MCL 600.1099bb provides, in relevant part, the statutory basis for the creation of family treatment courts:
“The circuit court in any judicial circuit may adopt or institute a family treatment court, pursuant to statute or court rules.” MCL 600.1099bb(1).
Family treatment courts must be certified by SCAO before performing the functions of a family treatment court. MCL 600.1099bb(3). See Section 10.3(D).
B.Adopting or Instituting a Family Treatment Court
“The circuit court shall not adopt or institute the family treatment court unless the circuit court enters into a memorandum of understanding with the prosecuting attorney, a representative of the bar specializing in family or juvenile law, a lawyer-guardian ad litem, a representative or representatives of the department, and a representative or representatives of community treatment providers.” MCL 600.1099bb(1).
Other parties that are considered necessary may be included in the memorandum of understanding, “such as a court appointed special advocate, local law enforcement, the local substance abuse coordinating agency for that circuit court, a mental health treatment provider, a domestic violence services provider, an Indian child’s tribe, or child and adolescent services providers.” Id. The memorandum of understanding must describe each party’s role. Id.
A court adopting a family treatment court must participate in training required by SCAO. MCL 600.1099bb(2).
C.Hiring or Contracting with Treatment Providers
“A family treatment court may hire or contract with licensed or accredited treatment providers in consultation and cooperation with the local substance abuse coordinating agency, the local community mental health service provider, and other such appropriate persons to assist the family treatment court in fulfilling its requirements . . . .” MCL 600.1099cc.
D.Collection of Data and Program Maintenance
SCAO requires “[e]ach family treatment court [to] collect and provide data on each individual applicant and participant in the program,” and “[SCAO] is responsible for evaluating and collecting data on the performance of family treatment courts . . . .” MCL 600.1099kk(1), (6).
Additionally, SCAO requires family treatment courts to maintain files or databases on each individual participant in the program for review and evaluation. MCL 600.1099kk(3). This information should be maintained in the court files and should, as much as practicable, include all of the following:
“(a) Location and contact information for each individual participant, on admission and termination or completion of the program for follow-up reviews, and third-party contact information.
(b) Significant transition point dates, including dates of referral, enrollment, new court orders, violations, detentions, changes in services or treatments provided, discharge for completion or termination, any provision of after-care, and after-program recidivism.
(c) The individual’s precipitating adjudication and significant factual information, source of referral, and all family treatment court evaluations and assessments.
(d) Treatments provided, including the intensity of care or dosage, and the outcome of each treatment.
(e) Other services or opportunities provided to the individual and resulting use by the individual, such as education or employment and the participation of and outcome for that individual.
(f) Reasons for discharge, completion, or termination of the program.
(g) Outcomes related to reunification and placement of a child or children.” MCL 600.1099kk(3).