1. A. The court is hereby authorized to establish a juvenile drug court similar to the authority of the Oklahoma Drug Court Act for the purpose of treating alleged or adjudicated juveniles who have a substance abuse disorder. The Department of Mental Health and Substance Abuse Services shall assist in the establishment of juvenile drug courts.

2. B. At the hearing to defer delinquency adjudication proceedings for consideration of a juvenile for a juvenile drug court program, the district judge shall determine whether:

   1. 1. Any statutory preclusion, other prohibition, or program limitation exists and is applicable to considering the juvenile for the program;
   2. 2. The person responsible for the health or welfare of the juvenile, as defined by Section 7301-1.3 of this title, will actively support the participation of the juvenile in the program; and
   3. 3. The juvenile and the person responsible for the health or welfare of the juvenile consent to treatment as part of the juvenile’s participation in a juvenile drug court program, including residential treatment, if residential treatment is deemed necessary and appropriate by the drug court team.
3. C. The district attorney may object to the consideration of a juvenile for the juvenile drug court program at the initial hearing.
4. D. If the juvenile and the person responsible for the health or welfare of the juvenile voluntarily consent to be considered for the juvenile drug court program and have signed and filed the required form requesting consideration, the court may refer the juvenile for a juvenile drug court investigation as provided in Section 3 of this act and set a date for a hearing to determine final eligibility for admittance into the program.
5. E. As a condition of participation in the juvenile drug court program, the juvenile shall stipulate to the facts of the case and the plea agreement shall specify the provisions and conditions of traditional processing should the juvenile be revoked from the drug court program.
6. F. Upon denial for consideration in the juvenile drug court program at the initial hearing, the case shall proceed as authorized by the Juvenile Code.

Added by Laws 1998, SB 1103, c. 33, § 1, emerg. eff. April 1, 1998; Amended by Laws 2005, HB 1405, c. 226, § 2, eff. November 1, 2005 (superseded document available).