November 2017

This project was supported by Award No. 2015-MU-MU-K011 awarded to the Indian Country Child Trauma Center, University of 

Oklahoma Health Sciences Center, by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs

https://www.tribalyouthprogram.org
OJJDP Tribal Youth Training and Technical Assistance Center

Tribal Juvenile Healing to Wellness Handbook

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Table of Contents:

INTRODUCTION

PART 1: PLANNING

Stakeholder Identification (P. 9)

Engaging key community members in the development of a relevant court process. 

Community Engagement (P. 12)

Implementing processes to support community buy-in and sustainability.

Team Players (P. 17)

Coordinating efforts from varied disciplines. Identifying the roles to support youth participants.

Action Plans (P. 23)

Building a foundation and taking steps toward effective implementation.

PART 2: IMPLEMENTATION

Initiating Processes (P. 31)

Developing policies and practices to engage youth participants.

Screening and Assessment for Case Planning (P. 39)

Identifying participant needs and strengths for effective case planning.

The Phased System (P. 48)

Applying intensive and culturally appropriate judicial intervention to support tribal youth. 

PART 3: SERVICE PROVISION FOR TRIBAL YOUTH

Case Management (P. 62)

Cultivating effective methods for case management and team collaboration. 

Evaluation (P. 66)

Improving systems through reflections, trends, and lessons learned. 

Sustainability (P. 70)

Planning for the future. 

Trauma Informed Care (P. 73)

Working to create a safe environment where youth thrive. 
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INTRODUCTION:

The Tribal Juvenile Healing to Wellness Court is a transformative judicial process that may 

be categorized within the growing number of “problem-solving” courts. Generally, problemsolving courts, are specialized courts that work to support identified populations with therapeutic 

interventions, targeted judicial responsiveness, and multi-disciplinary approaches. Problemsolving courts develop and provide coordinated and supportive responses to assist with the 

challenges faced by particular populations based on known trends, evidence, themes and historic 

judicial outcomes. The development of these courts has been birthed out of the necessity to 

reduce recidivism, increase community safety, and bolster the effectiveness of the judicial system 

with effectual methodologies for targeted populations. Examples of problem solving courts

include but are not limited to: the adult drug court, the adult wellness court, the juvenile drug 

court, homelessness court, domestic violence court, etc., to learn more about specialized courts 

you can visit Crime Solutions.gov, https://www.crimesolutions.gov/TopicDetails.aspx?ID=49

There is no one singular definition or type of Tribal Juvenile Healing to Wellness Court. 

Generally, the Tribal Juvenile Healing to Wellness Court applies focused judicial responsiveness

in conjunction with treatment, mentorship, cultural connectivity, and community engagement to 

support youth sobriety, wellness and future autonomy. A holistic and individualized case plan is 

developed to support the wellness and healing of the individual while also providing for judicial 

accountability. Like other problem-solving courts, the Tribal Juvenile Healing to Wellness Court 

(TJHWC) utilizes evidence both traditionally known (indigenous knowledge) as well as those of 

the western body of knowledge to support tribal youth on a path to wellness, health and 

community belonging. 

This handbook is designed to support both newly developing and established Tribal 

Juvenile Healing to Wellness Courts. Sections are designed to support teams that may be 

working through a strategic planning process to implement or expand a TJHWC. This handbook 

is provided as an introductory resource and does not make final determinations related to the 

components that should be included within all TJHWC. We know that tribal communities are 
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unique and varied. There is no resource that can be an exhaustive guide to the many processes, 

components, and methodologies that may be necessary to support a unique tribal community. 

Therefore, individualized resource support, technical assistance, and team inquiry should be 

conducted as needed to best support the increased capacity and strength of a TJHWC. The 

reader will notice that both Tribal and Non-Tribal resources, information, and guidance are 

included within this handbook. The information contained within is much like many of the TJHWC

that are in operation today, incorporating a body of both western and indigenous/traditional 

knowledge to support the well-being, health, and healing of Tribal Youth. Tribal communities 

should feel empowered to utilize all knowledge supportive of the needs of their unique tribal 

youth. As such, the handbook includes many resources from across the body of knowledge

related to youth behavior, development, and best practices related to juvenile drug treatment 

and wellness courts. 

Note on supportive resources: The reader will also notice the substantial incorporation of 

two distinct resources: 

1. The “Tribal Healing to Wellness Courts Ten Key Components, 2

nd Ed.,” developed by 

the Tribal Law and Policy Institute. The Tribal Ten Key Components are foundational 

elements that have been identified to support Tribal Wellness Courts. These 

components have been identified as some of the most foundational elements 

supportive of a wellness court system and have been identified within operational 

tribal wellness courts throughout Indian Country. They are therefore referenced 

throughout this handbook. Please look for the key symbol: 🔑 along with a numerical 

character. The key symbol along with a numerical character will denote a key 

component which can be reviewed further within the “Tribal Healing to Wellness 

Courts Ten Key Components, 2nd Ed.” (2014) Learn more about the Key Components 

by visiting this link:

http://www.wellnesscourts.org/files/Tribal%20Healing%20to%20Wellness%20Court

s%20The%20Key%20Components.pdf
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2. The Juvenile Drug Treatment Court Guidelines, Office of Juvenile Justice and 

Delinquency Prevention, December 2016. The juvenile drug treatment court 

guidelines are designed for youth with substance 

use disorders who come into contact with the 

juvenile justice system. Guidelines have been 

developed based on research, evidence, and 

systematic reviews of literature with hopes of 

improving the lives of youth. While the guidelines 

are not tribal specific, the information within the 

guidelines is supportive of treatment and support for youth with substance use 

disorders and provides practices, information and useful resources. For more 

information about the guidelines by visiting this link: 

https://www.ojjdp.gov/pubs/250368.pdf

Stop to Reflect: The reader should look for the reflection 

points throughout the sub-sections of each chapter

(indicated by the symbol to the right). Please utilize these 

reflection points to assist with individual reflection or group 

discussion as part of the planning process.

Learn More: Look for the ◊ symbol to learn more about a 

specific topic or see a sample in the appendix.

A Note on Language and Terms Utilized in this Handbook:

The use of the terms American Indian/Alaska Native (AI/AN), Native American, 

Indigenous, Tribal Person are used within this manual. Identifying terms may originate from a 

resource that is noted or mentioned. Most often the term “Tribal Youth” or “Native Youth” is 

utilized. The author notes no singular term can describe the many unique nations that may 

utilize this handbook. 
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The handbook does not make a determination related to the terms “substance use 

disorder, substance abuse, or addiction," as the use of these terms varies widely among 

individual practitioners, communities, and tribal nations. Due to the wide range of use; the terms 

utilized within this handbook may include, substance use disorder, misuse of over-the-counter

substances, misuse of prescription drugs, misuse of illicit drugs and alcohol, and addictive 

disorders. The tribal community should determine the words and phrases that will be utilized 

within their individual court system.

Finally, no matter the structure of the TJHWC the over-arching goals remain the same; 

to support systematic judicial change and to increase positive judicial outcomes for tribal youth. 

We hope that this handbook serves as a supportive tool for your community. Further training 

and technical assistance is available for any component found within the handbook and can be 

requested from the Office of Juvenile Justice and Delinquency Prevention Tribal Youth Training 

and Technical Assistance Center. 

OJJDP Tribal Youth Training and Technical Assistance Center

Resource Division for Law and Policy

Visit us online at https://www.tribalyouthprogram.org

Phone: 405-271-8001 Email: TribalYouthTTACenter@ouhsc.edu

This project was supported by Award No. 2015-MU-MU-K011 awarded to the Indian Country Child Trauma Center, University of Oklahoma 

Health Sciences Center, by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs. 

The views within this document are those of the author(s) and do not represent those of the U.S. Department of Justice or the Office of 

Juvenile Justice and Delinquency Prevention. 
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1

PART 1: PLANNING

There are many considerations to be made during the planning and development process 

of a Tribal Juvenile Healing to Wellness Court (TJHWC). Conceptually, the TJHWC may exhibit 

characteristics of other operational adult and juvenile tribal healing to wellness courts. Teams 

may choose to incorporate methods which have been identified to increase the likelihood of 

participant success. However, in light of the unique strengths and needs of each tribal 

community, TJHWC will vary from community to community. Understanding the foundational 

elements that may be incorporated within a TJHWC will assist the TJHWC team with a clear path 

toward effective implementation.

This section of the handbook will introduce the following to help you get started:

 Fundamental concepts of TJHWC (based on wellness court implementation from across 

tribal nations)

 Stakeholder Identification

 Community Engagement

 Team Players

 Action Plans

The Tribal Juvenile Healing to Wellness Court is a court strategy that involves team-driven,

collaborative and innovative justice practices. The approaches developed by the team are 

supportive of youth who are court involved and who may suffer from addiction disorders, are 

engaged in the misuse of illicit drugs and/or alcohol or engaged in the misuse of prescription or 

over the counter drugs. Based on the needs of the specific tribal youth, as well as the community, 

the TJHWC will target behaviors related to these behaviors and possible disorders. The TJHWC 

team will implement strategies to support the effective treatment and healing of the tribal youth. 
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 A number of components and strategies may be implemented to provide support within 

the TJHWC. The following table includes some common components found in adult healing to 

wellness courts, juvenile drug treatment courts, and juvenile wellness courts. 

Example Tribal Wellness Court Components: (Table 1A)

(Physical Healing)

Substance Use Disorder/Addiction 

Treatment

Individual/Family Counseling

Educational Support On-going Judicial Interaction and 

Support

Employment Training/Assistance (Spiritual Healing)

Cultural/Traditional Guidance

Community Support/Engagement Pro-Social Activities

Family Engagement/Communication Other Components as Identified by the 

Community

 The above noted components, along with any others identified and implemented by 

the team are combined to provide a holistic healing approach that will in turn, provide the 

juvenile participant an opportunity to grow, experience healing, and become free from the cycle 

of negative outcomes related to substance use disorders, and the use of illicit drugs or alcohol. 

The therapeutic interventions within the TJHWC work to support the prevention of future 

participant contact with the justice system. “Designed with and from tribal team, collaborative, 

and imaginative perspectives, healing to wellness courts help heal and mend human depressions 

and decay that hinder tribal community and nation building.” (Flies-Away and Garrow, 2013) The 

TJHWC need not be limited by common judicial practices or conventional court procedures. The 

TJHWC has the opportunity to develop and implement unique processes that can impact tribal 

youth in positive ways. 
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Reflection: 

1. What circumstances within the community 

indicate the necessity of the TJHWC? What 

components will be the easiest to incorporate into 

your existing judicial system? 

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

2. What components may be more difficult to incorporate as part of the TJHWC?

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

3. Review the “Tribal Healing to Wellness Courts Ten Key Components,” 2nd Ed.,” Tribal Law 

and Policy Institute, individually or as a team. 🔑 See Key Component 10 as 

communication and team coordination are critical elements to the development of a 

successful wellness court.
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Stakeholder Identification: Collaboration is Key

Collaborative development is central to the success of the TJHWC. Gathering members of 

the community, justice system, health, social service, and other partner agencies will ensure 

that the community voice is at the center of the development of the TJHWC. Partners offer 

differing perspectives related to community issues. They are often able to share wisdom that 

can bolster the overall understanding of identified strengths and challenges to the development 

of the TJHWC. Since partner agencies often serve ancillary roles within the TJHWC it is important 

to involve key members of the tribal community to ensure a holistic approach at the primary 

stages of court planning. “Tribal healing to wellness courts are developed at the local level to 

reflect the unique strengths, circumstances, and capacities of each community,” (Key 

Components, 2003). Who are your community stakeholders? Review the table below to see 

examples of stakeholders within a tribal community. 

Examples of Community Stakeholders: (Table 1B)

Court Clerk/Staff Tribal Leadership/Elders

Cultural/Spiritual Leadership Education Provider

Social Service Provider Program/Tribal Evaluator

Prosecutor Public Defender

Judge Probation/Law Enforcement

Behavioral Health Provider Primary Care/Medical Provider

Local Non-Profit Partners Cross-Jurisdictional Partners

Tribal Youth Tribal Families

Individuals who are identified as key stakeholders may then become members of your 

steering or tribal community advisory committee. “An effective steering committee is made up 

of key leaders in the community- people who are in the position to leverage resources, enlist 
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the cooperation of other agencies, influence policy making, and build community awareness of 

your work,” (Gurnell, 2014). It is imperative that the TJHWC developmental coordinators 

identify key leaders to ensure support and participation within the TJHWC planning and 

implementation activities. ◊ See the Appendix for more about Stakeholders and Steering 

Committees. The community may identify any of the above listed stakeholders to participate 

as part of the steering or advisory community. In some communities existing advisory or 

steering committees may already be in place for the judicial system or within the tribal 

administrative structure. TJHWC development coordinators should work with tribal leadership 

to create a list supportive of the tribal community. 

Everyone at the Table: Engaging the Committee

“The Tribal Juvenile Healing to Wellness Court fosters system wide involvement through its 

commitment to share responsibility and participation of program partners,” (Key Components, 

2003). Stakeholder planning and development provides the opportunity to identify programmatic 

and tribal community strengths, as well as existing service gaps. The TJHWC involves systemwide collaboration. Each stakeholder has the ability to share 

wisdom that will provide an overall contribution to the 

healing journey 

for youth. This 

journey will be 

unique within 

each tribal 

community. Development of an advisory committee charter 

is an important and helpful step to engage the commitment 

of stakeholders and advisory committee members. Sharing the tribal vision, mission, and 

formalizing roles and responsibilities within the TJHWC advisory committee structure with a 

formalized charter is a positive step for the TJHWC. An advisory committee charter will assist 

with a clear plan to support collaboration and future services.

◊ See the Appendix for a sample Advisory Committee Charter.

A cross-section of committed individuals 

with a common purpose will best serve the 

overall development process of the Tribal 

Juvenile Healing to Wellness Court. 
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Reflection: 

1. Does the tribal community have an existing committee of 

invested stakeholders and elders? How will the team work 

with tribal leadership to identify key stakeholders and 

develop the community advisory committee?

Make a short list of possible stakeholders to invite to a 

discussion or round-table of the TJHWC development 

process. 

Proposed List of Stakeholders:

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

What steps will the TJHWC coordinator or team take to reach out to these 

stakeholders? Example: Step 1: TJHWC Coordinator will send outreach email to tribal leadership and set up 

initial discussion on court development process.

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

What follow up may be necessary to support the Advisory Committee? Example: Space 

for Meetings, Scheduling, Agendas, Charters for the Committee, etc.

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________
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Community Engagement and Awareness: Reaching Tribal Youth

Community support for the TJHWC may contribute to participant referrals, system support 

and sustainability. The court processes and procedures should, “reflect each Native nation’s 

culture, tradition, and vision,” (Key Components, 2014) 🔑. Once you have stakeholders 

gathered, how do you engage in meaningful dialogue? Assembling community input, and

participating in meaningful assessment is an important aspect of TJHWC development process. 

There are a number of ways that TJHWC advisory committee and team members can 

work together to garner community information that will provide local guidance to the team and 

advisory committee. Several modalities of community engagement processes are included 

below. The team should review and converse on which processes may be most helpful within 

the tribal community. 

Community Engagement Processes

Asset Mapping: What is a Community Asset? A community asset can be a person, 

physical structure, community service, business, etc., (See the Community Tool Box for more 

about Community Assets and Asset Mapping). Mapping community assets can assist the TJHWC 

with an assessment of the community strengths and supports. Asset maps have been an 

established and useful tool for several decades. Asset maps assist and provide a means of listing 

community resources in a singular document/shared list. 

The TJHWC process provides alternatives to formal system 

processing. TJHWC procedures that are utilized will engage 

community partnerships on an ongoing basis. Mapping the 

community and finding strengths can be a useful tool to 

identify both current and future community partnerships and 

resources for youth in the TJHWC. ‘When efforts are planned 

on the strengths of the community, people are likely to feel more positive about them, and to 

believe they can succeed,” (Berkowitz, 2016). 
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Public Forums and Community Meetings: The TJHWC team may wish to host a 

public forum or regular community meeting in order to increase public awareness of the 

development of the TJHWC. Forums and meetings are great ways to gather community input 

regarding current judicial needs within the community. 

 One important aspect of the community meeting process can be to include the youth 

voice. “Consider inviting young people to your meetings, like any other culture, “youth culture,” 

encompasses beliefs, attitudes and practices that you will need to understand in order to 

communicate effectively with participants,” (Gurnell, 2014). Many communities have found 

success in working with local tribal youth councils to discuss the issues that matter most to the 

community youth. Further, court involved youth that have successfully completed case plans can 

provide knowledgeable feedback about the current tribal court processes that could be improved 

or enhanced by the TJHWC. Listening to the community youth voice will assist the team in 

developing a youth-guided process that will benefit the target of TJHWC services. Often the 

judicial system overlooks the power and wisdom of the youth perspective. Creating a system 

that is supportive of youth needs requires practitioners to hear and understand the thoughts 

and perceptions of youth and to engage that feedback within the development process of the 

TJHWC. 

Multi-Stage Processes: There are many formal and informal processes that may 

support effective community engagement. The TJHWC team may wish to utilize a process such 

as the Community Readiness Process, which assesses readiness for prevention initiatives and 

guides future strategies for accomplishing increased awareness. Within the Community 

Readiness Process the TJHWC team can work together to identify an issue that is faced by the 

tribal community. The team then works together to gather community input about the issue at 

hand. Once the results are quantified the outcomes of the Community Readiness Process provide 

the TJHWC team valuable feedback regarding community perceptions of the identified issue. 

These outcomes may provide further insight for the TJHWC regarding the development process 

of the TJHWC. 
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The community may choose to engage in a process such as the Gathering of Native 

Americans (GONA). The GONA is a multi-day process and includes the belief that every 

community member is of value, and that GONA is a safe place for communities to share, heal, 

and plan for the community. GONA focuses on increasing strengths and healing. Thousands of 

GONA have been held all over North America (UIHS, 2013). The core tenants of belonging, 

mastery, interdependence, and generosity support increased communicative processes and 

engagement. 

So why are community engagement processes and important step toward the 

development of the TJHWC?

 Community dialogue, feedback, and understanding of the structure, purposes, and goals 

of the TJHWC will assist with contribution to the partnerships and resources necessary to 

increase service capacity and bolster long-term sustainability. The TJHWC is encompassed by 

multi-level community support, including but not limited to health, wellness, education, 

monitoring services, employment, and other supportive roles within a phased treatment process. 

The National Drug Court Institute notes that, “community support for the drug court requires 

an intensive educational effort. Drug courts often engage the community to serve on court 

advisory boards, to volunteer in the program, and to 

provide resources or opportunities for program 

participants,” (Reilly, 2008). Further, “community 

partnerships provide necessary resources and create 

the network of community and political support 

needed to maintain the effort in the long term,” (id.). 

Sustainability of the TJHWC is an important 

consideration even at the beginning stages of 

planning and development. The TJHWC team can 

work together to plan both short term and long term 

community engagement processes to support the 

TJHWC. 

How will the team 

engage the community?
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Reflection: 

1. What community engagement process will the 

TJHWC team utilize to gather community input? 

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

2. Has the TJHWC team worked to identify community assets? What people, places, 

buildings, and resources exist to support the TJHWC? 

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

3. Identifying all resources. Traditional use of lakes, rivers and streams have been 

utilized within tribal youth diversion programs. Youth engagement with traditional 

agricultural initiatives, such as planting, gathering and preparing traditional foods show 

promising outcomes in many communities. These examples of the sharing of traditional 

knowledge and use of natural resources may be implemented as components of TJHWC. 

The team can be creative in identifying resources to support the TJHWC and work with 

community input to increase the capacity for youth opportunity within the structure of 

the TJHWC. 
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Take a moment to list the assets within your community that can be supportive of the 

TJHWC. Start with People, Places and Things. Challenge the team to be creative. 

People

Example: Judicial Leader, 

Elder, Cultural Guide

Places

Example: Community Health 

Center, Mental Health Service 

Center/Park for recreational 

activities

Things

Example:

Ceremony/Gatherings/

Music/Storytelling (these may 

be tangible or intangible)
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Team Players: Working Together to Provide Healing and 

Wellness Opportunities

The TJHWC utilizes a team 

approach to provide healing opportunities 

for tribal youth. Systematic differences 

exist between traditional juvenile justice 

approaches and the TJHWC. In contrast to 

the adversarial approach of the traditional 

justice system, the TJHWC collaboratively 

plans, communicates and supports the 

TJHWC participant. A typical court team may include, but is not limited to the following: 

Prospective Juvenile Healing to Wellness Court Team (Table 1C):

Judge

Case Manager/Team Coordinator

Prosecutor/Tribal Attorney/Defense Attorney

Alcohol/Drug Treatment Provider

Human Services/Social Services Provider

Probation/Law Enforcement

Traditional Knowledge Holders/Elders

Other System Providers identified by the TJHWC team

🔑◊ See Tribal Ten Key Component 1 and visit the Handbook Appendix for more about Wellness Court Team 

Structure 

The TJHWC steering/community advisory committee should take the time to actively 

identify team members and then work to define the roles and responsibilities of each member. 

