipant to begin active involvement in treatmentservices and other therapeutic activities or supplementalservices (such as educational, and job skills programs)immediately.

9

The Healing to Wellness Court concept is generallyviewed as being consistent with traditional Native

justice concepts and methods. Traditional methods ofjustice for Indian people created an environment thatfocused on the problems underlying the criminal actrather than the act itself and stressed family, extendedfamily, and community involvement in the healingprocess. The Healing to Wellness Courts are a modernrevitalization of guiding Native principles of justice,truth, honor, respect, harmony, balance, healing,wellness, apology or contrition, restitution, andrehabilitation, using a holistic approach. The Healing toWellness Court concept can be adapted by tribes torestore harmony and balance to individuals, the family,and the communities that have been devastated byalcohol and drug abuse.

In a Healing to Wellness Court Program, a “PhasedTreatment Plan” provides the therapeutic environmentfor participants and their families. This plan may includea year or more of tightly scheduled required therapeuticand other activities for the participant and his or herfamily. The Healing to Wellness Court provides weeklyor bi-monthly legal pressure, in the form of requiredcompliance hearings, to keep participants and theirfamilies involved, while treatment professionals engagein therapeutic and other activities to provide positivelifestyle changes.

Each Wellness Court Program is unique. Many havepre-set schedules for group sessions and/or othertreatment related activities. Many programs match theirtreatment schedule and treatment plan to the completionof phases. For example, Phase I may focus on detoxingthe participant and gathering information, getting theparticipant to understand why he or she is in theWellness Court and educating the participant in thenature and impact of alcohol and drugs on his or herbody and the family. Phase II may have goals of gettingthe participant to admit that he or she has a substanceabuse problem and to accept responsibility for hurting

him or herself and others, including a focus on increasedself-care and the development of healthy, balanceddecision-making skills. Phase III might focus on theparticipant’s resolution to be clean and sober and to actas a peer role model. Phase IV is often designed as anaftercare phase which focuses on preparing a participantto face the challenges of re-connecting to the community,and developing an external support system.

The most successful phased treatment plans include acombination of individual counseling, alcohol andsubstance abuse education and other topical classes,cognitive-behavioral group therapy, experiential (outdooror wilderness) therapy, group therapy, relapse preventioncounseling, and support groups. Participants are requiredto attend group or individual counseling, courses, andactivities on a frequent (often weekly) basis. Participantsare also required to be frequently and randomly alcoholand drug tested throughout the required phases.


1. The team including justice, treatment, and socialservices professionals and traditional healers andpeacemakers or elders, should work together tounderstand and design the standard elements, therapeuticgoals, and scheduling requirements of a standard phasedtreatment plan. The phases may include, for example,alcohol and drug education classes, individual and groupcounseling on a number of topics, cognitive-behavioraland experiential therapies, relapse prevention counseling,and support groups. A standard phased treatment planshould take into consideration existing tribal financialand treatment resources.

2. Teams should also encourage additional training fortreatment providers in the specific therapies andmodalities used by therapeutic courts (for example,cognitive-behavioral therapy, experiential therapy, andrelapse prevention counseling).

Key Component 4 Tribal Healing to Wellness Programs provide access to holistic, structuredand phased, substance abuse treatment and rehabilitation services that incorporate culture and tradition.

10


3. Teams should also plan to cross-train justice andtreatment professionals and traditional healers,peacemakers, and elders in existing and new treatmenttherapies, modalities, and other therapeutic activities.

4. Treatment plans should be tailored to the individualparticipant’s needs based on the conclusions derivedfrom the clinical assessment. Treatment providers andtraditional healers may recommend a certain number ofcounseling sessions or activities per week (frequency),certain types of therapies or activities (“modalities”including individual, group, family or sweat lodgesessions), specifying the length of sessions or activities(duration), tasks or assignments to be completed(objectives), or sessions focusing on specific topics (suchas anger management). The clinical assessment may alsoreveal a need for mental health counseling provided by apsychologist or psychiatrist in addition to standard drugand alcohol abuse counseling.

5. Tribal Healing to Wellness Courts also incorporate awide range of traditional healing, peacemaking, andcleansing activities into their programs. Traditional

healing practices have proven particularly effective inaddressing Native alcohol and substance abuse problems.Involvement in traditional, cultural, religious, andcommunity activities have also proven effective. Thefollowing activities may be integrated as requirements ofa phased treatment plan: cleansing ceremonies, talkingcircles, peacemaking, sweat lodges, Native AmericanChurch activities, visits with a medicine man/woman,and elder-participant mentorships, (The specificpractices, ceremonies, and activities vary substantiallyfrom tribe to tribe and from participant to participant).

6. The team should ensure that case management isundertaken with each participant. Case managementmeans that someone is officially responsible forcoordinating the services need by the participants such asjob training, money management skills, parenting skills,educational advancement, medical or dental services, andtransportation and other basic necessities such ashousing, water, gas and electricity. This assistance willprovide participants with the additional supportnecessary to succeed in the Healing to Wellness Court.

11

The Healing to Wellness journey is not accomplishedalone. Rather, the process or journey is taken with the

support and encouragement of the Healing to WellnessCourt staff, extended family, friends, and othercommunity resource personnel. While the choice tobecome healthy and well remains solely with theindividual, it becomes a group venture to help reach andsustain this goal. Many people join together to assist inmonitoring and supervising the participant’s progress onthe healing journey.

Drug testing plays an integral role in the healing journeyof the individual. Without random and frequent alcoholand other drug testing, there is no reliable method ofknowing that a participant is receiving the full benefitsfrom services. Drug testing helps ensure that theparticipant is making progress in the healing journey.

Modern technology offers highly reliable testing todetermine if an individual has recently used specificdrugs. Further, it is commonly recognized that alcoholuse frequently contributes to relapse among individualswhose primary drug of choice is not alcohol.

