This policy guide provides an overview of the Dependency Drug Court/Family Substance Abuse Treatment Program (DDC/FSATP) and includes instructions on how to identify and document possible participants for this program.

This policy guide was updated from the 07/01/14 version, to align with the Child and Family Team process and to update the services provided and eligibility for participation in the Dependency Drug Court (DDC) Program.

Dependency Drug Court (DDC)/Family Substance Abuse Treatment Program (FSATP)

The Dependency Drug Court (DDC) oversees clients in the Family Substance Abuse Treatment Program (FSATP). The two coordinate to assist parents in getting clean and staying sober. To participate, a parent must be under the Dependency Court’s jurisdiction, and the parent's substance use disorder must have been a major factor in their child’s removal from their care and custody.

The DDC/FSATP is a voluntary program requiring a commitment for one (1) year. Participants must sign an application, acknowledging the following:

• That graduation from the program does not guarantee the return of their child/children, but that it may increase the chance for family reunification.
• That participation in, and completion of the DDC/FSATP is not evidence of their successful completion of the Dependency Case Plan.

Organization and Services

Dependency Drug Court Teams are established for DDC/FSATP cases. Each DDC/Family Substance Abuse (FSA) Team is composed of the following individuals:

• Child/Youth’s attorney
• DCFS CSW
• County Counsel
• Hearing Officer
• Parent’s attorney
• Treatment provider

FSATP services to parents may include:

• Substance use disorder counseling, which may include random drug testing
• Domestic violence and family violence counseling
• Mental health services (individual counseling, preferably with a licensed therapist or registered intern under the supervision of a licensed therapist)
• One-on-one attention from CSWs to identify and address parents’ individual needs
• Residential and non-residential treatment
• Family Preservation
• Aftercare

Services recommended for the participating parent should be clearly outline in the case plan.

Participating Service Planning Areas (SPAs)

Only the following Service Planning Areas (SPAs), service providers, and courtrooms participate in the DDC/FSAT program:

• SPA 1/Lancaster and Palmdale, Tarzana Treatment Center, Department 426
• SPA 4/Metro North, Socorro (residential services) and Homeless Health Care of Los Angeles (outpatient services), Department 411
• SPA 6/Vermont Corridor, Special Services for Groups, Department 420
• SPA 7/Belvedere, Cal Hispanic, Department 410
• SPA 8/Torrance, Behavioral Health Services, Inc., Department 417

Cost

Participants who are admitted for treatment are screened to determine their ability to pay for a portion of their treatment services. Treatment will not be denied due to a participant’s inability to pay for services.

FSATP Hearings

DDC/FSATP participants must attend regularly scheduled, progress Court hearings to discuss their recovery status. FSATP hearings are initially held every two (2) weeks and become less frequent as a participant progresses in the program. Just prior to a hearing, a participating parent’s case is reviewed at an administrative staff team meeting.

A participating parent is expected to regularly attend review hearings with the Dependency Drug Court Teams and to bring their AA/NA slips and/or proof of attendance at other mandated programs. The parent will be brought before the Court at each hearing.

Team members will present the following to the Court during hearings:

• A brief written report from the CSW
• A treatment report from the provider
• Drug test results
• Any additional information that is pertinent to the participating parent’s progress

At the end of a hearing, the hearing officer will select the next hearing date, based on the parent’s progress and treatment phase. The only record of these hearings is a minute order stating that the parent appeared at the hearing and any orders issued by the hearing officer. The parent will receive verbal information regarding the Team’s expectations as well as a reminder of the next hearing date.

DDC/FSATP Case Criteria

Cases that involve the following are eligible for DDC/FSATP:

• Parents who have a substance use disorder that is an overriding factor and when there is acknowledgment of a substance abuse problem and when a petition (detained or non-detained) has been filed in Dependency Court.
• Parents with a history of failed family reunification services as long as the parents are currently receiving Family Maintenance or Family Reunification services.
• Parents without any open criminal case that would conflict with Dependency Court issues.
  • Participating parents may only have non-violent/felony convictions that would not conflict with dependency case issues.  This will be assessed on a case-by-case basis.
  • In cases of domestic violence where the applicant is the primary aggressor, an assessment will be completed to ensure that the alleged abuser does not use the program to gain information/access to the victim parent.

Parents must not have a severe and persistent mental health illness that would interfere with their Dependency Court issues. This will be assessed on a case-by-case basis.

No cases involving sexual abuse will be accepted when the participant is the abuser.

Child and Family Team (CFT) Meetings

CFT meetings (CFTMs) provide the opportunity to inform parents of available substance abuse treatment resources, and to introduce them to DDC/FSATP. If the parent’s substance abuse is identified during a CFTM, the CSW or facilitator will provide the parent with a DDC/FSATP flyer and notify the DDC SCSW.

