1. A. The juvenile drug court judge shall make all judicial decisions concerning any case assigned to the juvenile drug court docket or program. The judge shall require progress reports and a periodic review of each juvenile during their period of participation in the drug court program or for purposes of collecting costs and fees after completion of the treatment portion of the program. Reports from the treatment providers and the supervising staff shall be presented to the drug court judge as specified by the treatment plan or as ordered by the court.
2. B. Upon the written or oral motion of the treatment provider, the district attorney, the defense attorney, the juvenile, 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, or the supervising staff, the juvenile drug court judge shall set a date for a hearing to review the progress of the juvenile and the treatment plan. Notice shall be given to 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 other parties participating in the drug court case three (3) days before the hearing may be held.
3. C. The judge may establish a regular schedule for progress hearings for any juvenile in the drug court program. The district attorney shall not be required to attend regular progress hearings, but shall be required to be present upon the motion of any party to a drug court case.
4. D. The treatment provider, the supervising staff, the district attorney, and the defense attorney shall be allowed access to all information in the drug court case file of the juvenile and all information presented to the judge at any periodic review or progress hearing.

5. E.

   1. 1. The drug court judge shall recognize relapses and restarts in the program which are considered to be part of the rehabilitation and recovery process.
   2. 2. The judge shall accomplish monitoring and juvenile accountability by ordering progressively increasing sanctions or providing incentives, rather than removing the juvenile from the program when relapse occurs, except when the conduct of the juvenile requires revocation from the program.
   3. 3. Any revocation from the drug court program shall require notice to 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 other participating parties in the case and a revocation hearing.
   4. 4. At the revocation hearing, if the juvenile is found to have violated the conditions of the plea agreement and disciplinary sanctions have been insufficient to gain compliance, the juvenile shall be revoked from the program and be sent to adjudication for the offense as provided in the plea agreement.
6. F. Upon application of any participating party to a drug court case, the judge may modify a treatment plan at any hearing when it is determined that the treatment is not beneficial to the juvenile. The primary objective of the judge in monitoring the progress of the juvenile and the treatment plan shall be to keep the juvenile in treatment for a sufficient time to change behaviors and attitudes. Modification of the treatment plan requires a consultation with the treatment provider, supervising staff, district attorney, and the defense attorney in open court.
7. G. The judge shall be prohibited from amending the written plea agreement after a juvenile has been admitted to the drug court program. Nothing in this provision shall be construed to limit the authority of the judge to remove a juvenile from the program and proceed with adjudication or traditional processing of the juvenile as stated in the plea agreement after application, notice, and hearing.
8. H. The juvenile drug court judge shall be authorized to modify the responsibilities of any person responsible for the health and welfare of the juvenile, as defined in Section 7301-1.3 of Title 10 of the Oklahoma Statutes, for noncompliance with any condition established by the court. The juvenile drug court judge is also authorized to sanction the person responsible for the health and welfare of the juvenile for noncompliance of such person with any condition established in the court.

Added by Laws 2005, HB 1405, c. 226, § 6, eff. November 1, 2005.