West Virginia Code 62-15B-1 – Oversight and implementation of family drug treatment courts
(a) The Supreme Court of Appeals of West Virginia may implement a Family Drug Treatment Court program.
Terms Used In West Virginia Code 62-15B-1
- Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oversight: Committee review of the activities of a Federal agency or program.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) Family drug treatment courts are specialized court dockets within the existing structure of West Virginia’s court system offering judicial monitoring of intensive treatment and strict supervision of individuals with substance use disorder involved in a child abuse and neglect case pursuant to §49-4-601, et. seq.
(c) The Supreme Court of Appeals of West Virginia may:
(1) Provide oversight for the distribution of funds for family drug treatment courts;
(2) Provide technical assistance to family drug treatment courts;
(3) Provide training for judges who preside over family drug treatment courts;
(4) Provide training to the providers of administrative, case management, and treatment services to family drug treatment courts; and
(5) Monitor the completion of evaluations of the effectiveness and efficiency of family drug treatment courts in the state.
(d) A state family drug treatment court advisory committee shall be established to:
(1) Evaluate and recommend standards for the planning and implementation of family drug treatment courts;
(2) Assist in the evaluation of their effectiveness and efficiency; and
(3) Encourage and enhance cooperation among agencies that participate in their planning and implementation.
(e) The committee shall be chaired by the Chief Justice of the Supreme Court of Appeals of West Virginia or his or her designee and shall include a circuit court judge who presides over a family drug treatment court; the Director of the Office of Drug Control Policy or the executive assistant to the director; Cabinet Secretary of the Department of Health and Human Resources or his or her designee; the commissioners or their designee of the following bureaus: the Bureau for Children and Families; the Bureau for Public Health; and the Bureau for Behavioral Health; the Executive Director of the West Virginia Prosecuting Attorneys Institute or his or her designee; the Executive Director of the West Virginia Public Defender Services or his or her designee; and the Executive Director of West Virginia CASA Association or his or her designee.
(f) Each circuit selected to establish a family drug treatment court shall establish and maintain a local family drug treatment court advisory committee. Each advisory committee shall ensure quality, efficiency, and fairness in the planning, implementation, and operation of the family drug treatment court or courts that serve the jurisdiction or combination of jurisdictions. Advisory committee membership shall include, but shall not be limited to the following people or their designees:
(1) The family drug treatment court judge;
(2) The prosecuting attorney of the county;
(3) The public defender or a member of the county bar who represents individuals in child abuse and neglect cases;
(4) The Community Service Manager of the Bureau of Children and Families of the Department of Health and Human Resources;
(5) A court appointed special advocate, as applicable; and
(6) Any other individuals selected by the family drug treatment court advisory committee.