Team members should have the commitment, desire, and ability to serve tribal youth will 

participate in the TJHWC.

Consistency for participants is key within the TJHWC framework, therefore, “the core 

planning and implementation team members should remain with the program for a sufficient 

period of time, if necessary in an advisory role or as a member of the steering committee,” 
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(Tribal Healing to Wellness Courts Ten Key Components, 2014) 🔑. Team members that are 

identified will play a significant role in the life of the TJHWC participant. It is important to identify 

individuals that have the capacity to engage within the structure and time commitment required 

by the TJHWC process. 

Consideration for time and capacity to serve within the TJHWC should be given at the 

start of planning. In many tribal communities, judicial staff, attorneys, and law enforcement 

officers may serve within the structure of the TJHWC, but may have other duties to fulfill. The 

team may want to outline time commitments and availability early on, so that meetings, 

planning, and coordination can be conducted as cooperatively as possible. Working together on 

a TJHWC vision and mission will unify the team as the court is implemented. Identifying and 

maintaining consistent meeting times, coordinated efforts, and follow up will assist the team 

with consistent team cooperation related to the TJHWC. 
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Supportive Strategies for Effective Planning (Table 1D):

Shared Responsibility 

and Defining Roles and 

Responsibilities

“Teams function best when members share responsibility,” (Gurnell, 

2014). Working together to define responsibilities and protocols will 

assist in the long-standing and cooperative nature of the team and the 

services that will be provide to tribal youth. ◊ See the Appendix for more 

about team roles and responsibilities. 

Mutual Respect Methods of shared decision making and conflict resolution are important 

to “ensure mutual respect, prompt and consistent meeting of program 

and individual responsibilities, and community recognition of the 

professional integrity of the TJHWC team members.” (The Key 

Components, 2014). 🔑

Incorporation of Elders 

and Traditional Healers

The TJHWC commonly reflects the traditional customary values of the 

community. TJHCW often directly incorporates traditional skill-building 

and cultural engagement elements within the structure of the phased 

plan. The TJHWC team should not overlook involving a traditional leader 

or elder in the planning process or as an active team member. (The Key 

Components, 2014). 🔑

Understanding Team 

Capacity/Developing an 

Effective 

Communication Plan

Often team members have other roles or may serve in other capacities 

within the tribal structure. Understanding team capacity and availability 

is important to the success of the TJHWC communication plan. 

Early identification of 

crisis plans and 

emergency plans to 

serve tribal youth

The TJHWC will serve youth who may have issues related to alcohol use 

and the use of addictive substances. The team should work together in 

the early stages of planning to prepare emergency/crisis plans to serve 

youth who are engaged within the tribal judicial system. 
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The TJHWC Team Development Process-Responsive Steps (Table 1E):

 Choose steering committee/advisory team members, and team members that are committed 

to the long term success of the TJHWC. Ensure that advisory team members will remain 

available for a term that is long enough to support effective implementation. (Planning ahead 

to ensure that advisory committee roles are fulfilled and creating a continuity of 

understanding amidst team and tribal administrative changes is important)

 Define Key Team Members Early On. As additional team members are identified, continue to 

provide clear roles, responsibilities and duties. Ensure team understanding of individual team 

member capacity and availability.

 Create a team communication plan and utilize different methods of communication to support 

cooperative efforts. Phone, email, and in-person meetings can effectively support the work 

of the TJWHC. In some communities email and conference calls assist remote staff with case 

updates. In other more remote communities email/internet is not a reliable method of 

communication. Choose procedures and methods that will work best for the tribal community 

and accommodate staff capacity and availability.

 Begin the process of developing TJHWC team policies and procedures that include the 

defined roles and responsibilities of advisory council and team members.
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Reflection: 

1. What roles will comprise TJHWC team? What positions 

are currently in place? What positions will need to be 

filled?

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

2. Have roles and responsibilities been formalized? What steps need to be taken to formalize 

the roles and responsibilities of team members? 

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

3. Does the current judicial system have a communication plan in place? What methods of 

communication work best within the tribal community? (Phone, email, fliers, pamphlets, etc.)

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________
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4. Has the TJHWC court developed a vision and mission? If so, what is the vision and mission 

of the TJHWC? If not, work with the advisory/steering committee and formulate a vision

statement and mission statement. For more about developing a vision and mission statement 

review this archived webinar on Developing a Mission and Vision from the OJJDP Tribal Youth 

Training and Technical Assistance Center: 

https://www.youtube.com/watch?v=oFpIBbctq_c&list=PLEYl_nJGyPlH6TQxvxbGW6QzKVt71xS

jt&index=5

 Mission Statement- A mission statement briefly and clearly articulates:

o What we do

o Why we do what we do

o Who we do it for

o What values drive our mission

o The here and now

 Vision Statement- A vision statement:

o Provides a visualization of what the organization intends to become

o Presents a description of the project as you’d like to see it in five, ten or more 

years

(Adapted from: “Developing Our Mission and Vision Using the Needs and Resources of 

the Community,” Ethleen Iron Cloud Two Dogs, 2016)

Tribal Juvenile Healing to Wellness Court Mission Statement: 

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Tribal Juvenile Healing to Wellness Court Vision Statement:

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Action Planning: Building a Solid Foundation to Support 

Wellness Court Implementation

What steps are necessary to implement a functional TJHWC? Once a steering or advisory 

committee has had the opportunity to enlist 

team members, action must be taken to 

develop and implement the supportive 

infrastructure of the court. This will take time,

a coordinated effort, and follow-through by the 

team. Preparing a course of action to support 

the potential tribal youth participants is 

important. Youth will have specific needs that will 

be accommodated by the services offered through the case planning process. Therefore it is 

vital that the team take the time to make a cohesive plan for implementation of the case 

processes that will be applied within the TJHWC. 

Take some time to think about the intricate designs of patterned beadwork. Skilled bead 

workers will take the time to sketch or draw a plan for a design before ever beginning a project. 

Focused effort, skill, patience, and purpose are combined to create the finished product. 

It takes teamwork to create a functional Tribal Juvenile Healing to Wellness Court. It is vital to 

collaboratively formulate a step-by-step plan that will bring about the vision and mission of the 

Tribal Juvenile Healing to Wellness Court team. 
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What is action planning and how can you effectively work together to design the 

TJHWC?

The TJHWC team will develop goals and objectives to support the implementation of the 

TJHWC. Developing an action plan is an initial step that supports reaching the identified goals 

and objectives of the TJHWC. “An action plan describes the way your organization will meet its 

objectives through detailed action steps that describe how and when the steps will be taken,” 

(Community Toolbox, 2016). An action plan outlines the steps and stages necessary to the 

development of the TJHWC and identifies potential barriers that may arise. A complete action 

plan will also identify strategies to overcome existing or potential barriers. Working as a team to 

define responsibilities, action steps, strengths, and methods to overcome barriers will assist in 

the successful implementation of the TJHWC. Action plans also remain adaptable as needs 

emerge and previous needs are met. The plan in place 

should be a good fit for your community and for the 

services that are provided to tribal youth. ◊ See 

Appendix for a sample action planning template.

So how can the team effectively engage in 

planning for the TJHWC?

Understanding the general processes within a 

wellness court setting will assist with thoughtful

planning efforts. The multi-disciplinary structure of a 

wellness court may be unconventional for many practitioners. Taking the time to review 

resources, participate in training, and gather information on wellness court structure will assist 

the team with informed planning processes. The TJHWC utilizes a multi-disciplinary approach, 

which may give rise to special training needs. 

 The TJHWC team members should be involved in interdisciplinary education and training 

before the first case is heard. (Tribal Healing to Wellness Courts Ten Key Components, 2014) 🔑. 

Cross-system training will support mutual understanding of the issues that may arise as teams 

work together to serve youth. Legal practitioners should become familiar with the fundamentals 
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of substance abuse, screening, assessment and treatment options. Conversely, treatment 

providers should have a foundational understanding of the juvenile justice system, problemsolving court frameworks, and general legal processes. 

Training and education opportunities for staff should be identified and pursued on an ongoing basis. A team that remains apprised of new data, information, and innovative treatment 

approaches that are supportive of youth with substance use disorders and/or youth who engage 

in illicit substance/alcohol use will provide a better quality of services. Team training on the 

impact of trauma and the implementation of trauma informed systems may also be supportive 

of transformational services that are offered to youth within the wellness court.

Proper training and education for TJHWC team members will generate a forum wherein 

tribal youth have the support, tools and resources necessary to seek the healing and wellness 

that they deserve. Effective planning is the first stage of a continuously evolving program that 

will benefit the Tribal community. While there are many resources available to support the 

planning and development of the Tribal Juvenile Healing to Wellness Court, the most important 

resource that can be utilized are the champions and other community leaders that work together 

to bring change to the community.
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Reflection:

1. Does the TJHWC have established goals and 

objectives for the TJHWC? One method for 

developing goals and objectives is the S.M.A.R.T 

Process. S.M.A.R.T. is an acronym for Specific, 

Measurable, Achievable, Realistic, and Time-Bound 

goal and objective setting. Learn more about the 

S.M.A.R.T process in this archived action planning 

webinar, Cultural Protocol for Action Planning

available from the OJJDP Tribal Youth Training and 

Technical Assistance Center. 

List your current goals and objectives for the Tribal Juvenile Healing to Wellness Court. Utilize 

the S.M.A.R.T. process to review and reflect on the goals set forth by the team. 

Example: 

Goal 1: To develop a Tribal juvenile healing to wellness court within twelve (12) months, that is integrative of Tribal 

traditional legal and healing practices. 

Objective 1A: To identify key stakeholders and develop a community advisory committee within a three (3) month

period to assist in the infrastructural development of the Tribal juvenile healing to wellness court. 

Goal 1 and Supporting Objectives: 

____________________________________________________________________________

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Goal 2 and supporting objectives: 

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Goal 3 and supporting objectives: 

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Review the TJWHC Goals and Objectives in S.M.A.R.T. format. Discuss if the goals are Specific, 

Measureable, Achievable, Realistic, and Time-Bound. 
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Part 1: Planning

Quick Review

 Identifying Stakeholders

o Identify stakeholders to support the work of the TJHWC

o Take action steps to work with stakeholders and develop an advisory/steering 

committee

o Meet regularly with the community advisory committee. Create a community 

advisory committee charter to support on-going efforts. 

 Engaging the Community

o Identify a process to engage community members as the TJHWC is 

implemented

o Consider sustainability even in the early stages of planning. 

o Include the youth voice/perspective as the TJHWC is developed. 

 Identifying Team Members

o Develop roles and define responsibilities early on to carry out the vital work of 

the court. 

o Cross-train team members before the first case is heard. 

o Work as a team to identify the true mission and vision of the TJHWC. 

 Action Planning

o Establish goals and objectives for the TJHWC court, using processes like 

S.M.A.R.T. to increase effective goal-setting practices. 

o Identify action steps that can support the long term vision and mission of the 

TJHWC. 

o Write your plan down so the TJHWC team can revisit it regularly. 
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Notes:

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Learn More: Referenced Resources

1. Bureau of Justice Assistance, U.S. Dept. of Justice: Tribal Healing to Wellness Courts, The Key 

Components, (2003). Retrieved from: https://www.ncjrs.gov/pdffiles1/bja/188154.pdf

2. Tribal Healing to Wellness Courts: The Key Components, 2nd Ed., Tribal Law and Policy Institute, 

May 2014. Retrieved from:

http://www.wellnesscourts.org/files/Tribal%20Healing%20to%20Wellness%20Courts%20The%

20Key%20Components.pdf

3. Joseph Thomas Flies-Away and Carrie E. Garrow: Healing to Wellness Courts: Therapeutic 

Jurisprudence+,” Mich.St.L.Rev.403, (2013). 

Retrieved from: http://digitalcommons.law.msu.edu/lr/vol2013/iss2/9

4. Bill Berkowitz and Eric Wadud: The Community Toolbox: Assessing Community Needs and 

Resources-Work Group for Community Health and Development, University of Kansas, (2016). 

Retrieved from: http://ctb.ku.edu/en/table-of-contents/assessment/assessing-communityneeds-and-resources/identify-community-assets/main

5. Kretzmann, J.L. & McKnight J.P.: Mapping Community Capacity. Institute for Policy Research, 

Northwestern University. Neighborhood Trust Innovations Network, (1996). Retrieved from: 

www.racialequitytools.org/resourcefiles/mcknight.pdf

6. Gathering of Native Americans: United Indian Health Service, Home Page, (2013). Accessed 

March 2017. Retrieved from: http://www.unitedindianhealthservices.org/gathering-nativeamericans-gona

7. Betty Gurnell, Meg Holmberg and Susan Yeres: Starting a Juvenile Drug Court: A Planning Guide, 

National Council of Juvenile and Family Court Judges, (2014).

Retrieved from: http://www.ncjfcj.org/sites/default/files/NCJFCJ_JDC_PlanningGuide_Final.pdf

8. The Community Toolbox: Developing an Action plan, University of Kansas, (2016). Retrieved 

from: http://ctb.ku.edu/en/table-of-contents/structure/strategic-planning/develop-actionplans/main

9. Dennis Reilly, Atoundra Pierre-Lawson: Ensuring Sustainability for Drug Courts, Monograph Series 

8, National Drug Court Institute, (2008).

Retrieved from: http://www.ndci.org/sites/default/files/ndci/Mono8.Sustainability.pdf

10. Peter Nathan and Jack Gorman: A Guide to Treatments that Work, 4th Edition, Nathan and 

Gorman, Oxford Press, (2015). 

11. Iron-Cloud Two Dogs, Ethleen, “Cultural Protocol for Action Planning,” also “Developing a Mission 

and Vision,” Office of Juvenile Justice and Delinquency Prevention Tribal Youth Training and 

Technical Assistance Center, (2016). Retrieved from: 

https://www.youtube.com/channel/UCnNec1JCnhp7iCnGhXPsVEw

 Updated November 2017, Anna Clough, JD

This project was supported by Award No. 2015-MU-MU-K011 awarded to the Indian Country Child Trauma Center, University of Oklahoma 

Health Sciences Center, by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs
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2

PART 1: IMPLEMENTATION

Implementation of the Tribal Juvenile Healing to 

Wellness Court (TJHWC) is the weaving together of 

system providers, participants, services, and 

processes. 

Understanding 

the core 

elements of 

implementation will assist in crafting an environment 

wherein Tribal youth have the opportunity to experience 

wellness.

Initiating Processes: Defining the 

Target Population

As part of the development process of the TJHWC

your team will have, “taken the time to define a target 

population and eligibility criteria,” (Gurnell, et al., 2014). 

The TJHWC team will work together to create an 

acceptance process for participants. The factors to be 

considered for participant eligibility should be consistent, 

yet offer flexibility for special circumstances. Youth may 

enter into the TJHWC through various referral sources 

Eligibility Criteria- Factors for 

consideration:

Defining criteria to support the 

community's youth is dependent 

upon unique tribal community

factors. Data related to youthfocused treatment court indicate

there are several criteria to 

ensure equitable treatment for 

youth. "Ensure equitable 

treatment for all youth by 

adhering to eligibility criteria 

and conducting an initial 

screening. Eligibility criteria 

should include the following: • 

Youth with a substance use 

disorder. • Youth who are 14 

years old or older. • Youth who 

have a moderate –o-high risk 

of reoffending.” (See Guideline

2.1, OJJDP Juvenile Drug 

Treatment Court Guidelines, 

2016)
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and at differing judicial stages. It is possible that youth may enter into the TJHWC “prior to 

any charges being filed against them or before a delinquency event, after charges have been 

filed but before a plea has been entered in the proceedings, or after a plea or finding of guilt 

in the delinquency matter,” (Tribal Ten Key Components, 2014) 🔑. Processes for admittance 

from various referral sources will be created by the TJHWC Advisory Committee and team. 

Supporting Effective Referral Processes

 Regardless of the stage in which the participant is accepted, it is likely that referral 

processes will be the key method by which a youth engages as a participant of the TJHWC. 

Memorandum of Understanding, commonly referred to as “MOU,” should be negotiated at 

the start of the TJHWC development process in order to maintain a successful referral and 

communication system with partnering departments, agencies, or jurisdictions. Additional MOUs

or enhanced MOUs may be developed as new partners are identified.

What is an MOU? An MOU is a formal written agreement between two or more parties. 

In most jurisdictions, an MOU is a non-legally binding* document that will address the mutually 

respected and acknowledged terms by and between partnering agencies. Partner agencies may 

include service providers, courts of partnering states, tribes, counties, or municipalities, and 

other youth services providers. *Your team should confer with tribal leadership/legal support to 

review the laws and ordinances of your Tribal and state government related to MOUs, in some 

instances MOUs may have legally binding consequences, dependent upon local laws, ordinances, 

or customs. 

It is common for TJHWCs to establish partnerships with both tribal and non-tribal 

entities and jurisdictions. Therefore, MOUs may be developed with both inter-agency (external 

agency partners) and intra-agency (partners within the Tribal organization). As jurisdictional 

factors may be a consideration in the development process of the MOU, it is important for the 

case management team to work closely with the Community Advisory/Steering Committee and 

Tribal leadership to ensure that all agreements are coordinated and in agreement with Tribal 

laws, policies, and procedures. This type of unification is “successfully accomplished only with 
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careful planning and coordination,” (Thorne, 1996) and while prior disputes between jurisdictions 

may exist, the approach should be to, “circumnavigate obstacles, to seek cooperative ventures,”

(id).

In the event that formal MOUs are not able to be developed, your team may wish to 

engage letters of support from community agencies and potential partner jurisdictions, which 

may in turn lead to increased potential for youth to engage within the TJHWC. 

◊ See Appendix for sample MOU. 

How MOU support the development of the TJHWC (Table 2A): 

Establishes roles and responsibilities of partner agencies and departments which 

contributes to sustainability. 

Defines agreed upon terms in a clear format which provides clear expectations. 

Formalizes relationships which increases the likelihood of effective cooperation. 

Supports holistic service provision for Tribal Youth through coordinated efforts. 
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Reflection: 

1. What identified wellness court partnerships 

currently exist that can be formalized by MOU 

development? 

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2. Are there existing barriers within the Tribal community that may hinder the process of 

implementing formal MOUs with partner departments and/or agencies? 

____________________________________________________________________________

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3. What strategies can the team implement in order support the partnerships necessary to 

provide comprehensive case services to youth participants? Example: Instead of formal 

MOUs the team will solicit letters of support from agencies that wish to support the 

TJHWC. 

____________________________________________________________________________

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Tribal Juvenile Healing to Wellness Court Code and Policy Development

In addition to MOUs, a “wellness court planning process may include additional tasks such 

as drafting a Tribal code or ordinance to define the power and authority of the wellness court, 

to adopt special policies and procedures, to define the scope of behaviors that fall within the 

scope of the wellness court, and to identify any particular individual rights protected by existing 

Tribal and applicable federal laws,” (Tribal Ten Key Components, 2003) 🔑. It is important to 

review the core goals and objectives of the system and then structure the codes or ordinances 

to support the legalities of the desired implementation processes. The wellness court structure 

will vary based on the unique characteristics of the Tribal community. Therefore, model or other 

example codes should be adapted to fit the needs of the community. In the event that the tribal 

community will enact Tribal judicial code to support the juvenile healing to wellness court, the 

following table indicates some topical areas that may be considered as the code is developed. 

Developing Tribal Juvenile Healing to Wellness Court Code

Topical Areas to Consider (Table 2B):

Establishment of Jurisdictional Authority Definition of Court Structure

Reference to TJHWC policies and procedures TJHWC Court Rules

Rights of the Youth Participant Notices related to Deferment of 

Prosecution/Expungement or Other Legal 

Processes Specific to Post-Case Outcomes

References to Methods of Monitoring and 

Drug/Alcohol Testing

Authority for Team Structure

Authority for the Issuance of Orders Related 

to Case Processes

Length of Case Process

Reference to Any Other Legality to Support 

the Structure of the TJHWC.

Appellate Procedure
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Code and Policy Development (cont.)

Developing and adopting code to support the wellness 

court structure contributes to due process of law, procedural 

fairness for Tribal youth, and sustainability. Legal authority 

through implemented code provides guidance for all persons 

engaged within the TJHWC case process. In addition to code 

development, policies and procedures utilized by the TJHWC 

team should be established to support consistency in working 

with Tribal youth. 

