7.7Family Treatment Court
In addition to the other state certified treatment courts authorized under the Revised Judicature Act of 1961, MCL 600.101 et seq.,1 “[t]he circuit court in any judicial circuit court may adopt or institute a family treatment court, pursuant to statute or court rules.” MCL 600.1099bb(1).
A “family treatment court” is defined as either of the following:
“(i) A court-supervised treatment program for individuals with a civil child abuse or neglect case and who are diagnosed with a substance use disorder.
(ii) A program designed to adhere to the family treatment court best practice standards promulgated by a national organization representing the interest of drug and specialty court treatment programs and the Center for Children and Family Futures, which include all of the following:
(A) Early identification, screening, and assessment of eligible participants, with prompt placement in the program.
(B) Integration of timely, high-quality, and appropriate substance use disorder treatment services with justice system case processing.
(C) Access to comprehensive case management, services, and supports for families.
(D) Valid, reliable, random, and frequent drug testing.
(E) Therapeutic responses to improve parent, child, and family functioning, ensure children’s safety, permanency, and well-being, support participant behavior change, and promote participant accountability.
(F) Ongoing close judicial interaction with each participant.
(G) Collecting and reviewing data to monitor participant progress, engage in a process of continuous quality improvement, monitor adherence to best practice standards, and evaluate outcomes using scientifically reliable and valid procedures.
(H) Continued interdisciplinary education in order to promote effective family treatment court planning, implementation, and operation.
(I) The forging of partnerships among other family treatment courts, public agencies, and community-based organizations to generate local support.
(J) A family-centered, culturally relevant, and trauma-informed approach.
(K) Ensuring equity and inclusion.” MCL 600.1099aa(c).
A.Adopting or Instituting a Family Treatment Court
“The circuit court shall not adopt or institute the family treatment court unless the circuit court enters into a memorandum of understanding with the prosecuting attorney, a representative of the bar specializing in family or juvenile law, a lawyer-guardian ad litem, a representative or representatives of the department, and a representative or representatives of community treatment providers.” MCL 600.1099bb(1).
Other parties that are considered necessary may be included in the memorandum of understanding, “such as a court appointed special advocate, local law enforcement, the local substance abuse coordinating agency for that circuit court, a mental health treatment provider, a domestic violence services provider, an Indian child’s tribe, or child and adolescent services providers.” Id. The memorandum of understanding must describe each party’s role. Id.
“A family treatment court operating in this state, or a circuit court in any judicial circuit seeking to adopt or institute a family treatment court, must be certified by the state court administrative office [SCAO]” according to procedures that SCAO must establish. MCL 600.1099bb(3). “[U]nder the direction and supervision of the supreme court,” SCAO must “include a family treatment court certified under this subsection on the statewide official list of family treatment courts.” Id.
“A family treatment court that is not certified under this subsection shall not perform any of the functions of a family treatment court, including, but not limited to, receiving funding under [MCL 600.1099ll].” MCL 600.1099bb(3). The state drug treatment court advisory committee shall monitor the effectiveness of family treatment courts. MCL 600.1082(10).
“A court that is adopting a family treatment court shall participate in training as required by [SCAO].” MCL 600.1099bb(2).
Each family treatment court must “collect and provide data on each individual applicant and participant in the program as required by [SCAO]” and must provide SCAO with all requested information. MCL 600.1099kk(1), (5).
Further, “[e]ach family treatment court shall report quarterly to [SCAO] on the funds received and expended by that family treatment court, in a manner prescribed by [SCAO].” MCL 600.1099ll(3).
“A family treatment court shall determine whether an individual may be admitted to the family treatment court. An individual does not have a right to be admitted into a family treatment court.” MCL 600.1099dd(1). “
“[A]dmission must be indicated as appropriate as a result of a preadmission screening, evaluation, or assessment with an evidence-based screening and assessment tool.” MCL 600.1099dd(2). An individual who seeks admission into a family treatment court “shall cooperate with and complete a preadmission screening, evaluation, or assessment, and shall agree to cooperate with any future evaluation or assessment as directed by the family treatment court.” Id.
“The court may request that the [DHHS] provide to the court information about an individual applicant’s child protective services history to determine an individual’s admission into the family treatment court.” MCL 600.1099dd(5). The DHHS must provide the information requested under MCL 600.1099dd(5) and the information required by MCL 722.627(1)(g). MCL 600.1099dd(5).
“Unless the family treatment court judge and the prosecuting attorney, in consultation with any known victim in the instant case, consent, a violent offender must not be admitted into a family treatment court.” MCL 600.1099dd(1). A “violent offender” is “an individual who is currently charged with or has pled guilty to an offense involving the death of or serious bodily injury to any individual, whether or not death or serious bodily injury is an element of the offense, or an offense that is criminal sexual conduct of any degree.” MCL 600.1099aa(i).
“An individual must not be admitted to a family treatment court if either of the following applies:
(a) The individual is currently charged with first degree murder . . . , or criminal sexual conduct in the first, second, or third degree . . . .
