1. A. When directed by the juvenile drug court judge, the treatment staff for the juvenile drug court program shall make an investigation of the juvenile under consideration to determine whether the juvenile is a person who:

   1. 1. Would benefit from the juvenile drug court program; and
   2. 2. Is otherwise appropriate for the juvenile drug court program.

2. B.

   1. 1. The juvenile drug court investigation shall be conducted through a standardized screening test, personal interview, and home study. A more comprehensive assessment may take place at the time the juvenile enters the treatment portion of the program and may take place at any time after placement in the juvenile drug court program.
   2. 2. The investigation shall determine the original treatment plan which the offender will be required to follow if admitted to the program. Any subsequent assessments or evaluations by the treatment provider, if the juvenile is admitted to the program, may be used to determine modifications needed to the original treatment plan.

   3. 3. The investigation shall include, but not be limited to, the following information:

      1. a. the age and physical condition of the juvenile,
      2. b. employment,
      3. c. educational background and literacy level,
      4. d. community and family relations,
      5. e. prior and current drug and alcohol use,
      6. f. mental health and medical treatment history, including substance abuse treatment history,
      7. g. demonstrable motivation,
      8. h. the willingness of the person responsible for the health or welfare of the juvenile, as defined in Section 7301-1.3 of Title 10 of the Oklahoma Statutes, to actively support the participation of the juvenile in the program, and
      9. i. other mitigating or aggravating factors.

3. C.

   1. 1. The juvenile drug court investigation shall be conducted after the initial hearing and before the hearing for final determination of eligibility for the juvenile drug court program.
   2. 2. When a juvenile is determined to be appropriate for admittance to the program, the treatment staff shall make a recommendation for the treatment program or programs that are available in the jurisdiction and which would benefit the juvenile and accept the juvenile.
   3. 3. Prior to the next scheduled hearing, the investigation findings and recommendations for program placement shall be reported to the juvenile drug court judge, the district attorney, the juvenile and the person responsible for the health or welfare of the juvenile, as defined in Section 7301-1.3 of Title 10 of the Oklahoma Statutes, and the defense attorney.

4. D.

   1. 1. The district attorney and the defense attorney for the juvenile shall independently review the findings and recommendations of the juvenile drug court investigation report.
   2. 2. For a juvenile to remain eligible for consideration in the program, both the district attorney and the defense attorney must accept the recommended treatment plan and shall negotiate the terms of the written plea agreement with all rehabilitation provisions specified before the scheduled hearing date for determining final eligibility.
   3. 3. Upon failure of the district attorney and defense attorney to negotiate the plea agreement, the case shall be withdrawn from the juvenile drug court program and processed in the traditional manner.
   4. 4. The rehabilitation provisions of the plea agreement shall emphasize reparation to the victim, community, and state.
5. E. The hearing to determine final eligibility shall be set not less than three (3) workdays nor more than seven (7) workdays from the date of the initial hearing for consideration, unless extended by the court.

Added by Laws 2005, HB 1405, c. 226, § 3, eff. November 1, 2005.