Frequent, random, and observed court-ordered alcoholand other drug testing is essential to document theparticipant’s compliance with program requirements.This assures that the participant is allowing the healingprocess to begin. Alcohol and other drug testing resultsare objective measures of treatment effectiveness, as wellas a source of important information for periodic reviewof treatment progress. Testing helps shape the ongoinginteraction between the court and each participant.Timely and accurate test results promote frankness andhonesty among all parties. It also gives the participantimmediate information about his or her own progress,making the participant actively involved in the healingprocess and journey rather than a passive recipient ofservices.


1. Testing should be administered frequently andrandomly in order to assure participant accountability.Testing should occur a minimum of three times per weekduring the early phases of treatment, with reducedfrequency thereafter.

2. The scope of testing should be sufficiently broad todetect the participant’s primary drug of choice as well asother potential drugs of abuse, including alcohol. Sincethe drug of choice in most indigenous communities isalcohol, the frequent and random use of a breathalyzershould be incorporated into the testing regime.

3. The drug-testing procedure must be reliable. Elementscontributing to the reliability and validity of a urinalysistesting process include, but are not limited to:

■ Direct observation of urine sample collection;

■ Verification of temperature and measurement ofcreatinine levels to determine if water loading hasoccurred;

■ Specific, detailed, written procedures regarding allaspects of urine sample collection, sample analysis,and result reporting must be developed and availablefor review by participants, team members and otherconcerned parties;

■ A documented chain of custody for each samplecollected;

■ Quality control and quality assurance procedures forensuring the integrity of the process; and

■ Procedures for verifying accuracy when drug testresults are contested.

Key Component 5Participants are monitored through intensive supervision that includesfrequent and random testing for alcohol and other substance use.

12


4. Alcohol and other drug testing policies and proceduresshould be based on established and tested guidelines. If aprogram uses contracted laboratories to analyze urine orother samples, these laboratories should be held toestablished standards.

5. Ideally, test results should be available andcommunicated to the court and the participant within oneday. The wellness court functions best when it responds

immediately to noncompliance. The time betweensample collection and availability of results should beshort. The court should be notified immediately when aparticipant has tested positive, has failed to submit totesting, has submitted the sample of another, or hasadulterated a sample. Wellness Programs should developa coordinated strategy for responding to positive tests,missed tests, and fraudulent tests.

13

As the Healing to Wellness journey is a difficult andcomplicated endeavor, participants are closely

supervised throughout their participation in the Healingto Wellness Court program. Even the slightest progress isrecognized and encouraged by way of praise and otherrewards or incentives. Similarly, noncompliance withprogram requirements is detected promptly by way ofreprimand or more severe consequences or sanctions.Both incentives and sanctions in Healing to WellnessCourts support the participant’s effort to move forwardon his or her healing journey, away from substance abuseand addiction.

An established principle of alcohol and other drug abusetreatment is that addiction is a chronic, relapsingcondition. A pattern of decreasing frequency of usebefore sustained abstinence from alcohol and other drugsis common. Becoming sober or drug free is a learningexperience, and each relapse may be used to teach theparticipant about the recovery process.

Treatment aimed at preventing the return to alcohol andother drug use is imperative in the early stages andemphasized throughout the process. It helps participantslearn to manage their ambivalence toward recovery,identify situations that stimulate cravings, and developskills to cope with high-risk situations.

Participants may exhibit a pattern of positive alcoholand/or drug tests within the first several monthsfollowing admission. While wellness courts recognizethat individuals have a tendency to relapse, continuinguse is not condoned. Healing to Wellness Courts mustimpose appropriate graduated responses for anycontinuing use. Providing a written copy and explainingthese responses to the participants when they enter theprocess emphasizes the predictability, certainty, andswiftness of the Court’s response to their behavior.

Punishments, or sanctions, can be imposed for aparticipant’s noncompliance with other Healing to

Wellness Court requirements, in addition to positive drugtests. Participant behavior calling for a response mightinclude missing a court appearance, a positive alcoholand/or drug test, or missing a group therapy session.Sanctions might include: requiring the participant tomake extra court appearances; wait until last to be calledat the regular court appearances; increased time in theprogram; return to a prior phase; and/or to do additionalcommunity service.

A participant’s progress through the wellness courtexperience is measured by his or her compliance with thetreatment plan. Certainly cessation of alcohol and/ordrug use is the ultimate goal of treatment. However,there is value in recognizing incremental progress towardthe goal, such as showing up at all required courtappearances, regularly arriving at the treatment programon time, fully participating in the treatment sessions,cooperating with staff, and submitting to regular testing.Small rewards for incremental successes have animportant effect on a participant’s sense of purpose andaccomplishment.


1. Treatment providers, the judge, and other programstaff should maintain frequent, regular communication toprovide timely reporting of progress and noncomplianceand to enable the court to respond immediately.Procedures for reporting noncompliance should beclearly defined in the wellness court’s operatingdocuments.

2. Responses to compliance and noncompliance shouldbe explained verbally and provided in writing to wellnesscourt participants before, or during their orientation, andas necessary during program participation.

3. The responses for compliance should vary in intensity.They can include:

Key Component 6Progressive consequences (or sanctions) and rewards (or incentives) areused to encourage participant compliance with program requirements.

14


■ Encouragement and praise from the bench;

■ Ceremonies and tokens of progress, includingadvancement to the next treatment phase;

■ Involvement in community or cultural activities;

■ Community recognition of participant success;

■ Traditional gifts (such as Pendleton blankets) inrecognition of participant success;

■ Reduced supervision;

■ Decreased frequency of court appearances;

■ Reduced fines or fees;

■ Dismissal of criminal charges or reduction in the termof probation;

■ Reduced or suspended incarceration; and

■ Graduation.

