Section TCT.06.05 — Determination Of Eligibility By Team And Admission For Participation

(a) When a case is referred, the Team will determine whether the Eligible Person should be admitted for participation in the Healing to Wellness Court. An Eligible Person must meet the following criteria:

(1) Be an Eligible Person accused of a crime or violation of law that is directly or indirectly related to substance abuse or addiction issues; and

(2) Be listed as a named party in a case originating in the Tribal Court or an Authorizing Jurisdiction.

(3) Be willing to participate in the Healing to Wellness Court.

(4) Any other eligibility requirements as outlined in the Handbook, which take into consideration the following factors:

(A) The needs of the tribal community.

(B) The professional competencies and operational limits of the Team.

(C) National best practices for rehabilitative or drug treatment courts, with particular focus on research and reporting from other tribal healing to wellness courts.

(b) If determined eligible, the Team will then make a recommendation to the Healing to Wellness Court on whether the Eligible Person should be admitted as a Participant. The judge participating in the Healing to Wellness Court makes the final decision on admission.

(c) Prior to admission, the Participant will be required to execute documentation agreeing to cooperate with and provide information to the Healing to Wellness Court for program purposes.

(d) The Healing to Wellness Court will issue an order documenting acceptance or rejection of referral once eligibility and admission are determined as provided for in TCT.06.04 (f).