(b) The individual has been convicted of first degree murder . . . , criminal sexual conduct in the first degree . . . , or child sexually abusive activity . . . ” MCL 600.1099dd(1).
D.Preadmission Screening, Evaluation, or Assessment
“A family treatment court may hire or contract with licensed or accredited treatment providers in consultation and cooperation with the local substance abuse coordinating agency, the local community mental health service provider, and other such appropriate persons to assist the family treatment court in fulfilling its requirements under [MCL 600.1099aa to MCL 600.1099ll], including, but not limited to, the investigation of an individual’s background or circumstances, the clinical evaluation of an individual for the individual’s admission into or participation in a family treatment court, providing a recommended treatment modality and level of care, and providing evidence-based, family-centered treatment using an integrated, comprehensive continuum of care.” MCL 600.1099cc.
The preadmission screening, evaluation or assessment must include the seven elements identified in MCL 600.1099dd(2):
“(a) A complete review of the individual’s criminal history, and a review of whether or not the individual has been admitted to, has participated in, or is currently participating in a problem-solving court. The court may accept verifiable and reliable information from the prosecutor or the individual’s attorney to complete its review and may require the individual to submit a statement as to whether or not the individual has previously been admitted to a problem-solving court and the results of the individual’s participation in the prior program or programs.
(b) A complete review of the individual’s child protective services history.
(c) As much as practicable, a complete review of the individual’s civil record, including any records pertaining to divorce, custody, personal protection order, and extreme risk protection order proceedings.
(d) An assessment of the family situation, including any nonrespondent parent and family support.
(e) An assessment of the risk of danger or harm to the individual, the individual’s children, or the community.
(f) As much as practicable, a complete review of the individual’s history regarding the use or abuse of any controlled substance or alcohol and an assessment of whether the individual abuses controlled substances or alcohol or is drug or alcohol dependent. As much as practicable, the assessment must be a clinical assessment.
(g) A review of any special needs or circumstances of the individual that may potentially affect the individual’s ability to receive substance abuse treatment and follow the court’s orders.” MCL 600.1099dd(2).
“The information received for an assessment under [MCL 600.1099dd(2)] is confidential and must not be used for any purpose other than treatment and case planning.” MCL 600.1099dd(3).
Additionally, “[e]xcept as otherwise permitted in this act, any statement or other information obtained as a result of participating in a preadmission screening, evaluation, or assessment under [MCL 600.1099dd(2)] is confidential and is exempt from disclosure under the freedom of information act, [MCL 15.231 to MCL 15.246], and must not be used in a criminal prosecution, unless it reveals criminal acts other than, or inconsistent with, personal drug use.” MCL 600.1099dd(4).
1.All Potential Participants
“Before an individual is admitted into a family treatment court, the court shall find on the record, or place a statement in the court file all of the following:
(a) That the individual has a substance use disorder and is an appropriate candidate for participation in the family treatment court as determined by the preadmission screening, evaluation, or assessment.
(b) That the individual understands the consequences of entering the family treatment court and agrees to comply with all court orders and requirements of the family treatment court and treatment providers.
(c) That either the individual is not a violent offender or, subject to subdivisions (d) and (e), the family treatment court judge, the lawyer-guardian ad litem, and the prosecuting attorney, in consultation with any known victim in the instant case, consent to the violent offender being admitted to the family treatment court.
(d) The individual is not currently charged with first degree murder or criminal sexual conduct in the first, second, or third degree.
(e) The individual has never been convicted of first degree murder, criminal sexual conduct in the first degree, or child sexually abusive activity.
(f) That an individual has completed a preadmission screening, evaluation, or assessment under [MCL 600.1099dd] and has agreed to cooperate with any future evaluation or assessment as directed by the family treatment court.
(g) The terms and conditions of the agreement between the parties.” MCL 600.1099ee.
2.Potential Participants Who Have Been Adjudicated
“If the individual being considered for admission to a family treatment court is adjudicated in a civil child neglect and abuse case, the individual’s admission is subject to all of the following conditions:
(a) The allegations contained in the petition must be related to the abuse, illegal use, or possession of a controlled substance or alcohol.
(b) The individual must make an admission of responsibility to the allegations on the record.
(c) The individual must sign a written agreement to participate in the family treatment court.” MCL 600.1099ff.
“For an individual who is admitted to a family treatment court based on having an adjudicated child neglect or abuse case, the court shall accept the admission of responsibility to the allegations described in [MCL 600.1099ff].” MCL 600.1099gg(1)(a).
3.Jurisdiction Over Family Treatment Court Participants
“The court may place the [admitted] individual under court jurisdiction in the family treatment court program with terms and conditions as considered necessary by the court.” MCL 600.1099gg(1)(b).
G.Components of Family Treatment Court
Family treatment courts must provide participants with all of the following:
•Monitoring—“[c]onsistent, continual, and close monitoring of the participant and interaction among the court, treatment providers, department, and participant.” MCL 600.1099hh(1)(a).