4. Responses to, or sanctions for, noncompliance mightinclude:

■ Warnings and admonishment from the bench in opencourt;

■ Demotion to earlier program phases;

■ Increased frequency of alcohol and other drug testingand court appearances;

■ Community service (such as providing services fortribal elders);

■ Required appearances before traditional forums or tobe instructed by tribal elders;

■ Confinement in the courtroom or jury box;

■ Increased monitoring and/or treatment intensity;

■ Fines;

■ Increased community service or work programs;

■ Escalating periods of jail confinement (However,wellness court participants remanded to jail shouldreceive treatment services while confined and familymembers should continue to receive ancillaryservices); and

■ Termination from the program and reinstatement ofregular court processing.

5. Progress toward reducing the abuse of alcohol andother drugs and drug related criminal activity is markedby specific and measurable criteria such as compliancewith program requirements; no repetition of alcohol ordrug related criminal activity and alcohol and other druguse; participation in treatment; and restitution to thevictim or to the community.

15

The judge, or whoever serves in a judicial role (elders,elders panels, and traditional dispute resolution

authorities), serves as the leader or guide of the Healingto Wellness Court Team. This position is the linkbetween the criminal justice system and the community’shealing and wellness resources. The Court’s early andfrequent interaction with the participant throughout thehealing process during court appearances (often calledstatus hearings) increases the likelihood that a participantwill remain in treatment and improves the chances for asuccessful healing journey to sobriety and law-abidingbehavior.

A Healing to Wellness Court judge must be prepared andhave the authority to encourage appropriate behavior andto discourage and penalize inappropriate behaviorthrough the imposition of incentives and sanctions.Ongoing judicial supervision also communicates toparticipants—often for the first time—that someone inauthority cares about them and is closely watching whatthey do.

Healing to Wellness courts require judges to step beyondtheir role in other courts and participate as part of theteam. An effective Healing to Wellness Court judge isknowledgeable about treatment and how treatment andthe tribal justice process interact. Their participation incase staffings ensures team members share and discussinformation and conflicting views in a timely mannerthat allows the judge to effectively respond to eachparticipant.


1. Judicial participation at case staffings promotesconsistency in a team’s prompt response to theparticipant’s conduct and assures that the judge is fullyprepared for the status hearings.

2. The judge must have a basic understanding of alcoholand other drug treatment and be able to discuss thetreatment plan with trained professional treatmentproviders.

3. Regular status hearings are used to monitor participantperformance and progress:

■ Frequent status hearings during the initial phases ofthe participant’s program establish and reinforce thedrug court’s policies and promotes effectivesupervision.

■ Time between status hearings may be increased ordecreased based on compliance with treatmentprotocols and observable progress.

■ Having a significant number of drug court participantsappear at a single session gives the judge theopportunity to educate both the participant at thebench and those waiting as to the benefits of programcompliance and consequences of non-compliance.

4. The court applies appropriate incentives and sanctionsin response to a participant’s progress in his or herhealing journey.

5. Payment of fees, fines and/or restitution may be partof the participant’s healing journey. The court supervisessuch payments and takes into account the participant’sfinancial ability to fulfill these obligations. No oneshould be denied participation in drug courts solelybecause of inability to pay fees, fines, or restitution.

6. The judge plays an active role in the treatmentprocess, including frequently reviewing treatmentprogress. The judge responds to each participant’spositive efforts as well as to noncompliant behaviorthrough a consistently applied set of rewards andpunishment (incentives and sanctions) developed duringthe team planning process.

Key Component 7Ongoing judicial interaction with each participant andjudicial involvement in team staffing is essential.

17

Successful Healing to Wellness Court Programscarefully monitor, collect, organize, and analyze

information from the beginning of the planning stages ofthe program and regularly throughout programoperations. There are two primary purposes for thecollection and management of wellness courtinformation. First, it is important to frequently monitorinternal program operations in order to make changes toimprove the existing process. Second, over time, it willbecome necessary to demonstrate to tribal and federalpolicymakers and funders that the wellness court isworking—that it is reducing repeat offenses andsubstance abuse.

Certain types of information should be formallycollected and organized in a wellness court database:

■ An explanation of the target population for the TribalHealing to Wellness Court Program followed bydocumentation of the particular types of charges, priorrecords, nature and severity of alcohol or substanceabuse, tribal membership, age, sex, etc. of eachparticipant;

■ Document the nature of alcohol and drug use while inthe wellness court by keeping statistics on thefrequency and results of alcohol and drug testing ofeach participant;

■ An explanation of the available treatment modalitiesfor alcohol and/or substance abuse, followed bydocumentation of the treatment services and otheractivities provided to each participant;

■ Document the wellness program completion rate bykeeping statistics on how many people are acceptedinto the program, how many people graduate from theprogram, how many people are currently active in theprogram, what is the average length of time thatpeople are active in the program, and how manypeople have been terminated from the program;

■ Document the re-arrest rate while in the wellnesscourt by keeping statistics on what types of chargesare filed, how many times after graduation, and towhat extent people remain arrest free.

■ Document the impact of the wellness court on theparticipant’s life circumstances by keeping statisticson each participant’s enhanced education level,acquisition of job skills, employment, improvedphysical health, the re-uniting of families, and thenumber of drug free babies born during participationin the wellness program.

In addition to collecting and managing information toimprove internal program operations, it is also importantto have formal wellness court evaluations done todemonstrate to policymakers and funders (present andpotential) that the wellness program is reducing re-offensesand substance abuse.

Key Component 8Monitoring and evaluation measure the achievement of program goalsand gauge effectiveness to meet three purposes: providing informationto improve the Healing to Wellness process; overseeing participantprogress; and preparing evaluative information for interested communitygroups and funding sources.

WELLNESS COURT DATABASE

• Law Enforcement Records• Court Records• Probation Records• Selected Treatment Records• Selected School Records• Wellness Court Intake Information• Alcohol & Drug Test Results

18


Evaluation is the process of gathering and analyzingdata to measure the effectiveness of the program and theaccomplishment of the program’s long-term goals. Thereare generally two types of evaluations useful for Healingto Wellness Courts: process evaluations and outcomeevaluations.

