Holiday Inn Express, Bismarck, ND
April 20, 2007
Justice Mary Muehlen Maring, Chair
Judge Karen Braaten
Judge Doug Mattson
Brandi Sasse Russell
Judge Wade Webb
The Juvenile Drug Court Advisory Committee met at the Holiday Inn Express, in Bismarck, on April 20, 2007.
It was moved to approve the minutes of April 21, 2006, by Judge Mattson and seconded by Judge Webb. Motion carried.
Sue Lass reported for the Fargo team. Fargo currently has ten participants in its program. During this reporting period Fargo has had one graduation and two terminations.
The Mentoring Program with the Fargo Police Department continues to provide one-on-one mentoring and group projects. Participants have a possibility of employment with the Fargo Parks and Recreation District during the summer months.
Judge Webb and Sue Lass attended a symposium on Underage Drinking facilitated by former Governor Sinner. The participants from East Central Juvenile Drug Court also attended the symposium.
Summer projects for the participants include the River Cleanup, Writing Class and possibly some music classes.
Jackie Presley reported for the Bismarck team. Bismarck currently has eight participants in its program. Jackie is coordinating a Life Skills Program for the participants. They meet 1-2 times per week at the Bismarck Public Library. Participants will work on homework, resumes, college preparation work and develop new community service projects during the summer months.
Brad Peterson received a $1,400 donation from the Good Shepherd Lutheran Church to be used for projects in the drug court program.
Youthworks has invited the Native American juvenile drug court participants to attend a new program they have developed involving Native American culture.
Mike Pesch reported for the Grand Forks team. There are currently eight participants in the program. The team and participants will celebrate National Drug Court Month and the court's 7th Anniversary with a Bowling Tournament on May 10th. The participants will be involved in photo journaling and scrapbooking for a summer project. Two participants have had employment opportunities with Applebee's in Grand Forks. The YMCA is providing the Grand Forks Drug Court participants with a $5 membership fee to the YMCA. The participants also have the opportunity to participate in a guitar program with juvenile court.
Val Potter reported on the Minot Juvenile Drug Court. Minot began operation on January 18, 2007 and currently has two participants. Val is the new coordinator for the Minot Juvenile Drug Court. Donations in the amount of $1000 have been received from the Kiwanis Club and St. Joseph's Hospital.
Marilyn Moe reported that Williston began training with the National Drug Court Institute in April. Judge David Nelson will serve as the primary judge, Marlyce Wilder as prosecutor, Peter Fureth as defense counsel, Jerry Chapman as treatment provider, Cory Collins as the school representative, Holly Webster as court officer, Jason Germundson as Williston Police Department representative. The court plans to begin operation in January of 2008.
Destruction of juvenile drug court participant files. Under the Court Records Management Program, all juvenile court officer's working files are retained until the child reaches age 18 or meets all conditions, whichever is later, except for documents governed by N.D.C.C. § 25-03.04. They are disposed of by shredding. Dr. Thompson, evaluator for the juvenile drug court program has requested that all drug court participants files be retained for two years following graduation or termination from the juvenile drug court program, or age 18, whichever is later. It was moved by John Grinsteiner and seconded by Judge Karen Braaten that a statement be added to the existing juvenile court officer's working file statement to read as: Retain until child reaches age 18 or meets all conditions, whichever is later, except for documents governed by N.D.C.C. § 25-03.3-04, and except for files of children who have participated in juvenile drug court. Those files including juvenile court and juvenile drug court working files are to be retained for two years from graduation or termination from the Juvenile Drug Court Program, or age 18, whichever is later. Motion carried.
Visitors in Courtroom - The committee discussed confidentiality issues with visitors in the courtroom. Consent forms from the Juvenile Drug Court Program Manual were reviewed. Judge Braaten will check on other models of confidentiality forms. Judge Webb suggested that the original Confidentiality Form for the courtroom be revised to add the 42 CFR statement at the bottom of the form. The form should also leave room for the participants to sign in agreement of any visitors. Each court will draft a new form and send a copy to Marilyn Moe.
Institutionalizing drug court - Justice Maring asked for the committee's opinion on institutionalizing the juvenile drug courts. Justice Maring had to leave the meeting at this time. Judge Braaten chaired the meeting in Justice Maring's absence. The judges in attendance asked to continue the discussion on institutionalizing drug court at the next advisory committee meeting.
Security in the Courtroom - Judge Webb asked the other courts if there has ever been any problems with not having security in the court room during juvenile drug court proceedings. The other courts do have security in the courtroom on occasion; especially if a participant is being sent to detention. But, there have not been any serious problems with security in the court room. Marilyn Moe requested input from other drug courts through the American University. It was the consensus of the courts that responded that they do have some security in the court room whether it is a police officer or bailiff. Mike Pesch from Grand Forks did report an incident in their court room during a juvenile drug court session. Judge Braaten made the suggestion that the teams discuss at their staffing what procedure they will take if an incident arises during a court session.
Juvenile Act - Detention Revision - A revision Section 8. Amendment. 27-20-14. The following revision was approved by the legislature on April 13, 2007.
2. If a child is participating in a juvenile drug court program, the drug court may order the child detained. The child may be detained twice during the child's participation in the program but the total period of detention under this subsection may not exceed four days in one-year period.
Revised Program Manual - The committee reviewed the changes submitted by the committee consisting of Judge Braaten, Jackie Presley, Sue Lass, and Marilyn Moe. It was moved on a motion by Judge Webb and seconded by Judge Mattson that the Policy Program Manual be approved with amendments. Motion carried.
Next meeting date: September 18, 2007, Grand Forks, ND.