NCJ Number
231498
Journal
Juvenile and Family Court Journal Volume: 61 Issue: 1 Dated: Winter 2010 Pages: 55-62
Date Published
2010
Length
8 pages
Annotation
This study examines sanctions in Family Drug Treatment Courts (FDTC).
Abstract
We all know that sanctions and rewards are essential parts of the success of FDTC, but no one is clear about what these sanctions and rewards should be. Each local court has its own set of sanctions and rewards, many borrowed from criminal drug courts, some created by available resources within the community. Now the California Supreme Court has made the decision about sanctions more complex with its decision in "In re Nolan W." holding that imprisonment cannot be used as a sanction in the FDTC. What are permissible sanctions in an FDTC? After "In re Nolan W.," are fines or community service permissible? What about a reduction in visitation? What guidance has the California Supreme Court given trial courts in these areas? This article will try to bring some clarity to these questions and also offer a framework for trial courts to consider regarding the most effective use of sanctions in FDTCs. The article concludes that imprisonment is an unnecessary sanction in FDTCs, and that sanctions in these courts should be guided solely by treatment considerations. (Published Abstract)