A process evaluation appraises progress in meetingoperational and administrative goals (e.g., whethertreatment services are implemented as intended).

An outcome evaluation assesses the extent to which theprogram is reaching its long-term goals (e.g., reducingcriminal recidivism). An effective design for an outcomeevaluation is one where data is collected on acomparison group that does not receive Healing toWellness court services and then it is compared to thedata collected on wellness court participants. Outcomeevaluations should be planned at the beginning of awellness court program as these evaluations require atleast a year to compile results including contacting andinterviewing individuals in a comparison group and thosewho participated or graduated from the wellness courtprogram.


1. The collection and management of information, andthe effective evaluation of such data, should begin in theinitial planning stages. As part of the comprehensiveplanning process, team members should establishspecific and measurable goals that define the parametersof data collection and management. At this point in theprocess an evaluator can be a useful member of theplanning team.

2. Data needed for internal program monitoring can beobtained from records maintained for day-to-dayprogram operations, such as the numbers and generaldemographics of individuals screened for eligibility; theextent and nature of alcohol and other drug problemsamong those assessed for possible participation in theprogram; and attendance records, progress reports, drugtest results, and incidence of criminality among thoseaccepted into the program.

3. Team members should gather and organize data inuseful formats for regular review.

4. Ideally, much of the information needed formonitoring and evaluation is gathered through anautomated system that can provide timely and usefulreports. If an automated system is not available, manualdata collection and report preparation can be designed tofit the available record keeping system. Additionalmonitoring information may be acquired by observationand through program staff and participant interviews.

5. Automated and manual information systems shouldadhere to written guidelines that protect againstunauthorized disclosure of sensitive personal informationabout individuals.

6. Internal program monitoring reports should bereviewed at frequent intervals by team members. Theycan be used to analyze program operations, gaugeeffectiveness, modify procedures when necessary, andrefine goals.

7. Process evaluation activities should be undertakenthroughout the course of the drug court program. Thisactivity is particularly important in the early stages ofprogram implementation.

8. If feasible, a qualified independent evaluator should beselected and given responsibility for developing andconducting an evaluation design and for preparinginterim and final reports. If an independent evaluation isunavailable the program may design and implement itsown evaluation, based on guidance available through thefield.

■ Judges, prosecutors, the defense bar, treatment staff,and others may design the evaluation collaborativelywith the evaluator.

■ Ideally, an independent evaluator will help theinformation systems expert design and implement theinformation management system.

■ The Healing to Wellness Court should ensure that theevaluator has access to relevant justice system andtreatment information.

■ The evaluator should maintain continuing contactwith the court and provide information on a regularbasis. Preliminary reports may be reviewed by teammembers and used as the basis for revising goals,policies, and procedures as appropriate.

19

Key Component 8

9. At least six months after participants begin exiting aHealing to Wellness Court, the differences betweenwellness court graduates and members of the comparisongroup (which should have been defined during theplanning stages of the wellness court program) should beexamined to determine the long-term outcomes of thewellness program. Follow-up evaluation should includethe collection and analysis of the following types ofinformation (please refer to the U.S. Department ofJustice’s Office of Justice Programs “Drug Court GranteeData Collection Survey” as a beginning):

■ Who is eligible to participate in the drug courtprogram?

■ Characteristics of program participants

■ Number of participants

■ Number of graduates from the drug court program

■ Number of people admitted to the program

■ Number of people who completed the program

■ Number of people who failed the program

■ Number of people currently enrolled

■ Age of participants

■ Gender of participants

■ Number of drug-free babies born to participants

■ Number of participants of different racial or ethnicdescent

■ Number of participants who gained a GED orvocational training credential while in the program

■ Number of participants employed at graduation

■ Number of persons for whom bench warrants wereissued, who have not been picked up, and have beenin bench warrant status for over 60 days

■ Number of participants arrested or convicted while inthe drug court program

■ Number of clients who re-entered the drug courtprogram, after court/self termination or graduation

■ Number of participants arrested or convicted aftergraduation

■ Number of participants who remain drug free aftergraduation

21

All Healing to Wellness Court team members and staffshould be involved in interdisciplinary education and

training before the first case is heard. Interdisciplinaryeducation exposes judges, court and probation staff totreatment issues, and treatment staff to criminaljustice process and issues. It also develops sharedunderstandings of the values, goals, and operatingprocedures of both the treatment and the justice systemcomponents. Judges and court personnel typically needto learn about the nature of alcohol and other drugproblems and the theories and practices supportingspecific treatment approaches. Treatment providerstypically need to become familiar with criminal justiceaccountability issues and court operations. All need tounderstand and comply with drug testing standards andprocedures.

One method of educating new wellness court staff aboutwellness court operations is to visit an existing court toobserve its operations and ask questions. On-siteexperience with an operating wellness court provides anopportunity for new wellness court staff to talk to theirpeers directly and to see how their particular rolefunctions.


1. Key personnel should have attained a specific levelof basic education, as defined in professional jobdescriptions and in the written operating procedures. Theoperating procedures should also define requirements forthe continuing education of each team member.

2. Team member from justice, treatment and socialservices agencies should cross-train each other beginningwith the wellness court design and planning process andcontinuing throughout wellness court operations. It

should never be assumed that professionals from thelegal discipline or the treatment or social servicesdisciplines know the purpose, processes and limitationsof each other’s agencies.

3. Attendance at educational and training sessions by allteam members is essential. Regional and national drugcourt training sessions provide critical information aboutinnovative developments across the nation. Sessions aremost productive when team members attend as a group.Credits for continuing professional education should beoffered, when feasible.

4. Continuing education institutionalizes the Healingto Wellness Court and moves it beyond its initialidentification with the key staff that may have foundedthe program and nurtured its development.