In the instances that the wellness court team finds the 

process of code development difficult, other strategies to 

provide for the legal authority of the court may be utilized. A 

Tribal resolution that supports the implementation of the 

TJHWC may provide administrative backing for the court. A 

simple addition to current code that notes the use of 

diversionary or traditional court processes is another method 

by which the legal authority of the wellness court may be 

created. 

Teams should work with Tribal leadership, the judiciary, 

and any other pertinent partners in the process of developing 

or amending Tribal code. Taking the time to define the 

parameters of the TJHWC will serve the community and those 

who engage within the TJHWC. 

 Review current code 

and juvenile court 

processes.

 Engage in dialogue 

with Tribal leadership 

regarding the 

structure and legal 

authority of the 

TJHWC.

 Develop and 

Implement Code 

specific to the 

TJHWC.

 When major sections 

of code cannot be 

amended or 

implemented, try 

implementing lesser 

amendments to the 

Tribal juvenile code. 

Example: Provide for 

the legal authority of 

the TJHWC with a 

broad statement such 

as, “diversionary or 

alternative court 

processes shall be 

allowable under the 

Tribal Code.”

 Consider the rights of 

youth and their family 

as code is developed. 

Wellness Court Code 

Development Strategies
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Family Engagement and the Tribal Youth Participant: 

As part of the TJHWC case process, the team will 

develop new participant processes. This may include an 

orientation for youth and their caretaker(s). It is important to 

develop tools and resources for youth participants that are 

developmentally appropriate and unique to their strengths 

and needs. Guidebooks, forms, and resources should be 

clearly written and easy to understand. TJHWC forms and 

resources should be provided youth participants and their 

parent(s)/caregiver(s).

◊ See Appendix for a sample Participant Handbook Outline.

One of the most important relationships that the 

TJHWC can bolster as they provide services is that of the 

parent/caregiver. A 2010 study of three distinct tribal 

communities, concluded, “having a supportive relationship 

with a parent could protect from harmful and destructive 

behaviors,” (Mmari, 2010). Familiarizing the youth, their 

caregiver(s), and the TJHWC team is an important step to 

creating a healing environment. Having parental or support 

within the home is an important role within the overall 

participant support system. Where parental involvement is 

lacking, it is widely recognized “that family members other 

than biological parents play a pivotal role in youth well-being in tribal communities,” (McKay et 

al., 2014). As well, the TJHWC team should be aware that “aunts, uncles, cousins and siblings 

have all been shown to influence Tribal youth substance abuse or abstinence from substance 

abuse,” (Kulis et al., 2006).

Tribal Youth, 

Family, and 

Trauma

Court-involved Tribal families 

may be impacted by complex 

trauma. Trauma may be 

present, intergenerational or 

historic. The TJHWC may 

identify cultural protocols and 

practices to support the healing 

of youth and their families, 

where applicable. Ceremonial 

practices led by trusted elders, 

interaction and engagement 

with healers, and mentorship by 

TJHWC leadership may create 

the necessary support for Tribal 

youth as they participate within 

the TJHWC. 
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Discussing the role of the family during the planning stages of the TJHWC will assist the team 

as case processes are fully implemented. Creating methods to engage the family will assist with 

overall case management for youth participants. 

Family/Caregiver engagement is an important aspect of the healing process. In what 

ways can the TJHWC team work with youth to support family engagement? For more on family 

engagement within a juvenile drug treatment court setting review the article, Engage, Involve, 

Empower: family Engagement in Juvenile Drug Treatment Courts,” (Harris et. al., 2017).

This technical assistance brief provides recommendations related to family engagement within 

a juvenile treatment court setting and also offers a Family Engagement Self-Assessment Tool. 
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Screening Processes: Determining Eligibility Through 

Established Criteria

 The processes and methodologies utilized to determine participant eligibility should be 

thoughtfully chosen and integrated into case planning process for TJHWC participants. Effective 

screening processes for acceptance and service provision should be explored within the planning 

stage and should be regularly revisited as services are offered within the TJHWC. 

 Although the TJHWC differs in some components from standard juvenile drug treatment 

courts, “a recent evaluation of Reclaiming Futures, as integrated with juvenile drug courts, found 

that participating youth had better outcomes in terms of reduced substance use when strict 

program eligibility criteria existed and youth had serious substance use and delinquency 

problems,” (JDTCG, 2016). Presumably, the creation of clear eligibility criteria is impactful to the 

overall success of the TJHWC. The TJHWC team should actively work with the Advisory 

Committee to determine eligibility criteria that meets the needs of the tribal community. Some 

of the factors that have been utilized to identify eligibility within a wellness or treatment court 

include: 

Examples of Screening Criteria (Table 2C): 

Note that certain criteria, if established, will merit further assessment and review. 

Further, this is not an exhaustive list of screening criteria, there are many other criteria that may be screened.

Age and Target Population Readiness to Engage, Risk of 

Relapse/Recidivism

Nature of Treatment/Rehabilitation Needs Strengths and Needs/Traditional 

Knowledge/Cultural Ways

Legal Eligibility (Past Court Involvement) Trauma History

Substance Use Disorder/Co-Occurring

Disorders

Family, Parent, Caregiver Involvement

◊ See Appendix for more about screening tools and processes
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Screening Processes:

 Generally, screening is a preliminary process to 

gather information about the applicant. It may entail an 

initial interview and review of the information shared in 

the participant’s application. Within the treatment court 

setting, “screening is a brief process that distinguishes 

youth who might qualify for juvenile drug court based 

on a number of legal, clinical, and social criteria,” 

(Gurnell, 2014) and that “screening can also identify the 

need for further assessment and evaluation,” (ibid.). 

 It is important to design a screening framework 

that entails the varying legal and clinical criteria related 

to the TJHWC target population and services offered as 

part of the TJHWC. Screening tools such as the CRAFFT 

tool are often used in the youth treatment court setting. 

CRAFFT is a “mnemonic acronym that reflects the six 

domains assessed in the screen: being in proximity of 

alcohol or other drug use while in a car (C), using alcohol 

or other drugs to relax (R), or when alone (A), having 

forgotten (F) things when drinking or using drugs, 

having friends or family (F) express concerns about 

drinking or drug use, or having gotten into trouble (T) 

when drinking alcohol or using drugs,” (Knight et al., 

1999). A 2003 study found the CRAFFT to be an 

appropriate screening tool for use among NativeAmerican adolescents and that the CRAFFT tool “may 

also be effective in school-based or community-based 

settings,” (Cummins et al., 2003). 

Supporting Tribal Youth through 

Effective Screening *

Early screening can support early 

intervention. The Indian Health 

Service recommends the CRAFFT 

screening tool to aid clinicians and 

others in identifying patients with 

alcohol and substance abuse 

problems. Visit 

https://www.ihs.gov/asap/screeni

ngtools/ to learn more about 

screening tools and Screening, 

Brief Intervention and Referral to 

Treatment sometimes referred to 

as “SBIRT”.

The Substance Abuse and Mental 

Health Services Administration 

offers related resources for youth 

and young adults check out, 

“Alcohol Screening and Brief 

Intervention for Youth: A 

Practitioner’s Guide,” (2015) here 

https://pubs.niaaa.nih.gov/Order

Form/EncForm/Youth_Guide_Ord

er_Form

See also, “Addressing CoOccurring Disorders in NonTraditional Service Settings,” 

(2007), which speaks to 

identification of co-occurring 

disorders in non-medical settings. 

https://store.samhsa.gov/product

/SMA07-4277

*Noted resources and/or tools are not endorsed. 

TJHWC teams should review resources and apply 

screening tools that are appropriate for the 

targeted youth criteria and the specific tribal 

community. 
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 There are many screening tools that teams may use within a comprehensive screening 

process. The team should utilize tools and resources that are validated and appropriate for the 

Tribal community. Staff who will engage in the screening process should be trained in the various 

screening tools and processes to be implemented. 

Crisis Management: It is important for all members of the team to fully understand the nature 

and scope of alcohol and drug addictive behaviors and/or disorders. As part of the screening 

process the team should plan and prepare for referrals that may require immediate attention by 

a physical or behavioral health service provider. The team should develop and emergency plan 

in the event that a youth participant is in need of crisis services or intervention. It is essential to 

cross-train law enforcement, judicial personnel, 

and others who will work with TJHWC participants 

in crisis management. Youth may face risks due to 

withdrawal/overdose. Trained service providers 

should be available to support youth participants 

as needed. 

Co-Occurring Disorders: The co-existence of 

both a mental health and substance use disorder is referred to as co-occurring disorders. 

TJHWC teams may encounter youth who have co-occurring disorders in addition to substance 

use disorders/addictive issues. “Other settings can serve as gatekeepers for the SA/MH 

system. These settings provide an opportunity to recognize persons who have a co-occurring 

disorder and engage them in a process that leads to referral for further assessment and 

integrated treatment,” (SAMHSA, 2007). TJHWC staff should receive training and provide for 

referral or next steps for program participants when screening tools are utilized. Read more 

about co-occurring disorders here: https://www.samhsa.gov/disorders/co-occurring

The team should regularly assess the usefulness of chosen screening tools. Utilizing tools 

that are culturally appropriate and targeted to support Tribal youth may be helpful. The National 

Registry of Evidence Based Programs notes that there are a number of promising programs 
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grounded in tradition that provide useful intervention for Tribal youth. Learn more about these 

evidence based programs in the “Literature Review, Tribal Youth and Behavioral Health, Who 

Are American Indian and Alaska Native Youths?” (2015)

http://www.nrepp.samhsa.gov/Docs/Literatures/NREPP%20Literature%20Review_Tribal%20Yo

uth%20Behavioral%20Health.pdf. In addition to screening criteria set forth by the TJHWC team, 

specific funding agency requirements related to eligibility should be included as part of the 

overall screening and review processes. 
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Reflection:

1. What team member within the TJHWC will be 

responsible for screening youth participants? Will 

the team prepare and plan for crisis management? 

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________ 

2. What resource centers/treatment providers within the community can accept referrals for 

drug/alcohol treatment or further assessment for any other criteria?

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

3. Does the identified screener have training in the screening tools that will be utilized? Has the 

TJHWC made a training plan to support effective screening and referral processes?

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

*The Author notes that the use of the term “disorder” within the context of screening, assessment, 

or treatment is noted as a diagnostic term, rather than a stigmatizing label or classification.
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Clinical Assessment: Holistic Case Planning

 Clinical assessment “is a comprehensive and individualized examination of the 

psychosocial needs and problems identified during the initial screening,” (Grisso, 2004). The 

resultant findings of the assessment will help shape and influence the case process for the 

TJHWC participant. Comprehensive assessment contributes to the individualized and holistic 

healing environment of the TJHWC. It is vital that the team engage with qualified treatment 

providers. As well, the team should have access to assessment results only as much as is 

necessary to create a comprehensive case plan for the TJHWC participant. 

Supportive documents for the consent and release of reports and other information may 

be required by behavioral health or other treatment providers. Therefore, the team should work 

with the Advisory Committee and Tribal legal support to develop necessary forms. Participants 

should be provided with any required notices related to the release of information to the TJHWC 

team. The team may continually review provider recommendations. “Juvenile justice facilities 

have a legal and societal responsibility to respond to the needs of youth in their custody if those 

needs place the youth at risk of harm to themselves,” (Grisso, 2004 ). 

Example Criteria and Areas that May be Assessed (Table 2D): 

*This is not an exhaustive list of assessment criteria, there are many other areas in which assessment 

can provide supportive information regarding participant needs.

Substance Use Disorder/Use History/ 

Readiness for Treatment

Family, Parent, Caregiver Involvement/Environmental 

Safety

Strengths/Needs Cognitive Development/Education

Physical Health/Mental Health (CoOccurring Disorders Trauma/Risk of Self-Harm

◊ See Appendix for more information about adolescent assessment.
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As the team refers 

participants for assessment, it is 

important to utilize providers that 

are trained in methods that are 

supportive of adolescent and family 

needs. Employing providers that 

are skilled in meeting the needs of 

the youth participants is a critical 

element to the structure of the TJHWC. “The assessment of adolescents is a complex, 

challenging and multifaceted task, and developmental considerations are critically important,” 

(Cuffe, 2016). Further, “clinical assessments are characterized as 

“ongoing” and vary depending on a client’s history and needs,” (Tribal Ten Key Components, 

2014) 🔑See Key Component 3 on Screening and Eligibility. It is a suggested practice that 

participants screened or assessed with potential mental health issues should be referred to 

appropriate further assessment and treatment 

services if the tribe or the Tribal Wellness Court 

cannot provide adequate treatment options. 🔑

Tribal Youth and Treatment:

 There is an extensive amount of literature 

and information on how drugs and alcohol impact 

the youth brain and body. The TJHWC team 

should work together to develop case processes 

that take into account the needs, behaviors, and challenges that may be faced by wellness court 

participants. “Repeated drug use changes the brain. Brain imaging studies of drug-addicted 

people show changes in areas of the brain that are needed to remember, make good decisions, 

and exercise self-control; quitting is difficult, even for those who feel ready,” (NIDA, 2016). 

The Indian Health Service provides 

services through tribally and federally 

operated Youth Regional Treatment 

centers (YRTCs) to address the issues of 

substance abuse and co-occurring 

disorders within a culturally supportive 

environment. 

Learn more about the YRTCs here: 

https://www.ihs.gov/yrtc/
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So what are the treatment options for Tribal youth? We know in many communities there 

are limited resources and options for youth treatment. However the TJHWC should actively work 

to identify treatment options for youth in the wellness court. These treatments range from 

outpatient, inpatient, and hybrids of either outpatient or inpatient options. Youth who enter into 

the wellness court should be screened and then assessed for appropriate treatment. The TJHWC 

will offer a case plan that is supportive of the necessary treatment that is identified by the 

treatment provider(s). Understanding the treatment process and activities is important for the 

TJHWC team. Therefore, judicial service providers should receive adequate training to 

understand the treatment process and related youth behaviors in regard to addiction and 

treatment. 

Reflection: 

1. What treatment providers have been identified by the 

TJHWC team to support youth behavioral health or 

drug/alcohol treatment services?

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

2. How will youth and families access treatment? Does the TJHWC team have a 

partnership identified to support youth treatment and continued assessment?

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________
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Exploring Treatment Options

 Outpatient/Intensive Treatment 

o Traditionally recommended for less severe addictions and few additional mental health 

problems, and a supportive living environment 

o Varies in type and intensity of services offered

o May be delivered in individual or group format or a combination of both

o Low or moderate intensity outpatient treatment may occur once or twice per week 

o High intensity outpatient treatment may be twice a week for at least 3 hours 

 Partial Hospitalization

o Adolescents with more sever substance use disorders, but who can still safely be managed

in a home or caretaker environment

o Sometimes called “day treatment” 

o Treatment is approximately 4-6 hours per day

 Residential/Inpatient

o Resource-intensive and involves a high level of care and supervision

o For adolescents with severe levels of addiction whose mental health and medical needs 

require a 24 hour per day structured environment 

o Adolescents may also suffer from severe co-occurring disorders

o Treatment may be short or long term, based on needs of adolescent

 Traditional Healing and Culturally Specific Ceremony 🔑

o Traditional Healing Ceremony and Practices

o Cleansing and Healing Practices (Sweat/Cleansing/Smudge/Journey)

o Peacemaking, Mediation, Talking Circles/Traditional and Restorative Justice Practice

o Elder Mentorship/Guidance Sharing of Traditional Knowledge and Lifeways

See: “Treatment Settings from Principles of Adolescent Substance Use Disorder Treatment: A Research Based Guide,” National 

Institute on Drug Abuse, National Institutes of Health. See also 🔑Tribal Ten Key Component 4 Treatment and Rehabilitation
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The Phased System: Wellness Court Case Processes

What is a phased case system? The phased system is a framework to implement the 

components necessary to support behavioral 

transformation of the youth participant. 

Processes within the system will encourage 

the inter-twining of the youth participants, 

TJHWC team service partners, mentors, 

collaborators, as well as traditional and 

spiritual leaders. Ultimately, the framework 

will, “establish a solid structure for the 

participant and his or her family to heal,” 

(Tribal Ten Key Components, 2014) 🔑. 

The coordination of therapeutic, legal, 

educational, social services, united with 

spiritual, and cultural supports the overall 

journey to wellness for the juvenile participant. 

The process of treatment will guide the overall 

case plan, therefore “to determine the length 

of the program, [the team] should consult with 

the treatment provider about how much treatment will be needed to have an impact with the 

target population,” (Gurnell, 2014). In the spirit of fairness and to increase the likelihood of 

completion, the case processes implemented within the TJHWC should not be more punitive 

than alternate options for the youth participant. The results of consultation with a treatment 

provider will assist in determining the applicable timeline for the youth participant. The team 

should work together to identify a minimum and maximum length of time that youth will be 

allowed to engage within the wellness court process. In many communities, the timeline for a 

wellness court case is approximately one year, however this may vary based upon individual 

Developing a holistic case plan: Consider the woven 

coils of this basketry image. Coiling is a method of 

native basketry that, “begins at the center of the 

basket and grows upon itself in spiral rounds, each 

attached to the round before and requires the most 

precisely trimmed elements,” (NMAI, 2003). Much 

like the intricacy of the coiled basket, the phased 

system relies on the strengths of the elements 

included within each stage of the process. Each 

stage will build upon the components, experiences, 

and successes of prior stages
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participant need. As plans are developed for participants, the TJHWC team should attempt to 

include goal-setting and realistic timelines for participant activities and progress. Ultimately the 

systematic structure that is developed by the team will be unique to the community’s capacity 

and resources available. ◊ See Appendix for a sample TJHWC case plan. 

The objective criteria that are selected by the team will be unique to the community. 

“Movement between structures phases should be dependent upon the completion of objective 

criteria,” (Tribal Ten Key Components, 2014, NDCI Drug Court Benchbook) 🔑. The TJHWC should 

determine the criteria that will be included within the TJHWC case plan. Like other juvenile 

treatment court settings, the TJHEC team should be able to partner with other agencies to 

provide supportive services. "To be able to refer youth and families to a broad continuum of 

treatment and related options for services, the court must identify all organizations and agencies 

it will depend on for such services and involve them in the planning process," (Gurnell, et al., 

2014).

TJHWC Common Case Plan Criteria

Intensive Supervision: 

The TJHWC integrates ongoing judicial accountability and rehabilitative opportunities for 

Tribal youth participants. Like other problem solving courts, providers have the ability to create 

individualized case plans. As part of case management and to increase the potential for case 

completion, the team should implement team engagement and intensive monitoring processes 

that support participant wellness and sobriety. Case management should involve the “judicial 

leadership, treatment, and community supervision,” and “each wellness court must determine 

how to properly manage each case in compliance with wellness court goals and objectives,” 

(Tribal Ten Key Components, 2014) 🔑See Key Component 5. Participant meetings/court dates 

that are planned and unplanned are generally a part of the case plan. The frequency of 

meetings/court dates will change over the course of the case plan. 
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Alcohol and Drug Testing

In addition to frequent judicial contact and treatment, the youth will be responsible for 

working toward and maintaining sobriety. In order to monitor and gauge for use of substances, 

the TJHWC will implement substance testing policies and procedures. Substance (drug and 

alcohol) tests are a routine part of juvenile drug treatment and wellness courts case processes. 

These tests may be conducted through “urinalysis and can also include breathalyzers or other 

oral fluid analysis,” (JDTCG, 2016). According to research, “drug testing should be random, 

observed, frequent, and sensitive to any potential trauma the youth has experienced,” (JDTCG, 

citing, Gatowski et al., 2016). The TJHWC team 

should clearly explain the testing processes, 

protocols, and standards as part of the 

orientation process. Additionally, Tribal 

communities may need to develop a partnership 

with a testing facility in the event that staff or 

tribal partners are unable to provide this service.

Testing is only one of the many 

components that are implemented to support youth healing. Testing results should be regularly 

communicated with the wellness court team, as results of testing will be integrated into the case 

plan. Positive drug/alcohol tests should be immediately communicated to the team so 

appropriate team responses can be conducted in a timely manner. 

Pro-Social Engagement and Education

Youth within a drug treatment court setting may “lack the basic social and life skills 

necessary to function at school and at home. To identify and meet these diverse and complex 

needs, services must be comprehensive and interventions must be tailed to individual 

participants and their families,” (BJA, 2003). There are any number of possible strengths-focused

pro-social interventions that may be integrated within a TJHWC case plan. The TJHWC may wish 

to work with community stakeholders to increase the pro-social, educational, or goal supportive 

Drug tests vary depending on the type of 

drug being tested and the type of specimen 

being collected. Urine, hair, saliva (oral fluid), 

or sweat can be used as test specimens. Drug

tests screen for such drugs as marijuana, 

cocaine, amphetamines, phencyclidine (PCP), 

and opioids. (NIDA, 2017). Learn more 

about adolescent drug testing here: 

http://www.ncjfcj.org/drug-testing
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opportunities within the tribal community. These may include partnerships that offer tutoring, 

skills building, mentorship, or other integrative responses to support TJHWC youth participants. 

