Coushatta Tribe of Louisiana Judicial Codes
Approved: 1998; Last amended: 2004
TITLE V - ALCOHOLISM AND DRUG ABUSE TREATMENT
Section 1. Findings and Purposes. The Coushatta Tribe finds
that existing programs are not adequate to prevent alcohol and drug
abuse among Coushatta Indians and that a tribal program of education,
treatment and rehabilitation services can make a constructive contribution
toward the elimination of alcohol and drug abuse in the Tribe. The purpose
of this title is to provide for a tribal rehabilitation program as an
alternative to the prevention and control of alcoholism through tribal,
state, or federal criminal law enforcement.
Section 2. Establishment of Alcohol & Drug Treatment Department.
There is hereby established a Coushatta Alcoholism and Drug Treatment
Department with such staff and facilities as the Coushatta Tribal Council
shall authorize. Subject to the overall supervision of the Tribal Council,
the Department shall (1) administer programs for the rehabilitation
of alcoholics and drug abusers and programs of an educational and informational
nature on alcoholism and alcohol and drug abuse; (2) cooperate with
Federal, State, County, Municipal and Private agencies and with practitioners
of traditional Coushatta medicine in making arrangements for the treatment
and care of alcoholics and drug abusers; (3) obtain fluids from any
public or private source to carry on its programs, subject to approval
by the Coushatta Tribal Council of any contract, grant, or other obligation
binding the Tribe.
Section 3. Assistance for Intoxicated Persons. The Coushatta
Public Safety Department shall assist any intoxicated person or person
under the influence of drugs to his home or to any appropriate treatment
facility within the vicinity of the Reservation if the person requests
such assistance, or is in immediate need of emergency medical attention
or appears unable to make a rational decision when such a person withholds
consent, he may be detained for necessary emergency care but unreasonable
force shall not be used. Whenever the Public Safety Department provides
such emergency assistance, it shall promptly notify the family or next-of-kin
and the Alcoholism and Drug Treatment Department. Detention hereunder
shall not be considered as an arrest for any purpose, and a Police Officer
acting hereunder is acting in the course of official duty and shall
not be criminally or civilly liable for such action.
Section 4. Involuntary Commitment of Alcoholics. Upon
application by a physician, relative, or the Alcoholism Treatment Department,
the Coushatta Court may order the detention of any tribal member (or
any member of another Tribe resident on the Reservation) for treatment
if it finds that such person has lost the power of self-control with
respect to the use of alcoholic beverages or drugs and is likely to
inflict physical harm on himself or others, provided that no such detention
shall exceed five days unless a formal hearing is held. Any such application
shall state the facts to support the need for emergency treatment and
shall be accompanied by a physician's certificate stating that he has
examined such person within two days before the certificate's date and
facts supporting the need for emergency treatment. When a hearing is
held upon an application for detention, the Court shall hear all relevant
testimony, including, if possible, the testimony of at least one physician
who has examined the person whose commitment is sought. The person shall
be present unless the Court has reason to believe that his presence
may be injurious to him and shall have the right to be represented by
counsel at his own expense. If the Court finds that grounds for involuntary
commitment have been established by clear convincing proof, it shall
issue an order providing that the person shall be detained for a period
not in excess of four moons and shall designate the Alcoholism and Drug
Treatment Department or another appropriate treatment agency to be responsible
for treating the person during the period of detention. No person shall
be detained after such a formal hearing unless the Court has determined
that the Department or other agency designated on its order is able
to provide adequate and appropriate treatment which is likely to be
beneficial. The person shall be discharged at the expiration of the
period specified in the order or sooner in case the treatment agency
determines that the facts supporting commitment no longer exist or that
further treatment will not be likely to bring about significant improvement
in the person's condition.
Section 5. Confidentiality. The records of the Alcoholism
and Drug Treatment Department pertaining to all persons requesting,
receiving, or committed for treatment shall remain confidential and
shall not be disclosed by the Department.
Section 6. Emergency Service Patrol. The Alcoholism and
Drug Treatment Department may establish emergency service patrols, consisting
of volunteer members of the Tribe or of another Indian tribe who are
trained to give assistance to persons who are intoxicated or under the
influence of drugs. The members of such patrols shall be trained to
provide first aid and shall be responsible for transporting such persons
to their homes or to appropriate treatment facilities.
Section 7. Severability. If any provision of this Title
or the application thereof to any person or circumstances is held invalid,
the invalidity thereof does not affect other provisions or applications
of this Title.