5. An education syllabus and curriculum should bedeveloped describing goals, policies, and procedures.Topics might include:

■ Goals and philosophy of the Healing to Wellnesscourts;

■ The nature of alcohol and other drug abuse, itstreatment and terminology;

■ The dynamics of abstinence and techniques forpreventing relapse;

■ Responses to relapse and to noncompliance with otherprogram requirements;

■ Basic legal requirements of the program and anoverview of the local criminal justice system’spolicies, procedures, and terminology;

Key Component 9Continuing interdisciplinary education promotes effective wellness court planning, implementation, and operation.

22


■ Drug testing standards and procedures;

■ Sensitivity to racial, cultural, ethnic, gender, andsexual orientation as they affect the operation of thedrug court;

■ Interrelationships of co-occurring conditions such asalcohol and other drug abuse and mental illness (alsoknown as “dual diagnosis”); and

■ Federal, State, and local confidentiality.

23

Healing to Wellness Courts contribute to communityand nation building among indigenous tribal peoples.

Not only do Healing to Wellness Courts help to redirectlost community members back into a more positive wayof life, but the bringing together of the community’shealing resources requires the tribal leadership, staff, andcitizens to communicate, coordinate and cooperate morebeneficially with one another and have an understandingof each other’s roles and responsibilities. By workingtogether on a shared vision of health and wellness, thecommunity and nation as a whole can make plansregarding how this vision can be attained with both thewisdom from the past and the resources presentlyavailable. Consequently, Healing to Wellness Court staffand others involved in the Court must receive specificand focused education and training that supports theCourt’s goals and objectives. Moreover, it is importantthat all community members are made aware of theHealing to Wellness Court’s purpose, place, and meaningto the future of the Tribe and Nation so that everyone inthe community is actively thinking and working towardsthe same goal.

Because of its unique approach in the criminal justicesystem, a wellness court is especially well suited todevelop coalitions among private community-basedorganizations, public criminal justice agencies, andtreatment delivery systems. Forming such coalitionsexpands the continuum of services available to wellnesscourt participants and informs the community about thehealing journey of wellness court programs.

The wellness court is a partnership amongorganizations—public, private, and community-based—dedicated to a coordinated and cooperative approach tothe alcohol and other drug offender. The wellness courtfosters system wide involvement through its commitmentto share responsibility and participation of programpartners. As a part of—and as a leader in—the formationand operation of community partnerships, wellness

courts can help restore public faith in the criminal justicesystem.


1. Representatives from the court, communityorganizations, law enforcement, corrections, prosecution,defense counsel, supervisory agencies, treatment andrehabilitation providers, educators, health and socialservice agencies, and the faith community should meetregularly to provide guidance and direction to the drugcourt program.

2. The court plays a pivotal role in linking communitygroups and the criminal justice system. The linkages area conduit of information to the public about the drugcourt, and conversely, from the community to the courtabout available community services and local problems.

3. Partnerships between courts and law enforcementand/or community policing programs can build effectivelinks between the court and offenders in the community.

4. Participation of public and private agencies, as well ascommunity-based organizations, should be formalizedthrough a steering committee. The steering committeeaids in the acquisition and distribution of resources. Anespecially effective way for the steering committee tooperate is through the formation of a nonprofitcorporation structure that includes all the principal courtpartners, provides policy guidance, and aids in fund-raising and resource acquisition. However, an informalsteering committee may be just as effective.

5. Healing to Wellness court programs and servicesprovide opportunities for community involvementthrough forums, informational meetings, and othercommunity outreach efforts.

Key Component 10The development of ongoing communication, coordination, and cooperation among team members, the community and relevant organizations are critical for program success.

25

Jerry Gardner, Executive DirectorPat Sekaquaptewa, Associate DirectorElton Naswood, Program ManagerTribal Law and Policy Institute (TLPI)8235 Santa Monica Blvd., Suite 211West Hollywood, California 90046Telephone: 323/650–5467Fax: 323/650–8149Email: [email protected]@[email protected]: www.tribal-institute.org

Richard Nedelkoff, DirectorBureau of Justice AssistanceOffice of Justice ProgramsU. S. Department of Justice810 Seventh Street N.W.Washington, D.C. 20531Telephone: 202/616–6500Fax: 202/305–1367Website: www.ojp.usdoj.gov/BJA

Janna Walker, Executive DirectorChico Gallegos, Staff Counsel and Chief Financial Officer

Native American Alliance Foundation (NAAF)23221 Flint Ridge DriveKansas, Oklahoma 74347Telephone: 918/597–2900Fax: 918/597–2901

Kimberlee Canter, Training CoordinatorNative American Alliance Foundation (NAAF)P.O. Box 9874Alexandria, Virginia 22304Telephone: 703/370–0965Fax: 703/370–0968Website: www.native-alliance.org

Caroline S. Cooper, DirectorOJP Drug Court Clearinghouse & Technical Assistance ProjectAmerican University, Brandywine 6604400 Massachusetts Avenue NW.Washington, DC 20016–8159Telephone: 202/885–2875Fax: 202/885–2885Website: www.american.edu/justice

Sources for Additional Information

27

Adrienne Active, Wellness Coordinator, AlaskaFederation of Natives (Alaska)

Max Aguilar, Prosecutor, Gila River Indian Community

Donna Arch, Court Counselor, Eastern Band ofCherokee Indians (North Carolina)

Kimberly Canter, Training Coordinator, NativeAmerican Alliance Foundation (Virginia)

Caroline Cooper, Director, Drug Court Clearinghouse,American University (Washington, D.C.)

