Healing Court Criteria


Criteria for Healing Court

Isabell Ides

Healing Court Coordinator

 

As word has gotten out about the Healing Court programs we have been asked, “What makes someone eligible to be a participant in the Healing Court?” It depends on the sector; currently we have three Adult, Family, and Juvenile. First to determine if an interested party is eligible to be part of the Healing Court there is a referral made to the Healing Court team by the Tribal Defense Attorney or Tribal Prosecutor. After the referral is made the Healing Court Team discusses the individual’s case and if they meet the criteria. If accepted into Healing Court a contract is set in place to transfer the current case to the appropriate Healing Court sector.

 

To be considered as a participant in Adult Healing Court one must:

      

Be a member of a federally recognized Indian Tribe or a LEKT Community Member;

        Have committed a non-violent crime;

        The offense was drug or alcohol related, or drug or alcohol is the underlying factor; such as:

               1. Supplying quantities of prohibited drugs;

                2. Possession and/or use of prohibited drugs;

                3. Breaking and Entering/Home Invasion;

                4. Vandalism;

                5. Trespass;

                6. Theft;

                7. Disorderly Conduct;

                8. DUI;

                9. Dangerous or reckless driving; and

                10. Any other offense where drugs or alcohol is the primary underlying factor

     Have a history of drug or alcohol use;

     Have the ability to comprehend and comply with the ʔəʔɬx̣ʷə nəxʷsƛ̕ay̕əm ɬw̕aw̕txʷ requirements; and

     Fall within the jurisdiction of the LEKT Tribal Court

 

To be considered for the Family Healing Court one must:

 

Be a member of a federally recognized Indian Tribe or a LEKT Community Member;

Be diagnosed as chemically dependent, clinically appropriate for admission and amenable to treatment.

Admit to the allegations of the Petition for custody, which will be the basis of the Court’s jurisdiction.

Agree to sign the Family Healing Court Contract and abide by the conditions set therein.

Be willing to cooperate with the Recovery Plan and all court ordered services. These could include but are not limited to: substance abuse/addiction treatment, parenting skills, employment assistance, and health care for self and family members.

Must not be involved in any methadone treatment, if involved in suboxone treatment must taper off within one month (before graduating phase one).

Be willing to abstain from drugs and alcohol and be willing to submit to regular and random urinalysis monitoring.

Not have any convictions of a violent felony. Violent misdemeanors will be considered on a case by case basis.

Be willing to consider a restraining order and observe the terms of the restraining order if a member of the household commits or has committed domestic violence against any family member.

Not have been charged or convicted of sexual abuse in any case.

Be over the age of 18.

Be willing to be completely honest in all communication with the ʔəʔɬx̣ʷə nəxʷsƛ̕ay̕əm ɬw̕aw̕txʷ Family Healing Court Team.

For the Juvenile Healing Court one must:

Be a member of a Federally-recognized Indian Tribe or a Lower Elwha Klallam Tribe Community member and meet one or more of the following criteria:

1. Be considered a youth a risk or committed a non-violent crime;

2. The offense was drug or alcohol related, or drug or alcohol is the underlying factor; such as:

  • Supplying quantities of prohibited drugs;
  • Possession and/or use of prohibited drugs;
  • Breaking and Entering/Home Invasion;
  • Vandalism;
  • Trespass;
  • Theft;
  • Disorderly Conduct;
  • Minor In Possession;
  • Runaway;
  • Truancy;
  • Dangerous or reckless Driving; and

3. Fall within the jurisdiction of the LEKT Tribal Court