A. When directed by the court, the family drug court treatment staff shall make a family drug court assessment of the deprived child or children and the family under consideration to determine whether:

1. Reunification is the permanency plan for the child or children and that reunification with the parent, parents or legal guardian is in the best interest of the child or children; and

2. The alcohol or substance abuse of the parent, parents or legal guardian is a substantial contributing condition to the adjudication of a child or children as deprived.

B. 1. The family drug court assessment shall be conducted through a standardized screening test and personal interview. A more comprehensive evaluation may take place at the time the family enters the treatment portion of the program and may take place at any time after placement in the program.

2. The family drug court assessment shall determine the elements of the family drug court treatment plan which the parent, parents or legal guardian shall be required to comply with if admitted to the program. Any subsequent assessments or evaluations by the treatment provider may be used to determine modifications needed to the original family drug court treatment plan.

3. The family drug court assessment shall include, but not be limited to, the following information:

a.the age and physical condition of the child or children,

b.family employment,

c.educational background and literacy level,

d.community and family relations,

e.prior and current drug and alcohol use,

f.behavioral health and medical treatment history,

g.demonstrable motivation of the family, and

h.other mitigating or aggravating factors.

C. When a family is determined to be appropriate for admittance to the program, regardless of whether the child or children are in the custody of the Department of Human Services, the treatment staff shall make a recommendation for the treatment program or programs that are available in the jurisdiction and which would benefit the family and child or children.

D. 1. Any statement made by the parent or legal guardian to any supervising staff during the course of any drug court assessment and subsequent to the admission of the parent or legal guardian to the family drug court program, as well as any report of findings and recommendations, shall not be admissible in any other case pending against the parent or legal guardian, nor shall such be grounds for the revocation of a parent or legal guardian from the program.

2. The restrictions provided in this section shall not preclude the admissibility of statements or evidence obtained by the state from independent sources.

Added by Laws 2010, c. 278, § 8, eff. Nov. 1, 2010.