Hon. Brenda C. Desmond, Special Master, MissoulaCounty Judicial District (Montana)

James Edwards, Caseworker/Consultant, Cook CountySocial Casework Department (Illinois)

Reba Elders, Treatment Specialist, Eastern Band ofCherokee Indians (North Carolina)

Hon. Mark Filosa, Special Master, 3rd Judicial DistrictJuvenile Drug Court (New Mexico)

Lisa Jaeger, Tribal Government Specialist, TananaChiefs Conference, Inc. (Alaska)

Hon. Joseph Flies-Away, Associate Judge, HualapaiTribal Court (Arizona)

Richard Franits, Director, Youth and Family Counseling(New Mexico)

H. Chico Gallegos, Staff Counsel & Chief FinancialOfficer, Native American Alliance Foundation(Oklahoma)

Jerry Gardner, Executive Director, Tribal Law andPolicy Institute (California)

Cindy Haro, Attorney, Legal Services of the VirginIslands (United States Virgin Islands)

Brian Hendrix, Executive Director, Payne County DrugCourt, Inc. (Oklahoma)

Susan James-Andrews, President, James-Andrews andAssociates (Virginia)

Hon. Ronald E. Johnny, Chief Judge, DuckwaterShoshone Tribal Court (Nevada)

Hon. B.J. Jones, Chief Judge, Sisseton-Wahpeton TribalCourt (North Dakota)

Hon. Richard Martin, Judge, Native Village ofChickaloon (Alaska)

Kimberly Martus, Tribal Justice Consultant, AlaskaTribal Justice Resource Center (Alaska)

Hon. Jeff Maupin, Judge, Native Village of Barrow(Alaska)

Dave McCullough, Attorney, Michael Minnis andAssociates (Oklahoma)

Ada Pecos Melton, President, American IndianDevelopment Associates (New Mexico)

Doug Modig, Consultant, Gathering of Eagles (Alaska)

Elton Naswood, Program Manager, Tribal Law andPolicy Institute (California)

Ray Perales, Consultant, Native American AllianceFoundation (Wisconsin)

Edward Reina, Chief of Police, Reno-Sparks IndianCommunity (Nevada)

Hon. Pat Riggs, Former Judge/Consultant, Ysleta DelSur Pueblo (Texas)

Marilyn Roberts, Director, Drug Courts Program Office(Washington, D.C.) 1996–2002.

Dr. Kenneth Robinson, President, CorrectionalCounseling, Inc. (Tennessee)

Tribal Advisory Committee (TAC) forTribal Healing to Wellness Courts

28


Clarissa Rodrigues-Coelho, Program Manager, Bureauof Justice Assistance (Washington, D.C.)

Pat Sekaquaptewa, Associate Director, Tribal Law andPolicy Institute (Illinois)

Lori Sherrod, Program Manager, Bureau of JusticeAssistance (Washington, D.C.)

Hon. Jill E. Tompkins Shibles, Executive Director,National Tribal Justice Resource Center (Colorado)

Hon. Don Sollars, Tribal Judge Emeritus, BlackfeetTribal Alternative Court (Montana)

Randrick (Kimo) Souza, Project Coordinator, MesaGang Intervention Project (Arizona)

Susan Spotted Bear, Program Director, Blackfeet TribalAlternative Court (Montana)

Sarah Stuckey, Counselor, Youth and FamilyCounseling (New Mexico)

Hon. Irene Toledo, District Judge, Navajo District Court(New Mexico)

Edward Vance, Tribal Court Prosecutor, Yavapai-Apache Nation (Arizona)

Janna Walker, Executive Director, Native AmericanAlliance Foundation (Oklahoma)

Ann Wallace-Filosa, Program Director, Las CrucesJuvenile Drug Court (New Mexico)

Rita Weeks, Court Administrator, Fort Peck Tribal Court(Montana)

Wayne Weston, Program Development Specialist,Cangleska, Inc. (South Dakota)

Donna White, Court Administrator, Poarch Band ofCreek Tribal Court (Alabama)

Hon. Ernest White, Judge, Poarch Band of Creek TribalCourt (Alabama)

Jonathan Whitefoot, Public Safety Commissioner,Yakama Nation (Washington)

L. Winnemucca, Contract Facilitator, Native AmericanAlliance Foundation (Florida)

Wilbur Woodis, Data Manager/Counselor, Indian HealthService (Maryland)

29

abuse: Substance abuse should be distinguished from“experimental use,” “regular use,” and “dependency.”Substance abuse is observed as the use of increasedamounts of the substance, the trying of other types ofdrugs or alcohol, thoughts of being drunk or high whensober, more and more time spent thinking about,obtaining, and using the substance, problems with familyand police, thoughts about quitting which are notfollowed up, and increased guilt or shame about usingthe substance.

affidavit: Written statement signed under oath.

aftercare: Classes, counseling, groups and/or activitieswhich focus on preparing participants for completing theHealing to Wellness Court Program, facing challenges ofre-connecting to the community, and the development ofexternal support systems.

assessment (or clinical assessment): A processcompleted by treatment staff to determine theparticipant’s level of chemical dependence and need fortreatment services, including the identification of thespecific types, the sequence, and intensity of treatmentservices needed (note that this process is generallycompleted after legal and clinical screenings).

case management: An individualized plan for securing,coordinating, and monitoring the appropriate treatmentinterventions and related services (medical and dentalservices, job search and training skills, housing, heating,electricity, transportation, etc.) needed to treat eachparticipant successfully for the best results.

case staffings: Meetings of wellness court teammembers, usually held just prior to court appearances byparticipants, where information about the participant’sdrug testing results, attendance and participation inrequired treatment and other required activities, andother relevant information is shared and updated.Recommendations about the participant are also made tothe judge during this time.

charging document: The legal form used by theprosecution to begin the criminal process against anoffender.

clinical screening: A process by treatment staff todetermine whether the prospective participant has asubstance abuse problem that can be addressed byavailable treatment services and if there are otherproblems, such as a mental health disorder, that wouldinterfere with treatment.