Many TJHWC also find that the integration of traditional life skills, cultural ways, and community 

engagement are helpful to TJHWC participants. 

Family-Based Services

“Family based services will vary 

depending on the needs of the individual 

youth and the family. Whether inside or 

outside the home, treating the youth 

within the context of his or her family 

environment is critical. Many juvenile 

drug courts make services available in 

the home. However, for participants who cannot be treated successfully while living at home, 

out-of-home placements such as group homes, foster care and independent living options may 

be needed,” (BJA, 2003). Family support is integral to youth success, but where family 

engagement is low or non-existent, the TJHWC 

may identify ways to support increased family 

engagement and/or develop mentorship or 

community support options. The TJHWC may 

want to identify strategies to increase family 

support and involvement within the case process. 

Learn more about increasing parent and 

family involvement in this article, “Parent and 

Family Involvement in the Tribal Juvenile 

Justice System,” (McKay et al., 2014) 

http://www.rti.org/sites/default/files/resour

ces/family_involvement.pdf
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Integration of Traditional Life-Skills and Cultural Ways 

Through traditional culture and spirituality, Tribal 

communities can heal and reinvigorate the spirit of a child. 

This in turn helps youth have increased self-esteem and to 

strengthen their identity as Native people. Incorporating 

traditional healing practices and Tribal lifeways are two of the 

most important aspects in the success of a TJHWC. These 

cultural interventions are precisely what make TJHWC both 

unique and effective. Research indicates that culturally 

infused interventions are associated with lower depression, 

lower alcohol use, lower anti-social behavior, and lower levels 

of dysfunctional behaviors among Native youth (Melton et al, 

2014). An important dimension to cultural identification is 

having a stake in Tribal society (Sanchez-Way & Johnson, 

2000). 

 Embracing a tribal worldview and reviving Tribal 

traditions that can be incorporated into to the TJHWC allows 

for TJHWC participants to learn deeper lessons about their 

role in their community and engage in constructive sentences. A focus on traditional healing 

practices is ideal to increase the efficacy of cultural interventions. Medicine men and women, 

healers, and healing ceremonies have been cited as invaluable cultural resources for dealing 

with life crises (Beauvais and Oetting, 1999). Here, we acknowledge that traditional healing is 

an all-encompassing reintegration of Tribal norms. In order for youth to reap the countless 

benefits that traditional ceremonies and rituals provide, they must understand those experiences

within the greater context of Tribal life. The TJHWC can work together to integrate cultural ways 

to support youth as they integrate these ways into their personal healing journey. 

“Today’s Tribal youth carry 

the wounds of their ancestors, 

compounded by generations of 

atrocities committed against 

this nation’s Indigenous 

people, including historical 

traumatic campaigns of 

eradication, reservation 

assignment, boarding schools, 

and relocation. Although, they 

carry these wounds, these 

contemporary youth will be 

the first generation with an 

opportunity to heal from 

historical trauma”- Ivy 

Wright-Bryan, National 

Director of Native American 

Mentoring, Big Brothers Big 

Sisters of America
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TJHWC and Cultural Intervention

Effective programs employ a variety 

of approaches and interventions in a variety 

of settings (Sanchez-Way & Johnson, 

2000). Many organizations across the 

country that work with Native youth have 

made adaptions to evidence-based 

programs in order to increase cultural 

relevance and increase effectiveness 

(Stratford & Murphy, 2016). 

Ceremonial and traditional practices may be integrated within a supportive judicial 

environment to support Tribal youth. Note that not all practices are traditional or customary to 

all Tribal nations. Therefore, unique tradition, custom, knowledge, and wisdom should be 

incorporated and utilized as determined by Tribal elders and cultural leaders. Culturally 

integrative processes may occur within the court room through the use of Tribal language, 

Tribal kinship terms, talking circles, Tribal teachings, or any other methods identified by the 

TJHWC team. Culturally integrative processes may occur outside of the courtroom through 

activities, lessons, gatherings, ceremonies, or other practices identified by the TJHWC team. 

The TJHWC should note that not all 

youth may have a desire or readiness to 

participate in cultural or ceremonial practices, 

therefore the TJHWC team should take care to 

support the individual needs of youth 

participants. ◊ See Appendix for more about 

traditional healing and cultural lifeways within 

the TJHWC and for processes that have been integrated into wellness courts across the country.
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Consequences and Rewards 

A unique aspect of the treatment court framework that 

may be implemented by the TJHWC is the use of progressive 

consequences and rewards. This tailored body of judicial 

responsiveness to behavior is utilized to support the 

accountability of the participant. (See Key Component 6) 🔑 A 

designed set of consequences and rewards are utilized to 

encourage participant compliance and to deter non-compliance 

with the TJHWC case plan. Progression through the case plan 

is rewarded with various activities or tangible items. 

Conversely, lack of compliance with a case plan will result in 

the imposition of a consequence. “An effective system of 

incentives and sanctions promotes each youth’s ability to take 

responsibility and be accountable for his or her actions while 

allowing them to complete the program,” (JDTCG, 2016).

 Research indicates that a system of consequences and 

rewards that is balanced and fair to increase the likelihood of 

participant success. Additionally, the team may need to 

consider a broad range of consequences and rewards that can be applied flexibly dependent 

upon participant need. Incentives that may be meaningful for one participant may not be as 

impactful with others. The types of rewards and consequences that will be utilized should be 

communicated to participants early in the case because, “without mutual understanding there 

will be no foundation for certainty and consistency,” (Yeres, 2012).

Are consequences and rewards cost effective? 

TJHWC staff may be concerned about the long-term costs related to the consequences 

and rewards system. “Fortunately, to be effective, incentives don’t have to be elaborate or 

expensive, something as low cost as a candy bar has been shown to make a significant 

Key research indicates 

that consequences and 

rewards should be:

 Immediate

 Certain

 Consistent

 Fair

 Appropriate in 

Intensity

 Goal-Oriented

 Graduated

 Individualized

 Delivered in a 4 to 

1 ratio (1 

consequence for 

every 4 rewards)

(Gurnell et.al, 2014, 

Gendreau et al., 1994)
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difference,” (Yeres, 2012). Additionally, a reward that costs nothing is verbal praise, which has 

been shown to be effective in the context of drug treatment court systems. Data collected from 

youth treatment court settings “suggests that praise can be a powerful behavioral motivator 

when applied under the proper conditions,” (Henderlong, 2002). A quick search into treatment 

court incentives will reveal numerous low-cost incentives and consequences, TJHWC teams 

should review resources and create a list of consequences and rewards that may be considered 

most impactful to the youth participants. This list may be modified as resultant data related to 

the consequences and rewards utilized becomes available. ◊ See Appendix for information 

regarding consequences and rewards.

Effective Case Planning

As the team integrates 

all the unique components 

within the TJWHC framework, 

the team should consider 

caregiver dynamics and the 

youth’s ability to engage. As 

necessary providers are 

identified, and as the case 

plan is implemented, it is 

important to identify and consider what will be necessary to support youth access to court, 

treatment, activities, and resources. Potential barriers for youth as they engage in their case 

plan should be factored into court orders. Strategies to support youth engagement within the 

case plan should be regularly discussed by the team. Effectively, "case management both 

facilitates a youth's participation in and, ideally successful completion of a treatment court 

program, ensuring that the youth and family are connected to and can access needed supports 

and services," (JDTCG, 2016).
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Steps to Assist Youth Engagement in the TJHWC Case Plan: 

1. Integrate providers that are readily accessible to youth participants, including the 

utilization of Tribal service providers when available. 

2. Give youth adequate notice and opportunity to follow through with case components. 

3. Consider treatment, educational needs, issues such as transportation, poverty, living 

situations, caregiver involvement, etc., as the youth participates within the case plan. 

What barriers may exist that will necessitate team support for youth treatment, activities, and 

follow through for case plans?

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

List two to three strategies to address transportation, living situations or caregiver 

involvement. Example: Caregivers will be given advance notice about court dates so that work 

and transportation arrangements can be made. Telephonic appearances may be allowable in 

certain circumstances. 

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________
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Reflection:

1. Various components to support youth within the 

wellness court are listed in this section. What 

supportive components within the community will be 

integrated within the TJHWC case plan? 

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

2. What partnerships or training may be necessary to support the components that will be 

integrated within the TJHWC structure? 

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

3. What existing resources or strengths of the community will support youth as they engage in 

the TJHWC case plan? (Example: Mentorship/Tutoring Program Coordinator will be a partner as 

part of the TJHWC case plan)

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________
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Part 2:Implementation

Quick Review

 Initiating Processes

o Identify the target population, acceptance criteria, and referral processes early 

in the development process. 

o Take action steps to develop supportive Memorandum of Understanding 

(MOU).

 Wellness Court Code and Policy Development

o Support the administrative and legal framework of the court through code and 

policy development.

o Work with Tribal leadership to develop policies and administrative processes.

 Screening/Assessment/Treatment

o Screening is the initial step toward identifying eligible participants and assists 

with identifying issues that may need further assessment. 

o Screening tools should be validated and screeners should be trained in utilized 

tools.

o Assessment is a secondary and on-going process that is conducted by a 

licensed or trained individual in the identified area of need (behavioral 

health/treatment/educational need etc.)

o Treatment options will vary and will be dependent upon youth participant 

need.

 The Phased System

o Integrates the many components of the case process. 

o May include a variety of monitoring, judicial contact, drug/alcohol testing, 

family-based services, cultural intervention, consequences/rewards, incentives, 

pro-social activities, and team-combined efforts to support Tribal youth. 

o Relies on community strengths to develop a holistic case plan. 
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Notes:

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Learn More: Referenced Resources

1. Bureau of Justice Assistance, U.S. Dept. of Justice: Tribal Healing to Wellness Courts, The Key 

Components (2003). Retrieved from: https://www.ncjrs.gov/pdffiles1/bja/188154.pdf

2. Joseph Flies-Away, Carrie Garrow, & Pat SekaquaptewaBureau of Justice Assistance and Tribal 

Law and Policy Institute, Tribal Healing to Wellness Court Series, The Key Components, 2nd

Edition, (2014). Retrieved from:

http://www.wellnesscourts.org/files/Tribal%20Healing%20to%20Wellness%20Courts%20The

%20Key%20Components.pdf

3. Betty Gurnell, Meg Holmberg, & Susan Yeres: Starting a Juvenile Drug Court: A Planning Guide, 

National Council of Juvenile and Family Court Judges, (2014). Retrieved from : 

http://www.ndcrc.org/sites/default/files/starting_a_juvenile_drug_court_-

_ncjfcj_jdc_planningguide_final.pdf

4. Kristin N. Mmari, Robert Blum, & Nicolette Teufel-Shone: What Increases Risk and Protection for 

Delinquent Behaviors Among American Indian Youth Findings from Three Tribal Communities, Youth 

and Society, Volume 41, Issue 3, (Revised 2010) Retrieved from:

http://journals.sagepub.com/doi/abs/10.1177/0044118X09333645?legid=spyas%3B41%2F3%2F382

&patientinform-links=yes

5. Tasseli McKay, Christine Lindquist, Ada Pecos Melton, & Rita Martinez: Parent Involvement with 

Youth in the Tribal Juvenile Justice System, Perspectives from OJJDP’s Tribal Green Reentry Initiative,

(2014) RTI International, American Indian Development Associates, LLC,. Retrieved from: 

http://www.rti.org/sites/default/files/resources/family_involvement.pdf

6. Stephen Kulis, Scott Okamoto, Andrea Dixon Rayle, & Soma Sen: Social Contexts of Drug Offers 

Among American Indian Youth and Their Relationship to Substance Use: An Exploratory Study. 

Cultural Diversity and Ethnic Minority Psychology, 12(1): 30-44. (2006). Retrieved from:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3046425/

7. Juvenile Drug Treatment Court Guidelines: Office of Juvenile Justice and Delinquency Prevention, 

Office of Justice Programs, (2016). Retrieved from: https://www.ojjdp.gov/pubs/250368.pdf, also 

citing Gatowski

8. Thomas Grisso & Lee Underwood: Screening and Assessing Mental Health and Substance Use 

Disorders Among youth in the Juvenile Justice System, Resource Guide for Practitioners, National 

Center for Mental Health and Juvenile Justice, Policy Research Associations, Inc., OJJDP, OJP, (2004). 

Retrieved from https://www.ncjrs.gov/pdffiles1/ojjdp/204956.pdf

9. Tanya Dickinson & Anne Crowe: Capacity Building for Juvenile Substance Abuse Treatment, Juvenile 

Justice Bulletin, Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, 

(1997). Retrieved from: https://www.ncjrs.gov/pdffiles1/167251.pdf

10. Steven Cuffe & Chirag Desai: Adolescent Assessment, Dulcan’s Textbook of Child and Adolescent 

Psychiatry, 2nd Edition, American Psychiatric Association Publishing, (2016). Retrieved from:

http://psychiatryonline.org/doi/10.1176/appi.books.9781615370306.md05 

11. Win Turner, Randolph Muck, Rebekah Muck, Robert Stephens & Bhuvana Sukumar: CoOccurring Disorders in the Adolescent Mental Health and Substance Abuse Treatment Systems, 

J Psychoactive Drugs, 36(4):455-62, (2004). Accessed 2017 

https://www.ncbi.nlm.nih.gov/pubmed/15751483?report=docsum
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12. Roger Herring: Substance Abuse among Native American Indian Youth: A selected review of causality, 

Journal of Counseling and Development, JCD Volume 72, Issue 6. (1994)

13. The Language of Native American Baskets, through the weaver’s view, Smithsonian, National Museum 

of the American Indian (2003): Retrieved from: http://nmai.si.edu/exhibitions/baskets/

14. Susan Yeres & Frances Gurnell: Making Sense of Incentives and Sanctions in Working with Substance 

Abusing Youth, Answers to Frequently Asked Questions, Juvenile and Family Justice Today, (Spring 

2012). Retrieved from:

http://www.ncjfcj.org/sites/default/files/Today%20Magazine%20I%20%26%20S%20Article%20Spri

ng%202012.pdf

15. Paul Gendreau, Francis Cullen, & James Bonta: Intensive Rehabilitation and Supervision: The Next 

Generation in Community Corrections? Federal Probation, 58-1-73-184. 1994

https://www.ncjrs.gov/pdffiles1/Digitization/148335NCJRS.pdf

16. Jennifer Henderlong & Mark Lepper: The Effects of Praise on Children’s Intrinsic Motivation: A Review 

and Synthesis. Psychological bulletin 128(5): 774-795 (2002)

17. Joseph Flies-Away & Carrie Garrow: Healing to Wellness Courts: Therapeutic Jurisprudence, 2013 

Mich.St.L.Rev.403, Retrieved from:

http://digitalcommons.law.msu.edu/cgi/viewcontent.cgi?article=1006&context=lr

18. Ada Pecos Melton, Rita Martinez, & David J. Melton: Experiences with Incorporating Culture into 

Tribal Green Reentry Programs. (2014) Retrieved February 25, 2017, from 

http://www.aidainc.net/Publications/greenreentryevaluationbrief.pdf

19. Ruth Sanchez-Way, & Sadie Johnson: Juvenile Justice Journal, Volume VII, Number 2 (2000). 

Retrieved February 20, 2017, from https://www.ncjrs.gov/html/ojjdp/jjnl_2000_12/cult.html

20. Fred Beauvais et al.: Drug use, resilience, and the myth of the golden child. In Resilience and 

Development: Positive Life Adaptations, edited by M.D. Glantz and J.L. Johnson. New York, NY: 

Kluwer Academic/Plenum Publishers, pp 101-106 (1999)

21. Gina Vincent: Screening and Assessment in Juvenile Justice Systems: Identifying Mental Health 

Needs and Risk of Re-offending,” Washington, DC: Technical Assistance Partnership for Child and 

Family Mental Health. (2011)

22. Lillian Cummins, Karen Chan & G. Alan Marlatt: “Validity of the CRAFFT in American-Indian and 

Alaska-Native Adolescents: Screening for Drug and Alcohol Risk,” Journal of Studies on Alcohol, 

(September 2003). 

23. Substance Abuse and Mental Health Administration, ‘Co-Occurring Disorders,” Mental Health and 

Substance Abuse Disorders, Retrieved here: https://www.samhsa.gov/disorders/co-occurring, July 

2017
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3

PART 3: SERVICE PROVISION FOR TRIBAL YOUTH

Providing services to Tribal youth within the healing to wellness court can bring the 

opportunity for therapeutic change at the individual, family, and community level. The team 

will maintain the responsibility of engaging and 

providing for the unique needs of Tribal youth as 

they navigate a path to wellness. 

Interdisciplinary Approaches 

and Effective Case Management

The multi-disciplinary approach of the 

TJHWC provides holistic processes and services for 

the participant. In order to maintain this complex 

network of services, the TJHWC team must design 

a process to support the numerous interactions, 

services, and processes that will occur throughout 

the phased plan. Due to the varying nature of court systems, there is no singular definition of 

case management, but generally, "case management ensures that (1) clients are linked to 

relevant and effective services; (2) all service efforts are monitored, connected, and in 

synchrony; and (3) pertinent information gathered during assessment and monitoring is 

provided to the entire drug court team in real time," (Tribal Ten Key Components, 2014 citing 

NDCI 🔑).”
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Case Management processes are 

important to develop during the planning period. 

Case management plans for the TJHWC team 

should be in place prior to the start of services, 

and should be regularly assessed by the team to 

support effective service delivery. 

Unlike many traditional juvenile court 

settings, the youth treatment court setting 

provides for ongoing communication and 

crosstraining. (Gurnell, 2014) The wellness court process includes intensive clinicl and legal 

supervision. (Tribal Key Component 5 🔑) It is important for the team to recognize the value of 

creating an effective case management process. By implementing policies and procedures that 

support the on-going efforts of the court, the team will have a guided process to follow as they 

engage with cooperative partners as well as participants. As well, by developing processes for 

gathering and sharing information, the team can remain knowledgeable of the participant’s

needs and progress. 

For newly developing courts, creating case management processes may seem like a 

difficult task, as the process of integrating all service providers and judicial services takes 

coordinated effort. However, these processes are worthwhile, in that the services offered will 

illuminate the paths and the journey to wellness for the youth participants. As case management 

processes are created, consideration should be given as to what activities will best meet the 

needs of the individual participant based on the assessment and screening processes. (JDTCG, 

2016)
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Case Management Models/Structure (Table 3A): 

Independent

Each system—treatment, mental health, and the court—

has its own case manager who reports to the operational 

team.

Coordinated

A single person communicates among the various systems 

to gather and coordinate information about each youth.

Collaborative

Each system designates a case manager, and they work 

together as a team, pooling information about each youth.

See: National Council of Juvenile and Family Court Judges, Juvenile Drug Treatment Court 

Planning Guide. 

Each of the aforementioned models included requires some form of case staffing 

(coordinated sharing of information), however the processes for each model of case 

management system differ. Additionally, each model has both advantages and disadvantages. 

The TJHWC should review case management models and develop a process that is in line with 

the capacity and circumstances of the unique Tribal community. As well, as services are offered, 

the TJHWC team may be able to review the successes of the case management model through 

evaluation processes. "Ideally, a case manager is a consistent presence from the youth’s first 

contact with the court, ensuring continuity of care, identifying gaps or duplication in services, 

and advocating for youth and families as they negotiate their way through what can be an 

intimidating maze of agencies and paperwork," (Gurnell, 2016). 
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Recommendations for Effective Case Management (Table 3B)

 Effective case management takes time, effort, 

engagement, and coordination.

 Identification of the case management style or method 

should be identified early on so the team can 

communicate effectively. 

 Policies and procedures for case communication, updates, 

and information should be developed by the TJHWC and 

should be included in all new employee orientations, 

trainings, etc.

 The team should utilize record keeping software or 

maintain existing judicial record keeping processes. When 

non-tribal partners are involved, communication 

processes should be included in developed Memorandum 

of Understanding. 

 Case staffing should occur on a regular basis and timely 

responses should be coordinated and supportive of timely 

decision making. 

 Case communications should be kept confidential and use 

of systems that support confidentiality should be 

exercised to the furthest extent possible. 

 Teams should utilize safeguards to protect client 

information such as locked file cabinets, safe and secure 

email transmissions, private rooms for staffing and phone 

calls, and completion of any necessary confidentiality 

agreements and waivers. 

Case management is vital to the continual provision of services to the Tribal youth participant. The case 

management process will support judicial responsiveness and needed services for the youth participant. 

Additionally, case progress can only be assessed if regular and ongoing updates are provided to the team in 

a timely manner. Youth participants will benefit from system and service provider cooperation.
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Program Impact: Usefulness of Evaluation

 Defining evaluation and the process of evaluation 

can vary widely. A simple definition of evaluation is “a 

structured process of assessing the success of a project in 

meeting its goals and to reflect on the lessons learned.” 

