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Sanctions in Family Drug Treatment Courts
Author(s) -
Edwards Judge Leonard
Publication year - 2010
Publication title -
juvenile and family court journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.155
H-Index - 19
eISSN - 1755-6988
pISSN - 0161-7109
DOI - 10.1111/j.1755-6988.2009.01038.x
Subject(s) - sanctions , law , residence , citation , political science , sociology , demography
We all know that sanctions and rewards are essential parts of the success of Family Drug Treatment Courts (FDTC), but no one is clear about what these sanctions and rewards should be. Each local court has its own set of sanctions and rewards, many borrowed from criminal drug courts, some created by available resources within the community. Now the California Supreme Court has made the decision about sanctions more complex with its decision in In re Nolan W. holding that imprisonment cannot be used as a sanction in the FDTC. What are permissible sanctions in an FDTC? After In re Nolan W., are fines or community service permissible? What about a reduction in visitation? What guidance has the California Supreme Court given trial courts in these areas? This article will try to bring some clarity to these questions and also offer a framework for trial courts to consider regarding the most effective use of sanctions in FDTCs. The article concludes that imprisonment is an unnecessary sanction in FDTCs, and that sanctions in these courts should be guided solely by treatment considerations.