co-occurring problems: Other challenges anddifficulties both medical (such as fetal alcohol or mentalillness problems) and non-medical (such as educationalor family problems), that adversely affect a participant’sability to successfully complete the wellness program.

confidentiality: Refers to information about a personthat is private and protected by federal and other laws toprevent its disclosure without the person’s consent.

creatinine levels: Creatinine is a muscle breakdownproduct, which is excreted in the urine at a steady rate.There are two important reasons to measure creatininelevels in urine specimens: (1) to determine whether aperson is internally diluting their urine (drinkingexcessive amounts of water); and (2) to test for new, asopposed to previous, Marijuana (THC) use. The ratio ofTHC to creatinine should decrease over time when thereis no new use.

detoxification: A process of discontinuing of drug andalcohol use that leads to reduction and elimination ofdrugs and alcohol from the participant’s body.Detoxification may or may not need to be medicallysupervised depending upon the type of drug beingdiscontinued.

dual diagnosis: a clinical assessment by treatment staffthat the participant has both a substance abuse and amental illness problem.

due process: the required process of law as set forth inthe federal Bill of Rights, the Indian Civil Rights Actand/or applicable tribal or state law—generally a person

Glossary of Terms Used in This Publication

30


is entitled to have notice and an opportunity to be heard(that is, a real chance to present his or her side in a legaldispute) and that no law or government procedure shouldbe arbitrary or unfair.

incentives: Rewards used within the Healing to WellnessCourt program to promote compliance and healing.

information system: The way a program gathers, usesand reports information about its participants andactivities. The system may be computerized (automated)or manual.

interagency agreements: Written documents that reflectthe interests of the organizations or agencies and theircommitments to the program.

legal screening: A process to decide if the prospectiveparticipant meets the eligibility criteria for the wellnesscourt related to criminal history, type and severity ofoffense and other criteria as defined by the team duringinitial planning.

memorandum of agreement: Written documentbetween units of government that reflect the interests ofthe organizations and their commitments to the program.

operating procedures: A series of activities performedin a regular definite order under specifically identifiedconditions.

outcome evaluation: Gathering information todetermine a program’s success in meeting its goals. Anoutcome evaluation may look at a program’s impact onthe individual and on the community.

outpatient treatment: A program or set of services forassisting a participant with his or her healing from drugor alcohol abuse which does not make use ofhospitalization or confinement to a facility.

participant: This is the term used for juveniles ordefendants who are referred to and are accepted into aHealing to Wellness Court Program.

phased treatment plan: The schedule of classes,counseling, therapeutic and other activities and supportgroups that Healing to Wellness Court participants arerequired to attend over a twelve month or longer periodin order to complete the program.

process evaluation: Gathering information to describeand analyze how a program is operating or meeting itsadministrative and procedural goals and to identifyproblems or concerns in implementing a program.

program monitoring: A way of providing oversight andperiodic measurements of a program’s performanceagainst its stated goals and objectives.

protocols: The rules and formalities used for interactionsamong agencies and organizations.

relapse: A return to use of alcohol and or drug use afterof period of not using the substance(s).

releases of information: Written consent formspermitting information to be transferred from one placeto another concerning the person signing the form. Arelease may be used to show permission to gatherinformation about health, treatment participation,criminal history and other services used by theparticipant for use by the wellness court.

sanctions: Punishments, consequences, or appropriateresponses to behavior used within the wellness courtprogram to promote compliance and healing.

status hearing or compliance hearing: Theparticipant’s appearance before the court to reviewprogress in the wellness court program.

violent offender: In drug courts, the term generallyrefers to the definition of “violent offender” as set forthin the statutes that authorize federal funding for drugcourt programs, but prohibit the use of these funds for a“violent offender.” The statutes define “violent offender”as a person who either (1) is charged with or convictedof an offense, during the course of which offense orconduct the person carried, possessed, or used a firearmor dangerous weapon; there occurred the death of, orserious bodily injury to any person; or there occurred theuse of force against the person of another, without regardto whether any of the circumstances previously describedis an element of the offense or conduct of which or forwhich the person is charged or convicted or (2) has oneor more prior convictions for a felony crime of violenceinvolving the use or attempted use of force against aperson with the intent to cause death or serious bodilyharm, 42 U.S.C. S 3796ii et seq.

31

1. American University, Office of Justice Programs DrugCourt Clearinghouse and Technical Assistance Project,Tribal Court Activity Update of December 2000.

2. Hubbard, R., Marsden, M., Rachel J., Harwood, H.,Cavanaugh, E., and Ginzburg, H. Drug Abuse Treatment:A National Study of Effectiveness. Chapel Hill:University of North Carolina Press, 1989.

3. See the Practical Guide for Applying FederalConfidentiality Laws to Drug Court Operations preparedby the Drug Court Clearinghouse and TechnicalAssistance Project at American University, funded andpublished by the U.S. Department of Justice, Office ofJustice Programs.

Notes

33

The following publications may be ordered from:

The National Criminal Justice Reference ServiceP.O. Box 6000 Rockville, MD 20849–6000Phone (800) 851–3420 Fax (301) 519–5212 Website: http://puborder.ncjrs.org

Title NCJRS Number

Healing to Wellness Courts: A Preliminary Overview NCJ 178907

Promising Practices and Strategies to Reduce Alcohol and Substance Abuse Among American Indians and Alaska Natives NCJ 183930

Looking at a Decade of Drug Courts NCJ 171140

Defining Drug Courts: The Key Components NCJ 165478

1997 Drug Court Survey Report Executive Summary NCJ 168280

Drug Court Resources Series Practical Guide for Applying Federal Confidentiality Laws to Drug Court Operations NCJ 176977

Juvenile and Family Drug Courts: An Overview NCJ 171139

Guideline for Drug Courts on Screening and Assessment NCJ 171143

Drug Court Monitoring, Evaluation, and Management Information Systems NCJ 171138

Drug Court Identification and Testing in the Juvenile Justice System NCJ 167889

National Association of Drug Court Professionals901 North Pitt Street, Suite 370 Alexandria, VA 22314 Phone (703) 706–0576 Fax (703) 706–0577