(Evaluation Toolbox, 2010). The development of an evaluation 

plan should occur early in the process of creating the TJHWC. 

Consistent evaluation can support review of implemented 

processes and quality of services provided. The OJJDP 

Juvenile Drug Treatment Court Guidelines note that data 

collection and program evaluation should focus on 

“continuous quality improvement rather than efforts to satisfy 

compliance,” (Campie and Sokolsky, 2016). Several studies 

have found that some practices “can negatively affect staff 

and can affect data quality when leaders require data 

collection only for compliance and surveillance purposes, 

(JDTCG, 2016). 

Evaluation processes can sometimes bring negative 

feelings or thoughts for Tribal people. In “A Roadmap for 

Collaborative and Effective Evaluation in Tribal Communities,” the authors note, “despite being 

equally committed to the well-being of their children, Tribes are unlikely to embrace 

opportunities to investigate research questions proposed by funding entities or to assess their 

own performance without numerous fears, apprehension and concern based on their 

predominately negative historical experiences with evaluation," (Children's Bureau, 2013). This 

fear may inhibit the program staff from engaging in a developed and supportive evaluation 

process for their project. However, evaluation and self-assessment processes are not new for 

Tribal people. Oral tradition, storytelling and narrative show us that traditional ways of 

understanding have always existed to improve community life. The TJHWC should work with 

“Native people have always 

been evaluators, using 

traditional ways of 

understanding (garnered from 

historically based experiences 

and general knowledge passed 

down) what works and does not 

work and using oral tradition, 

storytelling, and narrative to 

disseminate findings.

Evaluation therefore should: 

Use the best scientific methods 

available with a clear emphasis 

on respecting and abiding by 

cultural protocols. (Roadmap for 

Collaborative and Effective Evaluation in 

Tribal Communities, 2013)
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stakeholders to develop the processes for both informal assessment and program evaluation. 

“Evaluation can help problem-solving justice initiatives monitor services, assess whether they’re 

achieving goals, and identify areas for improvement,” (CCI, 2005). 

Data Collection Plans

The team can also work together to develop a data collection plan. A data collection plan will 

assist the team in identifying the processes, information, and outcomes that will be assessed 

on a regular basis. 

What is the purpose of a data collection plan?

 Tells your program’s story. 

 Provides information for decision making, program development, resource allocation, 

funding, and quality improvement of services. 

 Seeks answers to questions that are not readily available or easily discerned. 

See: “Key Elements to Effective Evaluation:”

 Answer Planning Questions- What are the best methods to use to make an impact?

 Establish Performance Measures- Look at quantifiable numbers, and relevant subject matter

(youth served, compliance rate, hours of community service, etc.)

 Document Implementation- Once services are offered research can provide feedback on 

unforeseen difficulties and result in strategic planning to overcome barriers.

 Monitor Ongoing Performance- Staff can review the operational goals and measure 

performance.

 Measure the Project Impact- This may come after a sufficient period of service to measure 

the resultant impact of the efforts made.

 Respect Cultural Knowledge/Protocols- Evaluators should respect community knowledge 

regarding processes, procedures, and cultural ways.

(Adapted from: Center for Court Innovation, Problem-Solving Justice, “Evaluating Your 

Program,”no.10)
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Culturally Appropriate Data Collection Considerations: 

 Reciprocity: What is being given back in exchange for what is being asked?

 Transparency: How will data be used and With whom it will be shared?

 Collaboration: Has the local community been engaged in how information will be 

collected and stored?

 Cultural Competency Training: Are individuals who are collecting data competent to 

understand the local cultural perceptions of gathering information?

 Dissemination: If applicable, how will programs share findings with the local 

community?

(Ethleen Iron Cloud Two-Dogs and Paulette Running Wolf, PhD, 2016)

Learn more about developing a data collection plan from this archived webinar: 

“Performance Measures: Developing a Data Collection Plan,” from the OJJDP Tribal Youth 

Training and Technical Assistance Center. Available here: 

https://www.youtube.com/watch?v=bcHqBW3eMss&index=9&list=PLEYl_nJGyPlH6TQxvxbGW

6QzKVt71xSjt

Identifying the appropriate methods for collecting, managing, evaluating and 

communicating data is an important process for the TJHWC. Care should be given to develop a 

plan that is culturally appropriate and inclusive of the community’s perceptions on program 

improvement, lessons learned, and resultant next steps. Data collection is a useful tool to 

support the TJHWC in the services that are offered to youth participants. By maintaining data 

collection processes, the TJHWC can evaluate the quality and success of the many service areas 

and programmatic offerings of the TJHWC.

Data is all the information that is gathered by the team related to services provided to 

youth. Some information that may be gathered by the TJHWC includes, but is not limited to: 

court history, circumstances that lead to referral, family information, use of illicit substances, 

other demographic or educational information and so on. 
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Performance measures are the process by which the collected data may be measured. 

Some federal funding agencies request information related to performance measures. The teams 

should review any performance measures that are indicated for the specific funding agency. 

Generally, “performance measurement is the practice of gauging progress of a public 

program or activity in achieving the results that clients, customers, or stakeholders expect; it is 

therefore highly recommended that juvenile courts apply performance measures to data early,” 

(Thomas, 2014). As previously noted, data collection should not merely be driven for reporting 

purposes only. Effective data collection can enhance and improve the services and plans that 

are developed for youth participants. 

Data collection tools range from electronic processes, to in-house collection methods that 

can be conducted using ordinary word processing software. Since there are a range of methods 

through which information can be gathered and collected, it is important for the TJHWC to 

develop a data collection plan that will capture relevant information unique to the community. 

Additionally, the Advisory Committee and team should be involved in developing and defining 

the performance measures to be included within the data collection plan. 

Does the TJHWC have a data collection plan or process in place?

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

What tools or methods will be used to collect and house data? (Example: Electronic data 

management system, Excel, Virtual Database, Paper Files/Secure file rooms etc.)

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________
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Sustainability: Planning for the Future

What is Sustainability? In plain terms, sustainability is “relating to or being a method of 

using a resource so that the resource is not depleted or permanently damaged. (MerriamWebster, 2016). Sustainability planning for the TJHWC should include a long-term plan for 

supporting the needs of the court, youth participants, and the community at-large. Many Tribal 

communities are already aware of the inherent challenges related to programmatic stability and 

long-term sustainability. These challenges include may include numerous challenges such as 

lack of resources, economic development, or access to supportive partnerships. Although these 

challenges may be daunting, a thoughtful sustainability plan may contribute to the longevity of 

the TJHWC. Sustainability should be considered even at the start of the planning process and 

should continue as the court is developed and implemented. The Advisory Committee should 

be involved in an initial plan and should remain involved in the sustainability planning 

conversations to support the ongoing services, management, and collaborative partnerships of 

the TJHWC. 

 By creating and maintaining partnerships with other Tribal programs and service 

providers, services may be broadened and may contribute to future funding, resource 

identification and/or programmatic support. Program evaluation, can assist in identifying the 

effective use of current funding. Continual identification of supportive funding at the Tribal, 

state, federal, and private foundation level may help achieve the long-term financial needs of 

the program. Finally, sustainability planning that looks toward the future entails holding fast to 

the Indigenous worldview that seeks to secure life for future generations. 

To support sustainability, the TJHWC should work on a sustainability plan. To learn more 

about sustainability planning review this webinar, “Planning for Sustainability,” from the OJJDP 

Tribal Youth Training and Technical Assistance Center. Available here: 

https://www.youtube.com/watch?v=iQWUqhnz88g&index=11&list=PLEYl_nJGyPlH6TQx

vxbGW6QzKVt71xSjt
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Practical Approaches for Effective Sustainability Planning (Table 3C):

Collaboration

Partner and leverage resources and invite long-term commitment to change. 

Community Engagement

Seek community buy-in to increase support of the goals and objectives of the court. 

Program Evaluation

Evaluate the effectiveness of the program and identify the best use resources.

Identification of Future Funding

Seek funding sources that align with the values of the community

Capacity Building

Review and reflect on the Vision of the Tribal Juvenile Healing to Wellness Court

Partnership Building

Effective Partnerships are critical to sustainability. 
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Reflection:

1. What processes will the TJHWC implement to 

support ongoing case management? Example team 

members will have access to court management broad 

based case software program.

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

2. Has the team discussed the long term sustainability of the TJHWC? What long-term 

sustainability strategies have been made in the past? What efforts can be supportive for the 

future of the TJHWC and the services that are offered?

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________
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Trauma-Informed Care: 

Generational trauma and exposure to violence play may 

be challenges that are faced by many Native American Indian 

and Alaska Native Youth. Research indicates the long-lasting 

impacts of trauma and violence have created a loss of 

community and connection for Tribal youth, (DSG, 2016). 

Oppression, cultural trauma, violence, suicide, substance abuse, 

poverty, and individual incidents of trauma may all be impacting 

events, for Tribal youth (Bigfoot, 2007). Practitioners working 

with Tribal youth must be trained and skilled in understanding 

the behavioral outcomes of exposure to trauma events, and 

should systematically implement informed responses within the 

TJHWC framework. Creating trauma-informed policies, 

procedures, and systematic frameworks will assist in the 

effective response to trauma faced by the youth that participate 

in the TJHWC.

“The almost universal prevalence of trauma exposure 

among youth in the juvenile justice system has led to a call for 

innovative efforts to create trauma informed juvenile justice 

systems,” (NCMH). The first step in responding to the trauma 

treatment needs of these youth is to systematically identify 

these needs as youth become involved in the system. When and 

how should be decided by the TJHWC team. 

Trauma screening processes can be an effective tool to plan for case management within 

the TJHWC process. As your team develops the TJHWC, mindfulness of the processes that will 

benefit the unique community needs is essential. Experts differ on when and how to screenor 

trauma. There are both immediate and delayed trauma screening processes. Regardless of how 

and when the screening is conducted, it is important to identify developmentally appropriate 

Understanding the Impact 

of Trauma: 

Review a variety of trauma 

and trauma-informed care 

related resources through 

the Indian Country Child 

Trauma Center here: 

http://www.icctc.org/

Learn more about the 

implementation of Trauma 

Informed Juvenile Justice 

Processes. Check out the 

“Essential Elements of a 

Trauma-Informed Juvenile 

Justice System,” (2016) 

from the National Child 

Traumatic Stress Network, 

here: 

http://www.nctsn.org/site

s/default/files/assets/pdf

s/jj_ee_final.pdf

Review Trauma-Informed 

Approaches and TraumaSpecific Interventions from 

SAMHSA here: 

https://www.samhsa.gov/

nctic/trauma-interventions
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trauma screening tools that are a good fit for your community’s Tribal youth. Individual 

identification of trauma needs is important, but training the team to understand the impact of 

trauma is also helpful to service delivery for youth who may have experienced one or more 

traumas in their lifetime. The team may want to engage in a trauma audit to identify the policies 

and procedures that can be supportive of a trauma-informed justice environment. 

Learn more about a trauma audit process here: 

National Center for Juvenile and Family Court Judges,

https://www.ncjfcj.org/sites/default/files/Trauma%20Audit%20-%20Snapshot.pdf

Futures Without Violence,

https://www.futureswithoutviolence.org/assessing-trauma-informed-practice-lessons-learnedfrom-a-trauma-audit/
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Part 3: Service Provision for Tribal Youth

Quick Review

 Case Management

o Identify methods to provide ongoing and efficient communication between the 

TJHWC team, partners, committees and service providers. 

o Relate information to clients, families, and caretakers in a timely manner. 

 Evaluation

o The evaluation plan will address a method by with the team will review the 

processes, procedures, and activities of the TJHWC. 

o Evaluation should include successes, lessons learned, and next steps for 

improvement. 

o Evaluation is key in improving processes over time. 

 Data Collection Plans

o Collection of data can support evaluation processes and also provide the team 

with information related to the implemented case processes. 

o Tell the program’s story and share both successes and lessons learned with 

community and partners. 

 Sustainability

o Sustainability should be implemented within a TJHWC planning processes from 

the start of planning. 

o Support sustainability through the ongoing outreach and building of 

partnerships and supportive programs. 

 Trauma-Informed Care

o Generational and present trauma may impact many of the youth participants 

within the TJHWC. 

o Team members should gain an understanding of Trauma and Trauma-Informed 

Care (TIC). 

o TIC should be integrated into case policies, procedures, and court activities. 
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Notes: 

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Learn More: Referenced Resources

1. Bureau of Justice Assistance, U.S. Dept. of Justice, “Tribal Healing to Wellness Courts, The Key 

Components “(2003). Available at https://www.ncjrs.gov/pdffiles1/bja/188154.pdf

2. Joseph Flies-Away, Carrie Garrow, & Pat Sekaquaptewa: Bureau of Justice Assistance and Tribal 

Law and Policy Institute, Tribal Healing to Wellness Court Series, The Key Components, 2nd

Edition, (2014). Retrieved from:

http://www.wellnesscourts.org/files/Tribal%20Healing%20to%20Wellness%20Courts%20The%

20Key%20Components.pdf

3. What is Evaluation,” United Nations Office on Drugs and Crime, Defining Evaluation, 

https://www.unodc.org/unodc/en/evaluation/what-is-evaluation1.html

4. A Roadmap for Collaborative and Effective Evaluation in Tribal Communities, Children’s Bureau, 

Office of the Administration for Children and Families, 2014 

https://www.acf.hhs.gov/cb/resource/tribal-workgroup

5. http://www.courtinnovation.org/sites/default/files/documents/evaluatingyourprogram.pdf

6. Betty Gurnell, Meg Holmberg and Susan Yeres: “Starting a Juvenile Drug Court: A Planning 

Guide,” National Council of Juvenile and Family Court Judges, (2014). Accessed August, 2016. 

7. Douglas Thomas: “7 Easy Steps to Measuring Performance of Juvenile Drug Courts,” National 

Council of Juvenile and Family Court Judges, (2014)

http://www.ncjfcj.org/sites/default/files/NCJFCJ_7Series_Final.pdf

8. Kingsley: Case Management with At-Risk Youth, 

http://smhp.psych.ucla.edu/qf/case_mgmt_qt/Case_Management_with_At-risk_Youth.pdf

9. Case Management for Juvenile Offenders and Status Offenders Guidebook, 2005, 

http://dhhs.ne.gov/children_family_services/Guidebooks/Case%20Management%20for%20Juve

nile%20Offenders%20and%20Status%20Offense%20Guidebook.pdf

10. Juvenile Diversion Programs, Evidence Ratings for Outcomes, National Institute of Justice 

https://www.crimesolutions.gov/PracticeDetails.aspx?ID=37

11. Best Practices in Juvenile Justice Reform, Case for Evidence Based Reform, The Future of 

Children, Princeton-Brookings 

https://www.princeton.edu/futureofchildren/publications/highlights/18_02_Highlights.pdf

12. National Child Traumatic Stress Network: http://www.nctsn.org/resources/topics/juvenilejustice-system

13. The Indian Country Child Trauma Center here: www.icctc.org

14. Futures Without Violence Here: www.futureswithoutviolence.org
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APPENDIX

_____________________
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Appendix- Table of Contents

1. Understanding Tribal Healing to Wellness Court Ten Key Components (P .80)

2. Learning More: TJHWC Overview and Sample Templates (P. 82)

o The Advisory Committee (P. 83)

o Diagram TJHWC and the Advisory Committee (P. 85)

o Sample Advisory Committee Charter (P. 86)

o The Juvenile Wellness Court Team (P. 88)

o Sample Team Roles and Responsibilities (P. 90)

3. Developing an Action Plan (P. 94)

4. Understanding Intra-Agency Memorandum of Understanding (P. 95)

5. Understanding Inter-Agency Memorandum of Understanding (P. 97)

6. Developing Participant Handbooks (P. 100)

7. Learning more about Adolescent Screening Tools (P. 103)

8. Learning more about Adolescent Assessment Tools (P. 105)

9. Sample Phased Progression Case Plan (P. 108)

10. Integration of Traditional Healing (P. 112)

o Chart: Integration of Cultural Ways in the Juvenile Healing to Wellness Court 

Processes (P. 115)

11. Learning More: Consequences and Rewards (P. 117)

The Appendix offers samples, templates and information on topics discussed in Parts 1, 2, and 3 of 

this handbook. Please note that templates and samples are not adapted to fit the unique needs of 

all Tribal communities and should therefore be utilized as resources only. No endorsement is made 

regarding any practice, approach, or treatment methodology included in this resource section.
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Tribal Juvenile Healing to Wellness Court Handbook 

Understanding the "Tribal Healing to Wellness Courts: 

The Tribal Ten Key Components"

__________________________________________________

The Tribal Juvenile Healing to Wellness Court team may draw upon the "Ten Key 

Components for Tribal Healing to Wellness Courts." The components are presented as the basic 

operational characteristics of the healing to wellness court. For more information about the Tribal 

Ten Key Components listed below see, the "Tribal Healing to Wellness Courts, The Key 

Components,” 2nd ed., (2014). 

The Tribal Healing to Wellness Court: Ten Key Components

Key Component 1: Individual and Community Healing Focus

The Tribal Healing to Wellness Court brings together alcohol and drug treatment, community healing 

resources, and the Tribal justice process by using a team approach to achieve the physical and 

spiritual healing of the individual participant and to promote Native nation building and the wellbeing of the community.

Key Component 2: Referral Points and Legal Processes

Participants enter the Tribal Healing to Wellness Court through various referral points and legal 

processes that promote Tribal sovereignty and the participants’ due process rights.

Key Component 3: Screening and Eligibility

Eligible court-involved persons with substance use disorders are identified early through legal and 

clinical screening for eligibility and are promptly placed into the Tribal Healing to Wellness Court. 

*Generally, grant funds may not be used to serve violent offenders.

Key Component 4: Treatment and Rehabilitation

The Tribal Healing to Wellness Court provides access to holistic, structured, and phased alcohol and 

drug treatment and rehabilitation services that incorporate culture and tradition.

Key Component 5: Intensive Supervision

Tribal healing to wellness court participants are monitored through intensive supervision that 

includes frequent and random testing for alcohol and drug use as required by 42 USC 3797u, while 

participants and their families benefit from team-based case management.
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Key Component 6: Incentives and Sanctions (Consequences and Rewards)

Progressive rewards and consequences are used to encourage participant compliance with the Tribal 

Healing to Wellness Court case requirements. (See 42 USC 3797u(c)(2).)

Key Component 7: Judicial interaction

Ongoing involvement of a Tribal Healing to Wellness Court judge with the Tribal Wellness Court team 

and judicial interaction with participants is essential.

Key Component 8: Monitoring and Evaluation

Process and performance measurement and evaluation tools are used to monitor and evaluate the 

achievement of the program goals; identify needed improvements to the Tribal Healing to Wellness 

Court and to the Tribal court process; determine participant progress; and provide information for 

governing bodies, interested community groups, and funding sources.

Key Component 9: Continuing Interdisciplinary and Community Education

Continuing interdisciplinary and community education promote effective Tribal Healing to Wellness 

Court planning, implementation, and operation.

Key Component 10: Team Interaction 

The development and maintenance of ongoing commitments, communication, coordination, and 

cooperation among Tribal Healing to Wellness Court team members, service providers, and 

coordinated partners are critical for Tribal Healing to

Wellness Court success.

Considerations for newly developing Tribal Juvenile Healing to Wellness Courts when 

utilizing the Tribal Ten Key Components:

 The components are meant to be adaptable and flexible to assist with Tribal Healing to 

Wellness Court infrastructure and development. 

 The components are helpful in supporting the design and planning processes for newly 

developing courts. 

 Consider how the components can support the unique needs of Tribal youth, including 

supporting the development of a TJHWC that shelters youth who seek to overcome 

substance use disorders.

Resources: 

1. Tribal Healing to Wellness Courts: The Key Components, 2nd Ed., Tribal Law and Policy Institute, 

May 2014. Available at:

http://www.wellnesscourts.org/files/Tribal%20Healing%20to%20Wellness%20Courts%20The%

20Key%20Components.pdf
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Tribal Juvenile Healing to Wellness Court Handbook

TJHWC Structure and Implementation 

Overview and Sample Templates

________________________________________________________

It is important to identify the potential contributors to the work of the Tribal Juvenile 

Healing to Wellness Court (TJHWC) at the outset of development. Generally, there are two core 

groups that provide the necessary support for the functionality of the TJHWC. In some 

communities, there may be three separate groups that support TJHWC development, the 

Steering Committee (SC), Advisory Committee (AC), and a TJHWC team. This overview will focus 

on two corporate bodies. The AC and the TJHWC team.

The AC and the TJHWC team actively work together to provide comprehensive and quality 

services for the youth participants of the TJHWC. The roles and the responsibilities of the TJHWC 

team will differ from those of the AC. The community should take the time to review general 

roles, responsibilities, and TJHWC structures to determine what will work best for the youth who 

will participate in the TJHWC. 