•Drug testing—“[m]andatory periodic and random testing for the presence of any controlled substance, alcohol, or other abused substance in a participant’s blood, urine, saliva, or breath, using to the extent practicable the best available, accepted, and scientifically valid methods.” MCL 600.1099hh(1)(b).
•Progress evaluations—“[p]eriodic evaluation assessments of the participant’s circumstances and progress in the program.” MCL 600.1099hh(1)(c).
•Sanctions and rewards—“[a] regimen or strategy of appropriate and graduated but immediate rewards for compliance and sanctions for noncompliance, including, but not limited to, the possibility of incarceration or confinement.” MCL 600.1099hh(1)(d).
•Treatment services—“[s]ubstance abuse treatment services, including, but not limited to, family-centered treatment, relapse prevention services, mental health treatment services, education, and vocational opportunities as appropriate and practicable.” MCL 600.1099hh(1)(e).
“Any statement or other information obtained as a result of participating in an assessment, evaluation, treatment, or testing while in a family treatment court is confidential and is exempt from disclosure under the freedom of information act, [MCL 15.231 to MCL 15.246], and must not be used in a criminal prosecution, unless it reveals criminal acts other than, or inconsistent with, personal drug use.” MCL 600.1099hh(2).
“The family treatment court shall cooperate with, and act in a collaborative manner with, the prosecutor, representative of the bar specializing in family or juvenile law, treatment providers, lawyer-guardian ad litem, local substance abuse coordinating agency, department, and, to the extent possible, court appointed special advocate, local law enforcement, child and adolescent services providers, domestic violence services providers, Indian child’s tribe, and community corrections agencies.” MCL 600.1099gg(2).
“The family treatment court may require an individual admitted into the court to pay a reasonable family treatment court fee that is reasonably related to the cost to the court of administering the family treatment court program as provided in the memorandum of understanding under [MCL 600.1099bb].” MCL 600.1099gg(3).
“The family treatment court may request that the [DHHS] provide the court with information about an admitted individual’s child protective services history and updates on the individual’s compliance with child protective services for the purpose of determining an individual’s progress in and compliance with the family treatment court.” MCL 600.1099gg(4). The DHHS must provide the family treatment court with the information it requests under MCL 600.1099gg and with the information required under MCL 722.627(1)(g).” MCL 600.1099gg(4).
To continue participation in a family treatment court and to successfully complete a family treatment court program, an individual must pay any applicable family treatment court fee2 and “[c]omply with all court orders and case service plans[.]” MCL 600.1099ii(1)(a)-(b). The family treatment court may sanction violations of any court orders or case service plans “according to national and state recognized family treatment court best practices and standards.” Id.
Further, “[t]he family treatment court must be notified of any new neglect and abuse allegations against the participant or if the participant is accused of a crime.” MCL 600.1099ii(2). “The judge shall consider whether to terminate the participant’s participation in the family treatment court in conformity with the memorandum of understanding under [MCL 600.1099bb].” MCL 600.1099ii(2).
I.Successful Completion or Termination
“On completion of or termination from a family treatment court program, the court shall find on the record or place a written statement in the court file as to whether the participant completed the program successfully or whether the individual’s participation in the program was terminated and, if it was terminated, the reason for the termination.” MCL 600.1099jj(1). “All court proceedings under [MCL 600.1099jj] must be open to the public.” MCL 600.1099jj(4).
If a participant successfully completes family treatment court, the court must send notice to the DHHS of the completion and final disposition. MCL 600.1099jj(2). If a participant is terminated from the family treatment court program, the court must send notice to the DHHS of the termination. MCL 600.1099jj(3). The DHHS must record a participant’s successful completion or termination. MCL 600.1099jj(2)-(3).
“As directed by [SCAO], after an individual is discharged either on completion of or termination from the program, the family treatment court should conduct, as much as practicable, follow-up contacts with and reviews of participants for key outcome indicators, such as substance use, custody status of children, recidivism, and employment, as frequently and for a period of time determined by the state court administrative office based on the nature of the family treatment court and the nature of the participant. The follow-up contact and review of former participants is not an extension of the court's jurisdiction over the individual.” MCL 600.1099kk(4).
J.Collection and Provision of Information
“Each family treatment court shall collect and provide data on each individual applicant and participant in the program as required by [SCAO].” MCL 600.1099kk(1). See MCL 600.1099kk(2)-(3).
Information collected under MCL 600.1099kk concerning individual applicants to family treatment court and participants who successfully completed a family treatment court program is exempt from disclosure under the freedom of information act.” MCL 600.1099kk(7).
1 See the Michigan Judicial Institute’s Controlled Substances Benchbook, Section 10.3, and the Michigan Judicial Institute’s Juvenile Justice Benchbook, Section 1.8 for more information on the other treatment courts.
2 The court may waive all or part of the fee if it determines that the fee would be a substantial hardship or would interfere with the participant’s substance abuse treatment. MCL 600.1099ii(3).