NADCP Tribal Mentor Courts: A Regional Approach to Provide Training and Technical Assistance to Native American Healing to Wellness Courts by Native American Healing to Wellness Courts

Recommended Reading List

National Drug Court Institute901 North Pitt Street, Suite 370 Alexandria, VA 22314 Phone (703) 706–0576 Fax (703) 706–0577

Research on Drug Courts: A Critical Review, CASA, 1998

Notre Dame Law Review, “Therapeutic Jurisprudence and the Drug Treatment Court Movement,” Vol. 74, 2, January 1999

NDCI Fact Sheet, No. 1: Family Drug Courts; An Alternative Approach to Processing Child Abuse and Neglect Cases

Federal Confidentiality Laws and How They Affect Drug Court Practitioners, 1999

Drug Courts: A Research Agenda, 1999

Drug Court Publications: Resource Guide, 1999

DUI/Drug Courts: Defining a National Strategy, Monograph #1, 1999

Development and Implementation of Drug Court Systems, Monograph #2, 1999

Drug Courts: A Revolution in Criminal Justice

OJP Drug Court Clearinghouse and Technical Assistance Project4400 Massachusetts Ave, N.W., Washington, D.C. 20016-8159 Phone (202) 885–2875 Fax (202) 885–2885Justice Program Office Clearinghouse Reference Collection Website: www.american.edu/justice

Tribal Drug Court Operational Materials

Drug Testing in a Drug Court Environment: Common Issues to Address (Robinson & Jones)

Applying Drug Court Concepts in the Juvenile and Family Court Environments: A Primer for Judges (McGee, Parnham, Merrigan, Smith, & Cooper)

Drug Court Activity Updates

34


TAP 4 Coordination of Alcohol, Drug PHD583Abuse, and Mental Health Services

TAP 6 Empowering Families, Helping BKD81 Adolescents: Family-Centered Treatment of Adolescents with Alcohol, Drug Abuse, and Mental Health Problems

TAP 8 Relapse Prevention and the BKD121 Substance-Abusing Criminal Offender

TAP 9 Funding Resource Guide for BKD152Substance Abuse Programs

TAP 10 Rural Issues in Alcohol and PHD662 Other Drug Abuse Treatment

TAP 11 Treatment for Alcohol and Other PHD663 Drug Abuse: Opportunities for Coordination

TAP 13 Confidentiality of Patient Records BKD156for Alcohol and Other Drug Treatment

TAP 17 Treating Alcohol and Other Drug BKD174Abusers in Rural and Frontier Areas

TAP 18 Checklist for Monitoring Alcohol PHD722and Other Drug Confidentiality Compliance

TAP 19 Counselor’s Manual for Relapse PHD723 Prevention With Chemically Dependent Criminal Offenders

TAP 20 Bringing Excellence to Substance BKD220 Abuse Services in Rural and Frontier America

TAP 23 Substance Abuse Treatment for BKD310 Women Offenders: Guide to Promising Practices

The National Clearinghouse for Alcohol and Drug InformationPhone (800) 729–6686 Fax (301) 468–6433

TIP # Title Reference #

TIP 3 Screening and Assessment of BKD108Alcohol- and Other Drug-Abusing Adolescents

TIP 4 Guidelines for the Treatment of BKD109 Alcohol- and Other Drug-Abusing Adolescents

TIP 7 Screening and Assessment for BKD138Alcohol and Other Drug Abuse Among Adults in the Criminal Justice System

TIP 8 Intensive Outpatient Treatment BKD139for Alcohol and Other Drug Abuse

TIP 9 Assessment and Treatment of BKD134 Patients with Coexisting Mental Illness and Alcohol and Other Drug Abuse

TIP 12 Combining Substance Abuse BKD144Treatment with Intermediate Sanctions for Adults in the Criminal Justice System

TIP 17 Planning for Alcohol and Other BKD165Drug Abuse Treatment for Adults in the Criminal Justice System

TIP 19 Detoxification from Alcohol and BKD172Other Drugs

TIP 21 Combining Alcohol and Other BKD169 Drug Abuse Treatment With Diversion for Juveniles in the Justice System

TIP 23 Treatment Drug Courts: Integrating BKD205Substance Abuse Treatment with Legal Case Processing

TAP 1 Approaches in the Treatment of PHD580Adolescents with Emotional and Substance Abuse Problems

TAP 2 Medicaid Financing for Mental PHD581 Health and Substance Abuse Services for Children and Adolescents

TAP 3 Need, Demand, and Problem PHD582 Assessment for Substance Abuse Services

Bureau of Justice AssistanceInformation

For more indepth information about BJA, its programs, and its funding opportunities, requesters can callthe BJA Clearinghouse. The BJA Clearinghouse, a component of the National Criminal Justice ReferenceService (NCJRS), shares BJA program information with state and local agencies and community groupsacross the country. Information specialists are available to provide reference and referral services, publicationdistribution, participation and support for conferences, and other networking and outreach activities. Theclearinghouse can be reached by:

❒ MailP.O. Box 6000Rockville, MD 20849–6000

❒ Visit2277 Research BoulevardRockville, MD 20850

❒ Telephone1–800–688–4252Monday through Friday8:30 a.m. to 7 p.m.eastern time

❒ Fax301–519–5212

❒ BJA Home Pagewww.ojp.usdoj.gov/BJA

❒ NCJRS Home Pagewww.ncjrs.org

❒ [email protected]

❒ JUSTINFO NewsletterE-mail to [email protected] the subject line blankIn the body of the message,type:subscribe justinfo [your name]

U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Assistance

Washington, DC 20531*NCJ~188154*

Traci Haukland