The Advisory Committee

The AC is charged with the development of the over-arching framework and service delivery 

structure. Collaboration between all committee members is necessary to make decisions 

regarding the implications of policies and procedures within the broader Tribal judicial system. 

The AC will work together to develop and maintain the necessary infrastructural supports for 

many of the planning and operational components of the TJHWC. These may include, but are 

not limited to assisting with and maintaining of the following processes:

Development of TJHWC Court Goals and Objectives

Development of Vision and Mission

Development of Strategic Plan

Development of Sustainability Plan

Development of Data Collection and Evaluation Processes

Development of Processes, Policies, and Procedures

Development of Memorandum of Understanding/Agreement/Procurement of 

Letters of Support
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Development and Implementation of Legal Documents/Administrative Processes

Development of Agendas, Meeting Outlines, Charters

Development of Employment Opportunities, Job Descriptions and Necessary 

Administrative Procedures

Other Elements to Support Programmatic and Infrastructural Framework of the 

TJHWC

The above listed components are all integral to support the implementation and crosssystem needs of the TJHWC. Identifying those with the necessary expertise and knowledge 

needed to support development and strategic planning for the TJHWC is imperative. Members 

of the AC should have the knowledge and/or willingness to participate in training to support 

their role as part of the AC. The responsibilities of overall guidance and advisory capacity should 

be clearly defined in the AC Charter. As well, the AC will serve as an important source of 

information related to resources, services, and community partner identification. 

Membership of the Advisory Committee

Members of the AC may come from a variety of backgrounds. For most healing to wellness 

courts, core membership of the AC may include, but is not limited to, individuals with skills or 

professional backgrounds in the following areas: 

Judicial Leadership Behavioral Health

Tribal Leadership Substance Use Disorder Treatment

Cultural/Spiritual Leadership Key Community Youth Partnerships

Social Services Education

Prosecution Law Enforcement

Probation Agency/Community Partnerships

Community Leadership Local Level Evaluation

Elder/Cultural Guidance Other

The AC should be a representation of the Tribal community. The AC should have 

knowledge of community strengths, needs, and capacity. The AC may vary in size based on 
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community population and capacity. Regardless of the membership, the AC should be a devoted 

group of stakeholders who have the knowledge and passion to support community change 

through youth wellness. As well, the AC should remain committed to support TJHWC staff 

through effective leadership and collaboration. Members of the AC may also be members of the 

TJHWC team. These dual roles can serve to assist the AC in making decisions that support 

effective policy development. However, roles and responsibilities should remain distinct between 

AC roles and those of a TJHWC team member. 
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Diagram 1: See the Advisory Committee Encircling the TJHWC Team

Developed: OJJDP Tribal Youth Training and Technical Assistance Center

Anna Clough, JD (2017)

TJHWC 

Team

Judge

Program 

Coordinator

Prosecutor

Defense 

Counsel

Treatment 

Provider

Community 

Supervision

Cultural 

Leadership

Advisory 

Committee

Judiciary

Social 

Services

Physical/ 

Mental 

Health

Cultural 

Leadership

External 

Partners

Law 

Enforcement

Governance
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Tribal Juvenile Healing to Wellness Court

Advisory Committee/Board

Sample Charter

This example charter is provided to serve as a starting point for developmental processes only. The 

TJHWC Advisory Committee is unique to the tribal community, therefore the processes and 

administrative documents that are developed should be specific to the community’s laws, ordinances, 

policies, or applicable procedures.

Title: Wellness Court Advisory Committee/Board Charter

1. Official designation: “The [insert tribe] Juvenile Healing to Wellness Court Advisory Committee/

Board.”

2. Authority: Pursuant to Tribal Resolution [Insert resolution or Administrative Order Language, if 

any] dated, certifying the authorization of the creation and development of the TJHWC. 

3. Objectives and Scope of Activities: 

a. The primary objective of this Advisory Board shall be to advise and make non-binding 

recommendations to the [insert tribe] TJHWC. 

b. The Advisory Board’s scope of activities shall include, but is not limited to the following: 

i. Monitor and review program deliverables and outcomes.

ii. Consult with and about youth related issues, services, and needs. 

iii. Assess community needs.

iv. Identify community resources.

v. Assist in the development and implementation of the TJHWC.

vi. Assist in the strategic planning process and plan for long-term sustainability of 

the TJHWC for as long as services are needed within the community.

vii. Confer and assist the TJHWC with policy and procedure development

viii. Any other processes supportive of the infrastructural or ideological development 

of the TJHWC. 

4. Description of Duties: The Advisory Board functions solely in an advisory capacity. 

5. Authority to Issue Policy Recommendations: The Advisory Board shall have the authority to 

issue policy recommendations; the TJHWC shall have the independent obligation to act on any 

policy recommendation made by the Advisory Board regarding any relevant program directive 

related to the program action plan. 

6. Membership:

a. Structure: The board shall consist of no less than _____ and no more than _____ 

members and shall be selected by [insert appropriate tribal process for the applicable 

administrative procedure]. To ensure adequate multi-disciplinary representation 

members shall be from various sectors and professional backgrounds, such as [include 

selected areas of representation]. 

b. Term of Service: [insert term of service]. 
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c. Board Officers: [Define roles and responsibilities associated with roles] (Example: 

Chairman: Shall be responsible for calling meetings with the TJHWC)

d. Code of Conduct: [Insert Tribal code of conduct for boards and committees if applicable. 

If none exist, insert codes of conduct related to ethics, confidentiality,or administrative 

procedures.]

e. Dismissal: [Insert dismissal procedure]

f. Meetings: The board shall meet on a [Quarterly, Monthly, Weekly, Daily] basis and shall 

meet for special sessions when requested and as required by the needs of the TJHWC 

team. 

g. Record Keeping: [Insert record keeping processes]

h. Recommendations and Reports: [Insert process for making recommendations and 

submission of reports to the board.]

i. By-laws: By laws are important to the structure of meetings and other activities. The 

board should evaluate the use and need for by-laws. In some instances, Tribal 

administrative procedures will dictate applicable by-laws. 

j. Duration/Termination: This charter shall terminate ____ years from the adoption by the 

[insert Tribe]. 

Signed: 

__John Doe__________ _Board Chairman_____ 1/1/2020_________________________

Signature Authority Date

__Suze Doe__________ _Secretary 1/1/2020_________________________

Signature Authority Date

Add more lines for Advisory Committee/Board members as needed. 
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The Tribal Juvenile Healing to Wellness Court Team

The TJHWC team roles will be unique and specific to the Tribal community. The 

following sample roles and responsibilities are included to begin the process of identifying core 

roles that may be helpful to a wellness court team in general. In some communities, 

individuals may or must serve dual roles. The TJHWC may encompass individuals from many 

professional, cultural, community, or other relevant areas. Review the sample list of individuals 

that may serve on a wellness court team: 

Judge Wellness Court Coordinator/Director

Case Manager/Administrative Assistants Probation Officer/Mentorship Coordinator

Tribal Prosecutor/Public Defender Tribal Police/Law Enforcement

Behavioral Health/Primary Care/Substance 

Use Treatment Provider

Educational Department Representative

Family/Social Services Representative Community Leader/Tribal Elder/Cultural 

Guide

 The TJHWC Team is traditionally a multi-disciplinary team of key service providers whoe 

will interact with juvenile participants and their families to support judicial intervention 

and treatment planning efforts. 

 The team will provide direct services and will be involved in the day-to-day processes 

and activities of the TJHWC. 

 The team should meet on a consistent and ongoing basis to review cases and make 

service delivery recommendations. 

 Although administrative or other task-oriented activities may shift between team 

members, as part of the development process the advisory/steering committee should 

take the time to define and assign key roles and responsibilities for each team member. 

Holistic Service Provision

In order to provide holistic services to youth participants of the TJHWC, it is important 

to have a team with the necessary skills and expertise to provide proper case management 

and support. Although team size may vary, it is important to identify members who are 

available to participate in regular case staffing. This is essential to consistent and collaborative 

efforts to provide quality services to Tribal youth. 
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Team members should be individuals who are either designated members of the TJHWC 

staff or who have specific time designated to support team case management. For most 

wellness courts, core membership of the team will include at least a Judge, Wellness Court 

Coordinator, Treatment Services Provider, and Family/Social Services Representative as 

necessary. 

Team structure should coincide with community needs, service provider capacity, and 

operational framework of the TJHWC. Additionally, the involvement required for each team 

member should be clearly defined. As the TJHWC is further established, the team may make 

suggested policy changes to the advisory committee. Some changes may be more 

recognizable, and service and outcome measures are noted and evaluated. 

It is important to note that in some communities, team members may also serve on the 

Advisory Committee and vice versa. For example, the cultural guide/ Tribal elder may serve as 

a team member coordinating cultural activities for youth participants, and may also serve in an 

advisory capacity. When individuals serve dual roles, they should be able to delineate their role 

and provide the support necessary to fulfill responsibilities in either a team-oriented capacity 

and/or an advisory capacity. 
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Sample Roles and Responsibilities for TJHWC Team members

Note: The sample roles and responsibilities are a starting point for planning. Each 

community is different and may have varying roles, responsibilities, and duties. 

Judge  Judge shall be the key leader of the TJHWC. 

 Judge shall make all final and binding recommendations in the 

management of the case. 

 Judge will explain the legal rights of the Defendant/Participant at the 

initial court appearance. 

 Judge will not only oversee the program performance and progress, 

but will also be instrumental in providing overall leadership and 

guidance for the team as a whole.

 Judge shall be an individual who is willing to work with youth, their 

families, community members, and team staff to ensure that the 

TJHWC is a healing space for Tribal youth. 

 Judge shall participate in weekly reviews of the participant’s cases 

and shall review all recommendations made by the team. 

 Judge shall supervise and reinforce recommendations made by the 

team and use both sanctions and incentives to help participants’

progress through the TJHWC. 

 Judge shall issue orders that designate and coordinate responses to 

activities of the participant, for example, the Judge shall increase or 

decrease monitoring of the participant, and the Tribal 

Police/Probation officer shall then act upon that particular 

recommendation. 

Wellness Court 

Coordinator

 Coordinator shall be primarily responsible for engaging the facilitating 

the participants’ entry into the TJHWC and monitoring case progress. 

 Coordinator will schedule all weekly case staffing and ensure that all 

team members are provided with case updates and recommendations. 

 Coordinator will maintain accurate records for data management and 

evaluation.

 Coordinator will assist and make recommendations related to the 

policies and procedures and shall coordinate with the Advisory 

Committee regarding any requests to amend current policies or 

procedures.

 Coordinator will maintain, develop, or procure resources necessary to 

provide participants with information to complete their TJHWC case 

process. These may include handbooks, manuals, resource sheets, 

etc.

 Coordinator will work with both tribal and non-tribal partner agencies 

to ensure that all coordinated agreements are maintained and 

followed. 

 Coordinator will work to engage both the youth and the public and

shall act as a liaison with federal, state, and Tribal representatives as 

is necessary to the functioning of the TJHWC. 
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 Coordinator will maintain accurate records for any funding agencies 

and shall complete all necessary and required reports pursuant to the 

Tribal financial policies and procedures. 

Case 

Manager/Probation

 Case manager will maintain case files and work with juvenile 

participants. 

 Case manager will randomly conduct weekly alcohol, drug, and other 

monitoring activities such as home, school, and site visits. 

 Case manager will coordinate with the family to support the youth in 

the development and completion of the case plan. 

 Case Manager will attend staffing and court hearings and will prepare 

reports and conduct activities to support the successful completion of 

the program by youth participants. 

 Case Manager may assist with screening processes and will support

youth entrance into the TJHWC. This may include conducting 

necessary interviews and reviewing all necessary forms and 

agreements. 

 Case Manager will work closely with the team to provide reports of 

the youth participant’s progress through the TJHWC case process.

 Case Manager will make recommendations regarding the status of the 

case, and will assist all other team members in the continual 

improvement of case management and plans. 

 Case Manager will be responsible for maintaining a comprehensive file 

and conducting processes necessary to accurately monitor participant 

progress, including, but not limited to random home and school visits 

that may occur outside of regular business hours. 

Prosecutor  Prosecuting Attorney will maintain a case file for the youth participant. 

 Prosecutor will work with the team to develop case plans and will 

make determinations with the team regarding entry of the youth into 

the TJHWC.

 Once accepted, the Prosecutor will work with the Court to issue any 

petitioners or orders for deferred prosecution, if necessary and in 

accordance with the laws of the Tribe.

 Prosecutor pursuant to Tribal Law, will coordinate strategies to 

address non-compliance. 

 In some instances, this may not result in additional charges related to 

the admission of substance use and/or truancy being filed against the 

youth, while the youth is in the TJHWC program.

 Prosecutor will act in accordance of the laws of the Tribe and 

pursuant to policies, procedures, and codes developed specifically for 

youth within the TJHWC.
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Public Defender  Public Defender has a duty to support the rights and the needs of

youth participants as they move through the process of the TJHWC. 

 Public Defender will work with the TJHWC to assist in 

recommendations for the TJHWC participant.

 Public Defender will keep participants apprised of their rights pursuant 

to Tribal law and shall remain a participant advocate at all times. 

 Public Defender will participate as part of a team approach to case 

management while preserving the rights and upholding the duties of 

the Court to the program participant. 

Tribal Police/Law 

Enforcement

 Tribal Police may be an initial contact and referral point for the 

TJHWC youth participants. 

 Tribal Police shall diligently work with the TJHWC to assist in referrals 

of youth related to substance use, or other behaviors stemming from 

the use of substances that may be addressed by participation in the 

TJHWC. 

 Tribal Police shall work with the team to provide accurate 

incident/arrest reports and shall provide delinquency history reports 

upon request by the TJHWC team. 

 Tribal Police may be requested to support the intensive monitoring 

process by assisting with follow up on curfew restrictions/drug testing 

and other monitoring efforts by the TJHWC team and as ordered by 

the TJHWC. 

 A member of the Tribal Police will serve on the Advisory Committee 

and shall support the TJHWC as needed to assist with the progress of 

the Tribal youth in the TJHWC. 

Treatment Services 

Provider/Behavioral 

Health

 Provider shall conduct professional assessments related to Substance 

Use disorders and Mental Health Treatment needs. 

 Provider will coordinate with team to provide comprehensive planning 

services for the TJHWC Participant. 

 Provider will work with the team to ensure all necessary consent and 

release information forms are in place for the Tribal youth participant. 

 Provider will provide the court and team with case management 

recommendations and will make additional referrals for treatment 

when needed. 

 Provider will assist in the development of the wellness plan and will 

assist on developing coordinated rehabilitation efforts for the youth 

participant. 

 When available, Provider will locate culturally appropriate resources 

for the youth participant. 
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Tribal/Family 

Service Provider

 In the instance that the youth participant is a ward of the Tribal 

and/or state court and is also a participant in the TJHWC, the Tribal 

Service Providers may join in both the case management plan and 

also as the family support provider in the individual case. 

 Tribal/Family Service Provider shall make recommendations to the 

court regarding the best interest of the youth, interaction with 

custodial parents (if child is a ward of the court), and engagement of 

caretakers. 

Education and

Cultural Providers

 These providers will serve in an as-needed and ongoing role related 

and regarding curriculum and cultural healing practices to support 

youth participants in the TJHWC. 

 Cultural providers will play a key role in shaping the cultural support 

services to be integrated within the case plan. 

 Educational Providers may serve as key links for referral processes 

within the TJHWC due to their relationship with the community’s tribal 

youth. 

Case Staffing: Core team members should meet weekly or as often as is necessary to make 

collaborative decisions regarding case management for youth participants. Non-core team 

members may be included in regular and ongoing court development or planning meetings. 

Other consultants or providers may be included as necessary. 

It is important to remember that each community is unique. The youth within the 

community will benefit greatly from a TJHWC team that is created to serve individual 

community strengths and needs. It is important for developers of a TJHWC to take into 

account the capacity of current judicial department staff and identify staffing needs early on. 

Dual roles and responsibilities may be necessary in some communities, however no individual 

should become so over-burdened with responsibility that he/she is unable to provide adequate 

services. Defining roles and responsibilities will assist the TJHWC in providing supportive case 

management for TJHWC participants. 
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Tribal Juvenile Healing to Wellness Court Handbook Resource: Template for Action Planning

Action Plan (Remember to break down multi-step goals into sub-parts)

Action Steps Person Responsible Deadline Resources Potential Barriers Result

What tasks are to be 

completed?

By Whom? By When? What do you need to 

complete this task? 

(People/Money/Resources)

What potential 

problems exist that 

may inhibit 

completion of the 

task?

What are the 

outcomes of the 

task?

Example:

TJHWC team will 

develop policy and 

procedure manual 

for the TJHWC

All TJHWC current 

staff. Wellness court 

coordinator will be 

designated lead. 

Within 3 months Need resources to support 

the development of 

policies and procedures 

for the TJHWC. Need 

advisory team support. 

Need to set aside 

adequate time to develop 

the procedures manual. 

Need Team input. 

Team does not have 

a lot of time to meet. 

Understaffed at the 

moment within the 

court, do not have 

extra time to devote 

to the development 

of a manual. Advisory 

team has been 

unavailable to review 

and edit. 

Policies and 

procedures manual 

will be developed to 

support the 

infrastructure of the 

TJHWC. 

Add rows as 

needed

Creating an Action Plan: Insert each goal and desired outcome for the TJHWC in the results column. Then as a team, review the steps 

necessary to achieve the goals/outcomes set forth. Each column should be considered as the team works together to develop action steps 

for each goal.
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Tribal Juvenile Healing to Wellness Court Handbook

Resource: Developing Intra-Agency Memorandum of 

Understanding (MOU)

____________________________________________________

As the Tribal Juvenile Healing to Wellness Court Advisory Team and Coordinator identify 

the roles and responsibilities of the TJHWC, it may be necessary to draft intra-agency 

(meaning within the agency) Memorandum of Understanding (MOU) to support the 

team infrastructure and to provide for the services necessary to implement of the TJHWC. 

The TJHWC advisory team, coordinator and staff should review any tribal policies, 

procedures or codes related to the development of intra-agency agreements.

Memorandum of Understanding are written documents that acknowledge 

agreements between parties. Within the context of the TJHWC, intra-agency MOU will 

generally address the agreement for provision of services by and between tribal service 

departments. The TJHWC is generally a multi-disciplinary team that can include both tribal 

and non-tribal partnerships. Intra-agency MOU address partnerships that will be 

established between services partners within the tribal agency.

What are some of the components of an effective Tribal intra-agency 

Memorandum of Understanding?

 The purpose and scope of the MOU

 The authority, if any to support the development of the MOU

 The parties that are to be a part of the MOU

 The date of the agreement

 The respective duties, expectations, roles, and responsibilities of each party that 

will be a signatory of the MOU

 Signature of all parties of the MOU

 The process by which the MOU may be amended or terminated as needed

What is the process for developing a Memorandum of Understanding?

 The team should have an understanding of the roles and responsibilities needed 

to support the TJHWC in order to identify the appropriate Tribal offices or programs 

with which it will partner. 
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 The team should have a clear understanding of the willingness of the partner 

agencies to engage with the TJHWC. Assigning roles and responsibilities to partner 

programs without the support of the advisory committee or Tribal leadership may 

be difficult for some tribal programs. 

 The TJHWC team should adhere to all processes and protocols related to intraagency agreements and should also review administrative codes, if any, that exist 

to support Tribal agency agreements. 

What are some of the special considerations for TJHWC teams as MOU are 

developed?

 The MOU may need to address confidentiality in the instance that information to 

be shared is subject to any applicable privacy/confidentiality ordinances or laws. 

 MOU may need to account for roles and responsibilities specific participation within 

the TJHWC team, including specific duties related to TJHWC case management. 

 In anticipation of any departmental turnover, it may be helpful to use general 

identifiers related to departmental services, rather than include specifically naming 

individuals. In the instance that it is necessary to identify a specific provider, the 

MOU should include a clause for the use of alternate providers. 

Resources: 

For an example of a Tribal Drug Treatment Court MOU see the following resources, remember 

that MOU are unique to the community and the services to be rendered. Therefore examples 

should only be used as a starting point for TJHWC team discussion. 

1. Cherokee Tribal Drug Treatment Court, (Cherokee North Carolina), Memorandum of 

Understanding, via American University, Justice Programs Office.

Available here: https://jpo.wrlc.org/handle/11204/2679 

2. See also this example of a MOU related to treatment provider services, via the National Council 

of Juvenile and Family Court Judges. 

Available here: http://www.ncjfcj.org/sites/default/files/SampleMOU.pdf
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Tribal Juvenile Healing to Wellness Court Handbook

Resource: Developing Interagency Memorandum of 

Understanding (MOU)

_____________________________________________

The development of partnerships can support the work of the Tribal Juvenile Healing 

to Wellness Court in many ways.