The following steps will be taken to encourage potential DDC cases to participate in the FSATP:

• The ER CSW will specify on the DCFS 174, Family Centered Referral and Services Form, that it is a potential Drug Court case by checking the “other” box on page four (4) of the DCFS 174 in the DCFS Specialized Services Recommended for the Child/Family field.
• The CSW or designated DCFS staff will inform the Family Substance Abuse Team of the date, time, and location of the CFTM.
• The CSW or designated DCFS staff will provide parents information about DDC/FSATP.
• If present at the CFTM, a service provider may complete a screening and/or assessment of a parent with potential substance abuse to determine if they would benefit from an inpatient program, outpatient program, or further assessment.
• The CSW will identify the outcome of the CFTM and the parent’s willingness/resistance to enter an appropriate treatment program in the court report.
• If a parent expresses interest in DDC/FSATP, the DDC CSW will refer them to the service provider’s intake coordinator for an assessment.
  • A case plan will be developed based on the results of the assessment and the parent will be referred for services.

Case Assignment and Transfer

Each Regional Office has an identified Dependency Drug Court (DDC) CSW and SCSW.

Once the ER CSW identifies a potential DDC case, the DDC SCSW will advise the ER SCSW to make a secondary assignment of a DDC CSW on CWS/CMS. Upon completion of emergency response services, all DDC cases are transferred to the designated DDC CSW.

If a potential DDC case is not accepted to DDC/FSATP, the DDC SCSW will assign the case to a non-Drug Court CSW within the unit or return the case to the Transfer Desk for reassignment.

If a case is not assigned to a Drug Court courtroom and the parent wishes to participate in Drug Court, the case an be transferred to a Drug Court courtroom if the following two (2) conditions apply:

1. The drug court supervisor and county counsel have reviewed the case and determined that it is an appropriate case for Drug Court, and
2. The parent resides in the catchment area.

Court Information and Forms

All forms that are required for a parent to participate in the DDC/FSATP must be completed at Court by the parent and their attorney. The CSW cannot complete any legal forms with the clients.

• For cases that are accepted prior to the disposition, a participant is “not officially accepted” until a disposition is reached.
• A participant may, however, participate in the DCC/FSATP prior to the disposition.

The parent’s attorney will discuss the DDC/FSATP with them. If the parent agrees to voluntarily participate, the attorney will have the parent fill out and sign the DDC/FSATP participant and enrollment forms. The following three (3) forms must also be signed and submitted to the Court:

• Agreement form
• Personal History of the Applicant form
• Consent for Disclosure of Confidential Substance Abuse Treatment Information

Upon receipt, the Court will identify the case as a Dependency Drug Court case. If the parent does not wish to participate in the program, the Court cannot make the parent participate and the case will not become a DDC case.

Identifying Dependency Drug Court Cases and Reporting to IDC

ER CSW Responsibilities

1. Review the case with the Drug Court CSW or SCSW.
2. Invite the Drug Court CSW or SCSW to participate in the Staff Engagement between the ER CSW and the SCSW, when appropriate.
3. Obtain approval to send the case to Drug Court.
   • If the case is not determined to be a Drug Court case at the time of detention, but drugs are a main issue of concern, the case may be re-assessed for referral to the Drug Court.
4. Notify Intake and Detention Control (IDC) that the case is a Drug Court case.
   1. In the IDC Petition Tracking System: check the box for “Parent Drug Court” beneath the Child’s Gender dropdown menu, and under “Abuse Type,” check the box for “Drug Abuse (MO, FA, PARENTS, REL, NREFM, CHILD).”
   2. At the very bottom of the IDC Petition Tracking System screen, in the "Comments" text box, provide the name of the Drug Court SCSW and /or CSW who approved the case to be handled as a Drug Court case.
5. Clearly identify the case in the Detention Report's "Children's Whereabouts" section as a “Drug Court Case.”

DDC CSW Responsibilities

1. Discuss the Drug Court Program with the potential participant to determine eligibility and their willingness to participate.
2. For eligible clients who agree to participate in the Drug Court Program, complete the Family Dependency Drug Court referral form.
   1. Fax the form to the designated service provider to obtain an intake appointment for the client.

IDC CSW Responsibilities

1. Type “Drug Court Case” and the designated courtroom on the face of the petition.
2. Identify all Drug Court Cases on the IDC Daily Detention Calendar.

Drug Court CSW and SCSW

• Cases sent to the Drug Court Program

Attachments

Family Dependency Drug Court Network Contacts for Program Admissions

Forms

CWS/CMS

DCFS 174, Family Centered Referral and Services Form

LA Kids

DCFS 174, Family Centered Referral and Services Form

DCFS 6006A, Clinical Assessment Provider Referral

Family Dependency Drug Court Referral

Referenced Policy Guides

0070-521.10, Assessment of Drug and Alcohol Use/Abuse

0070-548.01, Child and Family Teams

0080-502.10, Case Plans

0080-502-25, Court Family Maintenance and Voluntary Family Maintenance