 Partnerships may increase the capacity for TJHWC case therapeutic processes and 

services to the Tribal youth participants. 

 Partnerships supported by MOU may allow for the transfer of youth who are 

currently involved in non-tribal jurisdictions such as municipal, county or state 

juvenile courts to be treated within the tribal wellness court.

 Partnerships with community organizations can expand the range of opportunities 

available to youth and their families. 

“Many Indian nations process criminal offenses involving alcohol and drug abuse as 

civil offenses or collaborate with states to transfer individuals into tribal court or directly 

into Tribal Healing to Wellness Courts,” (Tribal Healing to Wellness Courts Ten Key 

Components, 2014). Thus, “Key Component Two, of the Tribal Ten Key Components 

emphasizes the need for tribal and state intergovernmental agreements created with the 

Tribal Healing to Wellness Court in mind to properly facilitate alternate Tribal Wellness 

Court options when the need arises.” Engaging cross-jurisdictional partners is an optimal 

way to provide services to tribal youth across the spectrum of jurisdictions. 

What are some of the components of an effective tribal interagency 

Memorandum of Understanding?

 The purpose and scope of the MOU should be introduced.

 The authority, if any to support the development and implementation of the MOU.

 The parties that are to be a part of the MOU.

 The date and term of the agreement.
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 The respective duties, expectations, roles, and responsibilities of each party that 

will be a signatory of the MOU.

 Signature of all parties of the MOU.

 The process by which the MOU may be amended or terminated as needed.

 Although most MOU are legally non-binding documents, cross-jurisdictional 

partnerships may require other terms pursuant to any applicable Tribal, state, or 

local ordinance. 

What is the process for developing an Interagency Memorandum of 

Understanding?

 The team should have an understanding of the roles and responsibilities needed 

to support the TJHWC in order to identify the appropriate jurisdictions or programs 

with which it will partner.

 The team should have a clear understanding of the willingness of the partner 

agencies to engage with the TJHWC.

 The TJHWC team should adhere to all processes and protocols related to intraagency agreements and/or should review administrative codes, if any, that exist to 

support Tribal agency agreements. 

What are some of the barriers in developing inter-agency and/or crossjurisdictional partnership?

 Generally, the TJHWC must rely on the support of the Tribal governmental and 

other leadership to support nonTtribal entity and cross-jurisdictional partnerships, 

a process that takes time and organizational effort. The team should be willing to 

remain engaged in the process while still providing regular services within the 

TJHWC.

 Prior to implementation, cross-jurisdictional partnerships supported by MOU may 

require the development of statements related to services, confidentiality, and 

other court processes. Additionally, supporting forms and transfer orders may need 

to be developed to support the overall process. 

What are some of the special considerations for TJHWC teams as MOU are 

developed?

 MOU may need to account for roles and responsibilities specific to the TJHWC 

team, and with any non-tribal partner, or cross-jurisdictional partner.
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 In anticipation of any departmental turnover, it may be helpful to use general 

identifiers related to departmental services, rather than include specifically naming 

individuals. In the instance that it is necessary to identify a specific provider, the 

MOU should include a clause for the use of alternate providers. Severability 

provisions may assist with keeping remaining components of an MOU intact if 

certain provisions are to terminate due to the relationship or capacity of the 

parties.

Resources: 

For an example of a Tribal Drug Treatment Court MOU see the following resources, remember 

that MOU are unique to the community and the services to be rendered. Therefore examples 

should be a starting point for TJHWC team discussion. 

1. Cherokee Tribal Drug Treatment Court, (Cherokee North Carolina), Memorandum of 

Understanding, via American University, Justice Programs Office 2010. 

Available here: http://jpo.wrlc.org/handle/11204/2679

2. See also this example of a MOU related to treatment provider services, via the National Council 

of Juvenile and Family Court Judges.

Available here: http://www.ncjfcj.org/sites/default/files/SampleMOU.pdf, Accessed March 2017

3. See a Model Memorandum of Understanding for Juvenile Diversion between the State of Alaska 

and Tribal Villages, Available through the University of Alaska Anchorage. 

Available here: https://www.uaa.alaska.edu/academics/college-of-health/departments/justicecenter/events/2014-events/_documents/mca-c2.djj_model-mou.pdf Accessed March 2017

4. Read more about Promising Strategies of Tribal-State Court Relations here, from Tribal Law 

and Policy Institute, 2013

Available here:

https://www.walkingoncommonground.org/files/TLPI%20Promising%20Strategies%20TribalState%20Court%20Relations_FINAL_Updated%208-15-13.pdf Accessed March 2017
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Tribal Juvenile Healing to Wellness Handbook

Developing Participant Handbooks

____________________________________________________

Providing the youth participant with a resource that outlines the processes of the 

TJHWC will assist with the initial orientation of the youth participant. Additionally, receipt 

of a handbook may also serve as a tool to support the accountability of the youth as they 

progress through the phased plan. This is a sample outline for the content that may be 

included within a participant handbook. The TJHWC team should work together to design 

a handbook that will appeal to the tribal youth participants. 

Sample Outline: 

Orientation Handbook 

for TJHWC Participants

Brief Summary

Purpose Statement for 

TJHWC/Authority

A summary of the purpose of the TJHWC Court and 

authority to operate (may include tribal

code/statute/administrative order)

Mission Mission statement of the TJHWC

Vision Vision statement of the TJHWC

Eligibility Criteria The eligibility criteria for the TJHWC, including but not 

limited to, the age, tribal affiliation requirements, 

jurisdictional factors to be considered, the offense for 

which the juvenile is referred, competency, and 

readiness to engage within the TJHWC system.

Welcoming Message to 

Youth

A welcoming message to the youth participant and 

include inspirational and positive message to promote 

participant engagement.

Description of the 

Program

An overall description of the case process.

Description of Screening 

and Assessment process 

A summary of information related to screening, 

assessment and how the information will be used 

throughout the course of the case.
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Procedures for Participant 

Orientation

The processes that are included in participant 

orientation, including the completion of necessary 

forms and meetings with TJHWC staff to walk through 

policies, procedures, and acceptance of the terms and 

conditions to participate within the TJHWC. Participant 

agreement forms may be included here.

Overview of the Phased 

Process

A description of the phased system process and the 

components to be included within the phased process.

Overview of the TJHWC 

Team Roles and 

Responsibilities

A list of the roles and responsibilities of the Tribal 

Juvenile Wellness Court Team. *This section may be 

particularly important to discuss with the participant.

Overview of Participant 

Expectations and 

Responsibilities

A description of participant responsibilities and 

expectations of the TJHWC team, judge, and providers. 

Overview of Court 

Operations/Processes

A summary of the functioning process of the TJHWC 

including a description of the processes that occur, 

including, but not limited to, case review, hearings, 

follow up, family engagement, cultural activities, 

spiritual support, and other functions of the TJHWC.

Overview of Procedure 

for Consequences and 

Rewards

A summary of the the process for implementing 

consequences and rewards (sanctions and incentives) 

and provide a detailed list of the types of consequences 

and rewards that may be administered.

Treatment Processes Details the types of treatment that may be 

administered as part of the TJHWC case process 

including, in-patient treatment, outpatient, services to 

be offered, relapse prevention, spiritual guidance, other 

re-integration and engagement processes.

Cultural Spiritual Guidance A summary of the cultural/spiritual support that are 

available within the TJHWC system. Unique tribal 

custom determines the subject matter of this section.
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Traditional Participation Describe the cultural activities may be a component of 

the system, this section can describe how a youth may 

participate.

Drug Screening/Testing Describe the drug testing requirements, processes and 

procedures. Randomized drug testing is an essential 

element of the TJHWC case process.

Graduation Requirements This section may detail the process by which youth 

graduate from the TJWHC phased process. 

Aftercare This section may address after-care procedures and 

options for youth participants.

*This outline is a sample only. This outline does not cover all 

procedural components that may occur within a unique tribal community. 

Considerations for newly developing Tribal Juvenile Healing to Wellness 

Courts:

 Materials that are developed specifically for youth should be easy to comprehend 

and appealing to a youth audience.

 Information included within the participant handbook should mirror and coordinate 

with established policies and procedures. In the instance that policies and 

procedures are updated, manuals and coordinating youth and caregiver handbooks 

should be updated as well.

 Youth should be given an opportunity to review the material and a TJHWC team 

member should be responsible for following up with participants regarding any 

questions they may have about the TJHWC case process. 

Resources:

For more ideas about juvenile treatment court handbooks, your team may review the following 

resources1. The DeKalb County Juvenile Drug Court Participants Handbook, DeKalb County, Available through the 

National Drug Court Resource Center, http://www.ndcrc.org/content/juvenile-drug-court-participanthandbook 

2. The Kenaitze Indian Tribal Circle Handbook, available through The Resource Basket, See KIT Tribal 

Circle Handbook on their resource page. Available at http://resourcebasket.org/resources/tools/
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Tribal Juvenile Healing to Wellness Court Handbook 

Learning More About Adolescent Screening Tools 

____________________________________________________

 Screening is an initial process that may be conducted as part of the application to 

the TJHWC. "Screening involves a very brief effort to determine whether a youth shows 

some indication of having a substance use (or other mental health disorder) and may 

require a more comprehensive, individualized examination of the psychosocial needs and 

problems as part of an assessment process," (Hills, 2009). 

Within the TJHWC forum, the team may need to provide an initial screening that 

will account for both legal eligibility as well as additional screening to identify other needs 

to be addressed by a treatment provider. Research supports that eligibility screening 

should be undertaken using written criteria and validated screening tools, (Ten Key 

Components, 2014). "Screening measures can be administered by a range of clinical and 

nonclinical staff who have been appropriately trained in their administration and who 

understand the policies about who may have access to the information generated and 

what "next steps" should be undertaken based on the results," (Hills, 2009). The TJHWC 

team should account for the necessary training to conduct regular screening of TJHWC 

applicants. Proper screening for eligibility and participant needs will support the successful 

integration of treatment and services within the TJHWC case process.

Sample List of Screening Areas for

Tribal Juvenile Healing to Wellness Court Participants.

Program Eligibility

Prior Court Involvement (Including history of Violent behavior)

History/Use of Drugs/Alcohol/Illicit Substances

Readiness for to Engage within the TJHWC

Readiness for Treatment

Well-Being Needs and Strengths

Risk Assessment

*This is not an exhaustive list, there are many screening tools available for justice practitioners. 

Your team should identify tools that will work for your service population.

 
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There are numerous diagnostic tools for screening, however some tools may require additional 

training to administer. The TJHWC team should discuss the screening tools necessary to 

determine eligibility for the program and to provide quality services to participants. Once the 

screening tools are selected, staff should become trained in the respective screenings. Some 

examples of screening tools for adolescents are listed below. Screening tools should support the 

work of the TJHWC. Tools that are utilized should be validated and reliable and relevant to the 

service population. 

Sample list of Adolescent Screening Tools: 

GAIN- Short Screener

Diagnostic Interview Schedule for Children- IV

SSAI-A2

CRAFFT

Screening and Motivational Interviewing Tools

Adolescent Substance Abuse Subtle Screening Instrument

Personal Experience Screening Questionnaire

NIDA Drug Use Screening Tools: Quick Screen- APA Adapted NM ASSIST Tools

DAST-20 Adolescent Version

*This is not an exhaustive list, there are many screening tools available for justice practitioners. 

Your team should identify tools that will best serve your service population.

For more information about screening tools see:

1. Thomas Grisso and Lee Underwood, "Screening and Assessing Mental Health and Substance Use 

Disorders in the Juvenile Justice System, A Resource Guide for Practitioners," (2004), Available at: 

https://www.ncjrs.gov/pdffiles1/ojjdp/204956.pdf

2. Holly Hills, Jennie Shufelt, Joseph Cocozza, "Evidence-Based Practice Recommendations for 

Juvenile Drug Courts," National Center for Mental Health and Juvenile Justice, Models for Change, (2009), 

Available at: 

http://www.modelsforchange.net/publications/235/EvidenceBased_Practice_Recommendations_for_Juven

ile_Drug_Courts.pdf

3. Chart of Evidence-Based Screening Tools for Adults and Juveniles, National Institute on Drug 

Abuse, (2015), Available at: https://www.drugabuse.gov/nidamed-medical-health-professionals/toolresources-your-practice/screening-assessment-drug-testing-resources/chart-evidence-based-screenigtools-adults
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 Tribal Juvenile Healing to Wellness Court Handbook 

Learning More About Adolescent Assessment Tools

____________________________________________________

Providing therapeutic processes for TJHWC participants is part of the holistic case planning 

process for Tribal youth. Without proper assessment the TJHWC case process will not account 

for the specific needs of the youth participant. So what is assessment? "Assessment is the 

more extensive process of individualized evaluation and may occur at various points of the 

judicial process, and may be focused on a variety of decisional needs," (Grisso, 2004). 

Comprehensive assessment for both needs and strengths of the youth participant should be 

conducted at the admittance stage, and then throughout the case process as needed. Clinical 

assessment should be conducted by a qualified behavioral health provider.

See some of the areas below that may be addressed via assessment include, but are not 

limited to the following: 

Example Areas of Adolescent Assessment

Use of Alcohol or other Drugs

Criminogenic Needs

Mental Health Needs

History of Abuse or Other Traumatic Experiences

Well-being Needs and Strengths

Conduct Disorders

Affective Disorders

Anxiety Disorders

Attention Deficit Disorders

Developmental Disabilities

Depressed Affect
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Anxiety

Suicidal Tendencies

Unusual or Bizarre Thoughts

Anger and Aggression

Competency

Why is assessment so important within the TJHWC? 

Assessment is a method to discover both the strengths and needs of the 

youth participant. Additionally, since compliance with the case plan a core component for 

graduating phases, it is important to identify the behavioral issues that may need to be 

addressed throughout the case process. Research indicates that, "it is important to assess cooccurring mental health issues because youth with co-occurring disorders are less likely to 

successfully complete the program,"(JDCTG, 2016). Equipped with this knowledge, the TJHWC 

team can work with the participant to overcome some of the barriers that may arise due to 

co-occurring disorders. As well, judicial staff may require additional training on understanding 

the behaviors related to any co-occurring disorders to properly administer consequences, 

rewards, or other judicial orders. 

There are numerous diagnostic tools that may be utilized by clinicians.

Some examples of assessment tools for adolescents are listed below. Assessment processes 

are utilized to support the therapeutic interventions and treatment plans of the TJHWC 

participants. Additionally, clinicians supporting the needs of the TJHWC participant should be 

able to communicate the needs of the participant to the TJHWC team. This will ensure that 

case processes accommodate both the needs and strengths of the youth participant. 
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Example Adolescent Specific Diagnostic Tools 

Comprehensive Adolescent Severity Inventory (CASI)

Teen Addiction Severity Index (T-ASI)

Adolescent Alcohol and Drug Involvement Scale

Child and Adolescent Functional Assessment Scale (CAFAS)

Mental Health Needs Assessment Instruments for Youth MAYSI-2

Trauma Screening via the Adverse Childhood Experience Questionnaire

UCLA Child Adolescent PTSD Reaction Index for DSM-5

Traumatic Screening Events Screening Inventory for Children and Parent Report Form

It should be noted that assessment does not pertain solely to negative outcomes and 

processes. These tools are not as common as other assessment tools. However, the TJHWC 

team may want to encourage the use of strengths based assessment processes, which focus 

on capability and capacity to succeed. For example, "the Fresno American Indian Health Project 

Youth Council developed and pilot tested a strengths-based, holistic, and youth friendly selfassessment tool grounded in the Medicine Wheel, a framework and theoretical orientation for 

teaching wellness in many tribal communities," (Barraza, 2016). This is an example of a 

culturally based strengths-based assessment tool that may support the development of the 

individualized case plan of the TJHWC participant. 

For more information about assessment see:

1. Thomas Grisso and Lee Underwood, "Screening and Assessing Mental Health and Substance 

Use Disorders in the Juvenile Justice System, A Resource Guide for Practitioners," December 

2004, Available at: https://www.ncjrs.gov/pdffiles1/ojjdp/204956.pdf

2. Juvenile Drug Court Treatment Guidelines, Office of Juvenile Justice and Delinquency 

Prevention, Office of Justice Programs, December 2016.

3. Barraza R, et al., Strengths Based Assessment, Am Indian Alsk Native Ment Health Res. 2016;
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Tribal Juvenile Healing to Wellness Court Handbook 

Resource: Sample Adolescent Phased Progression Plan 

_______________________________________________________________________

The Tribal Healing to Wellness Court: Sample Phased Plan

This is an example of a phased plan within a wellness or juvenile treatment court setting. 

As the TJHWC team works to design a phased plan for the TJHWC, it is important to 

remember that youth have varying needs, histories, and tendencies. Data supports the 

assertion that, "a "one-size-fits-all" approach in juvenile drug treatment programs will not 

provide appropriate treatment and support for all youth, nor can juvenile drug treatment 

courts all of the services necessary to meet youth's diverse needs,"(JDCTG, 2016).

Note that this plan is a four (4) phased plan lasting approximately 12 months. TJHWC 

may adjust the timeline for phased case progression based on the individual needs of the 

participant. However, TJHWC policy and procedure should dictate the minimum and 

maximum length of the TJHWC case process to support procedural fairness and due 

process for both the participant and the Tribal community. 

Phased

Progressio

n

Phase 1 Phase 2 Phase 3 Phase 4 After-care

Goals Reduction of 

alcohol/substance 

use and delinquent 

behavior

Free of 

substance use 

and 

delinquent 

behavior

Free of 

substance use 

and 

delinquent 

behavior

Free of 

substance use 

and delinquent 

behavior

Continue to 

be free 

from 

substance 

abuse and 

delinquent 

behavior

Length of 

Time

2-4 weeks 3-4 months 3-6 months 1-2 months On-going

Judicial 

Supervision

(Court 

contact)

Minimum 1x every 

2 weeks

Minimum 1x 

every 3-4 

weeks

Minimum 1x 

every 4 weeks

Minimum 1x 

every 2-3 

months

Complete
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Case 

Manager

Supervision

Intense Supervision

3-4

face-to-face 

contacts per week

High

Supervision 

2-3 

face-to-face 

contacts per 

week

Moderate

2 

face-to-face 

contacts per 

week

Low

1-2

face-tofacecontacts per 

month

Complete

Substance 

Treatment

Compliance 

with Individualized

Treatment plan

Compliance 

with 

Individualized 

Treatment 

Plan

Compliance 

with 

Individualized 

Treatment 

Plan

Compliance 

with 

Individualized 

Treatment 

Plan

Continue as 

needed and 

seek selfhelp 

meetings 

where 

available

Random 

Drug Testing

As needed and 

decided by TJHWC 

team

As needed 

and decided 

by TJHWC 

team

As needed and 

decided by 

TJHWC team

As needed and 

decided by 

TJHWC team

Complete

Family 

Involvement

Attend court 

sessions, 

parent/caregiver 

meetings, group 

activities where 

available 

Attend court 

sessions, 

parent/

caregiver 

meetings, 

group 

activities 

where 

available

Attend court 

sessions, 

parent/

caregiver 

meetings, 

group 

activities 

where 

available

Attend court 

sessions, 

parent/

caregiver 

meetings, 

group 

activities 

where 

available

Continue to 

engage in 

community 

events/

activities 

where 

available

Curfew Electronic 

Monitoring Where 

available/ 

homebound in safe 

environment no 

less than 2 weeks

No later than 

7:00 p.m., 

passes for as 

school, family, 

or community 

activities

Negotiated 

with TJHWC 

team

Established by 

caregiver, but 

no later than 

11:00 p.m.

Complete

School/

Employment

Mandatory School 

Attendance 

Or

Mandatory 

School 

Attendance or 

GED Classes

Mandatory 

School 

Attendance or 

GED Classes

Mandatory 

School 

Attendance or 

GED Classes

Complete
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GED Application if 

needed. 

Employment search 

if GED completed

Tutoring if needed. 

Employment if 

not in school 

or GED 

completed, 

positive 

behavior 

reports

Tutoring if 

needed

Employment if 

not in school 

or GED 

completed, 

positive 

behavior 

reports

Tutoring if 

needed

Employment if 

not in school 

or GED 

completed, 

positive 

behavior 

reports

Tutoring if 

needed

Participant 

Engagement

/Community

Activities

All TJHWC activities 

as directed by 

team.

All TJHWC 

activities as 

directed by 

team

All TJHWC 

activities as 

directed by 

team

All TJHWC 

activities as 

directed by 

team

Engage as 

mentor

Community

Service

None during this 

phase

20 hours or as 

determined by 

the TJHWC 

judiciary

10 hours or as 

determined by 

TJHWC 

10 hours or as 

determined by 

TJHWC

Continue to 

provide 

service to 

community

Cultural

Engagement

As activities are 

available and 

choice to 

participant

*TJHWC should 

assess participant 

readiness to 

engage

As activities 

are 

available and 

choice to 

participate

As activities 

are available 

and choice to 

participate

As activities 

are available 

and choice to 

participate

As desired

Promotion

to next 

phase

Compliance with 

case terms, 

participation in 

treatment, school 

attendance and no 

new charges

Compliance 

with case 

terms, 

participation 

in treatment, 

school 

attendance, 

no new 

charges, 60 

day period of 

sobriety. 

Compliance 

with case 

terms, 

participation in 

treatment, 

school 

attendance,

Employment,

no new 

charges,

90 days of 

sobriety

Compliance 

with case 

terms, 

participation in 

treatment, no 

new charges, 

sobriety for 90 

consecutive 

days, TJWHC 

decision to 

support 

graduation

Completed 

Phased 

Process.
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Considerations for newly developing Tribal Juvenile Healing to Wellness 

Courts:

 The TJHWC should maintain flexibility as the plan for each participant is designed 

and implemented. No plan will meet all the needs of each participant. "Programs 

that use a more flexible fidelity framework focused on the delivery of specific 

treatment elements shown to be effective, rather than a prescriptive sequencing 

of every program element, may be more effective when trying to engage and retain 

clients whose circumstances make it difficult to follow a regimented program 

schedule, "(JDCTG, 2016, Campie et.al., 2016).

 Family/Caregivers should be provided a copy of the case plan and the team should 

regularly confer with the family/caregiver to ensure that the case plan 

requirements are not overly burdensome or inaccessible. Many caregivers may find 

it difficult to access multiple resources in a short period of time. Support by team 

members of the TJHWC is integral to meeting the needs of the youth participant.

Resources:

1. "Juvenile Drug Court Treatment Guidelines," Office of Juvenile Justice and Delinquency 

Prevention, Office of Justice Programs, December (2016). 

2. "Tribal Healing to Wellness Courts, The Key Components," 2nd Ed., May, (2014), Bureau of 

Justice Assistance.
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Tribal Juvenile Healing to Wellness Court Handbook 

Resource: Integration of Traditional Healing and Diagram 

Culturally Integrative Wellness Court Processes

____________________________________________________

One of the key components of the Tribal Healing to Wellness Court process is the 

aspect of treatment and rehabilitation, within the scope of rehabilitation, the court, “provides 

access to holistic, structured, and phased alcohol and drug abuse treatment and rehabilitation 

services that incorporate culture and traditions.” (See Tribal Healing to Wellness Courts: The 

Key Components, Key Component 4 ) The integration of support systems that create a safehaven for traditional healing through spirituality is one of the most unique aspects of the 

Tribal Juvenile Healing to Wellness Court. Tribal people have the ability and opportunity to 

integrate known healing practices as part of the support system for tribal juvenile healing to 

wellness court participants. As tribes are unique, individual, and have differing histories, 

practices and ways, no one individual course of treatment will be applicable to all. However, 

examples of cultural traditions being integrated within the healing to wellness court process 

include but are not limited to, “talking circles, sweats, smudging ceremonies, prayer, and 

other culturally accordant ways to reconnect their lost members back to the tribe, the people,” 

(Flies-Away and Garrow, 2013) 

Other examples of healing practices may include the calling of elders, healers or 

participation in traditional ceremony (See Tribal Healing to Wellness Courts: The Key 

Components, Key Component 4) These practices however important are not forced upon the 

participant, but rather provided as needed and desired by the participant to continue the 

healing journey toward sobriety. The team should work within the scope of their tribal 

traditional ways and custom in developing the spiritual or tribal traditions that will be 

integrated as part of the case planning process for healing to wellness court participants.

 Through traditional culture and spirituality, Tribal communities can heal and 

reinvigorate the spirit of a child. This in turn helps youth with increased self-esteem and 

strengthens their identity as Native people. Incorporating traditional healing practices and 

tribal lifeways are two of the most important aspects in the success of a Tribal Juvenile 
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Healing to Wellness Court. These cultural interventions are precisely what make TJHWC both 

unique and effective. Research indicates that culturally infused interventions are associated 

with lower depression, lower alcohol use, lower anti-social behavior, and lower levels of 

dysfunctional behaviors among Native youth (Melton et al, 2014). An important dimension 

to cultural identification is having a stake in tribal society (Sanchez-Way & Johnson, 2000). 

Embracing a tribal worldview and reviving tribal traditions that can be incorporated into to 

the TJHWC, allows for juvenile offenders to learn deeper lessons about their role in their 

community and engage in constructive sentences. A focus on traditional healing practices is 

ideal to increase the efficacy of cultural interventions. Medicine men and women, healers, 

and healing ceremonies have been cited as invaluable cultural resources for dealing with life 

crises (Beauvais and Oetting, 1999). Here, we acknowledge that traditional healing is an allencompassing reintegration of tribal norms. In order for youth to reap the countless benefits 

that traditional ceremonies and rituals provide, they must understand those experiences 

within the greater context of tribal life. 

Cultural Interventions:

Effective programs employ a variety of approaches and interventions in a variety of 

settings (Sanchez-Way & Johnson, 2000). Many organizations across the country that work 

with Native youth have made adaptations to evidence-based programs in order to increase 

cultural relevance and increase effectiveness (Stratford & Murphy, 2016). The model below 

lists options that TJHWC can utilize to incorporate culture into the justice process. Each area 

is interconnected and while each may stand alone, they are far more effective when utilized 

as a whole. The examples in a particular section may or may not be applicable to a particular 

Tribal nation. One must also consider the cultural competence of the Tribe and the depth to 

which traditional knowledge exists within that community. Identification of cultural 

consultants will contribute to the success of cultural integration within a TJHWC. Cultural 

consultants may include, but are not limited to elders, medicine people, and cultural 

preservation staff. In instances where a Tribe has experienced a cultural deficit looking to 

historically related Tribes and connected communities may be helpful. 
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Chart: Integration of Cultural Ways in the Juvenile Healing to Wellness Court

Developed by the OJJDP Tribal Youth Training and Technical Assistance Center

Tasha Fridia, J.D. and Anna Clough, J.D. (2017)

•Understanding Traditional 

Kinship Systems

•Addressing Peers and 

Administrators Using Kinship 

Terms

•Establishing Mentorship Programs 

and Following a Kinship Model

•Tribal Value Systems

•Language Lessons

•Havesting Traditional Medicines 

and Foods

•Traditional Hunting and Fishing 

Practices

•Traditional Sports and Games

•Understanding Ceremonial and 

Community Protocols

•Reglia Lessons

•Hide Tanning

•Butchering

•Weaving

•Traditional Food Preparation

•Beadwork

•Attending Powwows and 

other Social Dances

•Construction of Sacred 

Objects

•Traditional Singing and 

Instruments

•Smudging

•Sweatlodge Ceremonies

•Stomp Dance

•Attending a Sundance

•Healing Ceremonies

•Storytelling and Oral History

•Participation in a Talking Circle

•Completing Preparation for 

Ceremonies

Ceremony 

and Rituals

Tribal 

Arts

Ancestral 

Kinship

Traditional 

Lifeways
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Overcoming Challenges: 

TJHWC should be both forward thinking and realistic incorporating traditional 

healing and lifeways. Obstacles will vary depending on the tribal community involved. 

Below is a list of commonly experienced obstacles. Also, included are strategies to 

improve and strengthen cultural programmatic approaches. Neither of these is intended 

to be all inclusive. Both lists are provided to provoke thought and reflection by each 

TJHWC. 

Obstacles to Incorporating Traditional Healing and Lifeways:

 Lack of traditional knowledge

 Weather

 Remoteness

 Lack of Resources

 Lack of clearly defined goals and objectives

 Youth perceptions/feeling regarding participation

How to Strengthen Cultural Programmatic Approaches:

 Develop and educate adult stakeholders to reinforce traditional teachings

 Build upon cultural activities to develop a cultural immersion program

 Create a variety of cultural opportunities for participants

 Utilize peer group members with traditional knowledge

 Establish evaluation mechanisms to determine effectiveness of programming

Resources

1. Pecos Melton, A., Martinez, R., & Melton, D. J. (2014, August). Experiences with 

Incorporating Culture into Tribal Green Reentry Programs. Retrieved February 25, 

2017, from http://www.aidainc.net/Publications/greenreentryevaluationbrief.pdf

2. Sanchez-Way, R., & Johnson, S. (2000). Juvenile Justice Journal, Volume VII, 

Number 2. Retrieved February 20, 2017 from 

https://www.ncjrs.gov/html/ojjdp/jjnl_2000_12/cult.html
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3. Beauvais, F., and Oetting, E.R. 1999. Drug use, resilience, and the myth of the 

golden child. In Resilience and Development: Positive Life Adaptations, edited by 

M.D. Glantz and J.L. Johnson. New York, NY: Kluwer Academic/Plenum 

Publishers, pp. 101-106

4. Stratford, B., & Murphy, K. (2016, September 15). Taking a Cultural Approach to 

Supporting Native American Youth. Retrieved February 06, 2017, from 

https://www.childtrends.org/taking-a-cultural-approach-to-supporting-nativeamerican-youth/

5. Joseph Flies-Away, Carrie Garrow: Healing to Wellness Courts: Therapeutic 

Jurisprudence, 2013 Mich.St.L.Rev.403, Retrieved from:

http://digitalcommons.law.msu.edu/cgi/viewcontent.cgi?article=1006&context=lr
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Tribal Juvenile Healing to Wellness Court Handbook 

Learning More: Consequences and Rewards

(Sanctions and Incentives)

_______________________________________________

The Tribal Juvenile Healing to Wellness Court (TJHWC) utilizes many components to 

support the needs of the youth participants. To support the individual participants in behavior 

change, the TJHWC may utilize both consequences and rewards. The terms consequences 

and rewards are utilized in the place of the terms (sanctions and incentives). Incentives 

(which are referred to as rewards within this document), are motivational tools are given for 

positive increases and successes throughout the case plan. Sanctions, (which are referred 

to as consequences within this document) are used to encourage participants to comply with 

the tribal healing to wellness court case plan and general program policies. Consequences 

and rewards are widely accepted as an integral component of any teen drug court treatment 

program. In the instance that your court system is implementing the “Tribal Ten Key 

Components for Healing to Wellness Courts, (2014),” the use of sanctions and incentives can 

be reviewed under Key Component 6. 

Q. So what are some of the behaviors that may be addressed by the use of 

consequences and rewards?

Recognizing even incremental successes is important to support the progress of the youth 

participant within the TJHWC. Participant acknowledgment and accountability for actions 

that do not adhere to the case plan and participant agreement should also be consistently 

addressed by the team. “Research tells us that in order to bring about a change in behavior, 

an incentive or sanction needs to be immediate, certain, fair and of the appropriate intensity,” 

(Yeres et. al., 2005). In recognizing the unique nature of tribal identity, values, and culture, 

teams should acknowledge that, "what may be an incentive in one community may be 

irrelevant in another,” (The Key Components, 2014). Researching known appropriate 

consequences and rewards for youth is an important step to TJWHC planning.

 In the instance that a rewards and consequences system will be incorporated into the 

TJHWC the team should compile list of consequences and rewards and include them in the 

TJHWC policies and procedures. Additionally, as services are offered, the team should assess 
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the consequences and rewards that are most impactful with the youth participants. It is 

important to administer both consequences and rewards in an individualized manner and to 

account for the specific needs and case progress of the youth participant. A consequence or 

reward that works for one youth may not have the same impact for another youth participant. 

Further, in the context of youth treatment courts research indicates that, "the application of 

incentives should equal or exceed the sanctions that the juvenile drug treatment court 

applies,” (JDTCG, 2016). 

 The following list includes areas which may be addressed by the imposition of fair and 

appropriate consequences and rewards. The list below is not exhaustive, rather is a starting 

point for team discussion.

Sample case plan areas that may be addressed with the use

of rewards and consequences:

Court Appearances School Attendance

Engagement with TJHWC Team Curfew

Family Interaction Sobriety/Drug Testing

Attainment of Goals Grades School Performance

Employment Other Case Management Area

Q. What types of consequences and rewards that may be administered by 

the court?

A. The table below includes example consequences and rewards that have been 

utilized in TJHWC and Juvenile Drug Treatment Courts throughout the country. Factors to be 

considered are the types of consequences and rewards that will be most impactful with the 

unique community's youth. Additionally, teams should consider the availability and costs 

related to some rewards. The TJHWC team should work together to identify a set of 

consequences and rewards that will be utilized at the various stages of the case process for 

the TJHWC participants. The team may also want to discuss how the consequences and 

rewards may be altered or adapted based on the needs of the individual participant. “An 
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effective system of incentives and sanctions promotes each youth's ability to take 

responsibility and be accountable for his or her actions while allowing them to complete the 

program,” (JDTCG, 2016). Regardless of the rewards to be considered, the research indicates 

that "consistency in the application of incentives and sanctions is one of the key factors 

enhancing the success of the juvenile drug treatment intervention,” (Mericle et al., 2014.) 

Considerations in the Application of Consequences and Rewards:

 Judicial leadership should be particularly mindful to deliver consequences and rewards 

in an individualized and fair manner. Studies have shown that, "if used excessively or 

inappropriately, punishment can provoke anger, fear, escape, avoidance, or helplessnessresponses likely to undermine an offender's motivation to change,"(Yeres, 2005). Judges and 

those who administer consequences should be mindful of youth perceptions and should 

clearly explain the reason for giving a consequence or reward. 

Sample List of Rewards for TJHWC Case Participants:

Verbal Praise Candy Lunch with Judge

Sports Equipment Books/Magazines Driving Privilege

Rocket Docket (Early in/out) Gift Certificates Music/Art Supplies

Wall of Fame Phone call from Judge to 

Parent/Caregiver

Team meal with 

family/caregiver

Event Tickets Outing with 

Family/Caregiver

Later Curfew

Sports Lessons Completion Certificates Donations from local 

business or tribal program

Clothing Electronics Music Lessons

Jewelry Music/MP3 Gift Card

Group Field Trip Activity Passes Any other reward that 

supports the success of the 

participant
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Sample List of Consequences for TJHWC:

Verbal Warning Increased Monitoring/Check 

In

Earlier Curfew

Loss of Driving Privilege Loss of electronic privilege 

(phone, game systems, 

computer, internet)

Essay Paper on Topic 

Relevant to the Violation

Community Service/Work Tribal Community Example: 

Work to Support Tribal 

Programs/Elders (may 

require monitor)

No contact order

Last Case Called House Arrest Detention* Detention may 

be considered for serious 

violations of the case plan

Youth Considerations:

System Wide Rewards/Activities:

 Your TJHWC may wish to incentivize the program by providing group goal based rewards 

to youth participants. These can be earned in a unified manner. Examples include group trips 

to events, parties, or activities that involve the TJHWC team and youth participants, outings, 

games, group events. 

Family/Caregiver Support:

 Follow through with consequences will require support by the family. Even the most 

dedicated team will not be available to monitor in the same manner as the family/caregiver. 

Therefore, at the outset of the TJHWC process, family and caregivers should recognize the 

value and benefit of proper consequences for the behavior of the youth. Additionally, you 

may wish to go through the proposed lists of consequences and rewards that may be offered 

throughout the TJHWC case process. “Engaging family in the initial process of assessment, 

goal-setting and tailoring a program of incentives and sanctions is key to the youth’s 

continuing success following graduation,"(Yeres, 2012). 
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Supervision for Community Service:

 Tribal communities may wish to utilize community service as part of the consequences 

that may be administered throughout the case plan. It is important to remember that youth 

should be supervised as they are engaging with the community as part of a 

volunteer/community service-oriented consequences. Practitioners and team monitors should 

take special care to identify volunteer opportunities that will maintain safe and healthy 

communities. This includes monitoring youth volunteer activities and identifying in advance 

if a youth is a good candidate for a specific type of volunteer or community service activity. 

Those youth who have engaged in riskier behavior or have a higher likelihood of participating 

in problematic behaviors may need special or increased supervision for certain community 

service and volunteer activities. 

Cultural Activities as Rewards and Consequences:

 Individual Advisory Committees and core team members should review what types of 

activities related to unique Tribal culture may be considered as part of the TJHWC case 

process. Tribal cultural activities such as preparation for ceremonies, tribal activities/events 

and cultural ways, may actively engage youth within the Tribal community and may support 

the integral need for mentorship. However, these types of activities should be encompassed 

in general case planning rather than through assignment of consequences. It should be 

noted that some communities may view the use of cultural ways and or custom as off limits 

for consequences or rewards. Whatever your team and community decides, it is important to 

maintain continuity, fairness and detail knowable and reachable outcomes for youth. 

Youth Behavior:

 A behavioral health provider may assist the team in managing youth and their 

responses to the judicial process. Understanding the research is important for the entire 

team, including evidence that, "normal adolescent behaviors can often include, risk taking, 

impulsiveness, moodiness, forgetfulness, aggression, and experimentation," (JDCTG, 2016). 

These normal behaviors coupled with youth who are experiencing substance use disorders, 

trauma, and any other co-occurring disorders may increase the barriers that the TJHWC team 

may experience in effectively engaging and administering appropriate rewards and 
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consequences. Continual assessment and supportive therapeutic processes will support the 

youth and team working together toward the TJHWC participant stability, health and 

wellness. 

Further Reading and Resources that can support the development of your 

TJHWC Consequences and Rewards Process: 

1. Susan Yeres and Frances Gurnell: “Making Sense of Incentives and Sanction In 

Working with Substance-Abusing Youth, Answers to Frequently Asked Questions,”

Juvenile and Family Justice Today, Spring 2012. 

2. Douglas Marlowe: “Behavior Modification 101 for Drug Courts: Making the Most of 

Incentives and Sanctions,” Drug Court Practitioner Fact Sheet, National Drug Court 

Institute, September 2012. 

3. Susan Yeres, Betty Gurnell, and Meg Holmberg: “Making Sense of Incentives and 

Sanctions in Working with the Substance Abusing Offender,” 2005. 

4. David Altshuler: “Graduated Sanctions for Juvenile Offenders, Volume II, A Program 

Model and Planning Guide: Dispositional Court Case to Case Closure,” National 

Council of Juvenile and Family Court Judges, Juvenile Sanctions Center, Office of 

Juvenile Justice and Delinquency Prevention, 2005. 

5. “Juvenile Drug Court Strategies in Practice,” Monograph, National Drug Court 

Institute and National Council of Juvenile and Family Court Judges, NCJ 197866, 

March 2003. 

6. "Juvenile Drug Court Treatment Guidelines,"(referenced within as JDCTG), Office of 

Juvenile Justice and Delinquency Prevention, Office of Justice Programs, December,

2016. 
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The Tribal Juvenile Healing to Wellness Handbook

November 2014

A product of the

OJJDP Tribal Youth Training and Technical Assistance Center

Indian Country Child Trauma Center

at the University of Oklahoma Health Sciences Center

940 N.E. 13th St., Nicholson Tower, 4N, 4900

Oklahoma City, Oklahoma 73104

Phone: 405-271-8858

OJJDP Tribal Youth Training and Technical Assistance Center www.tribalyouth.org

Indian Country Child Trauma Center www.icctc.org

Primary Author:

Anna Rangel Clough, JD

Contributors:

Tasha Fridia, JD, 

Natalie Stites, JD, 

Dolores Subia Bigfoot,Ph.D.,

Paulette Running Wolf, Ph.D., 

Thank you to Kara McDonagh, OJJDP

 With support from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) 

this Juvenile Healing to Wellness Court resource publication has been developed by the OJJDP 

Tribal Youth Training and Technical Assistance Center to support tribal governments and 

tribal justice systems in the development and implementation of an effective Tribal Juvenile 

Healing to Wellness Court. This publication builds upon the established foundations for 

Wellness Court development. A key publication utilized within this publication is Tribal Healing 

to Wellness Courts: The Key Components, 2nd Edition (2014), developed by the Tribal Law 

and Policy Institute. Further, to support juvenile specific approaches to treatment and justice 

practices, the handbook also references the Office of Juvenile Justice and Delinquency 

Prevention’s Juvenile Drug Treatment Court Guidelines, (2016) and Starting a Juvenile Drug 

Court: A Planning Guide, (2014) developed by the National Council of Juvenile and Family 

Court Judges. It is our hope that communities may use this resource to support the health, 

wellness, and future success of Tribal youth.
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This project was supported by Award No. 2015-MU-MU-Ko11 awarded to the Indian Country Child Trauma Center, 

University of Oklahoma Health Sciences Center, by the Office of Juvenile Justice and Delinquency Prevention, Office 

of Justice Programs

U.S. Department of Justice

Office of Justice Programs

Office of Juvenile Justice and Delinquency Prevention