[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

WAABSHKI-MIIGWAN DRUG

COURT MANUAL

The LTBB Drug Court Team would like to invite you to review our Program Manual. We have included a

comprehensive description of our curriculum and its components. This manual includes programming,

policies, procedures, forms, workbooks, client tools, relevant LTBB statutes and even personal stories

from local tribal members. Thank you for your interest in our program and we hope that those close to

your heart may benefit from this curriculum.

[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

TABLE OF CONTENTS

ACKNOWLEDGEMENTS ............................................................................................................................................... 5

DEDICATION................................................................................................................................................................. 6

HEALING TO WELLNESS COURT MODELS VS. TRADITIONAL CRIMINAL COURTS .............................................. 11

UNDERLYING PROGRAM PRINCIPLES ...................................................................................................................... 12

WAABSHKI-MIIGWAN PROGRAMMING ............................................................................................. 13

MISSION ..................................................................................................................................................................... 13

CURRICULUM SUMMARY .......................................................................................................................................... 13

PROGRAM PHASE OBJECTIVES ................................................................................................................................ 14

GRADUATION......................................................................................................................................................... 16

PHASES OF TREATMENT........................................................................................ ERROR! BOOKMARK NOT DEFINED.

PROGRAM PHASE BREAKDOWN ............................................................................................................................... 17

WEEK-TO-WEEK DIAGRAM (POSTER)..................................................................................................................... 18

COURT HEARINGS ................................................................................................. ERROR! BOOKMARK NOT DEFINED.

INCENTIVES AND SANCTIONS.................................................................................................................................... 19

RULES AND REGULATIONS........................................................................................................................................ 20

WAABSHKI-MIIGWAN POLICIES.........................................................................................................21

TARGET POPULATION ............................................................................................................................................... 21

ADMISSION GUIDELINES ........................................................................................................................................... 21

VIOLENT CRIME PARTICIPATION ........................................................................ ERROR! BOOKMARK NOT DEFINED.

ENTRY PROCESS .................................................................................................... ERROR! BOOKMARK NOT DEFINED.

CLIENT AGREEMENT................................................................................................................................................. 22

SANCTIONS AND INCENTIVES.................................................................................................................................... 22

CHEMICAL FREE HOME ............................................................................................................................................ 24

CLEAN AND SOBER HOUSEHOLD POLICY PARTICIPATION ................................ ERROR! BOOKMARK NOT DEFINED.

DRUG AND ALCOHOL SCREENING ............................................................................................................................ 25

DRUG AND ALCOHOL: “CALL TO SCREEN” & IVR SYSTEM .................................................................................. 26

INTERACTIVE VOICE RESPONSE SYSTEM. ............................................................................................................... 26

WMDCP PRESCRIPTION MEDICATION POLICY ..................................................................................................... 26

SCRAM BRACELET OBSTRUCTIONS ....................................................................................................................... 26

SPONSORSHIP PARTICIPATION ................................................................................................................................. 26

COUNSELING .............................................................................................................................................................. 27

30/30/30 REQUIREMENT ........................................................................................ ERROR! BOOKMARK NOT DEFINED.

WAABSHKI-MIIGWAN DRUG COURT PROGRAM – PARENTING TIME CREDIT ..................................................... 28

WMDCP FAMILY MEDICAL SCHEDULE (SEE APPENDIX C) ......................................................... 29

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EDUCATION ................................................................................................................................................................ 30

CURFEW ..................................................................................................................................................................... 30

OUT OF TOWN TRAVEL ............................................................................................................................................. 30

EMERGENCY CRITERIA ............................................................................................................................................. 31

EMERGENCY HEARING ............................................................................................................................................. 31

FINES, FEES, AND COURT COSTS .............................................................................................................................. 31

DISQUALIFICATION/TERMINATION CRITERIA ........................................................................................................ 31

GRADUATION REQUIREMENTS ................................................................................................................................. 32

TEAM MEMBER ROLES ............................................................................................................................................. 32

CLIENT RECORDS ...................................................................................................................................................... 34

MEETINGS .................................................................................................................................................................. 34

ETHICS AND CONFIDENTIALITY ............................................................................................................................... 34

EVALUATION DESIGN ................................................................................................................................................ 35

WAABSHKI-MIIGWAN FORMS ............................................................................................................ 39

BENCH WARRANT …………………………………………………………………………...... ERROR! BOOKMARK

NOT DEFINED.

CHEMICAL AND ALCOHOL FREE HOME AGREEMENT ………………………… ............. ERROR! BOOKMARK NOT

DEFINED.

CLIENT CLEAN AND SOBER HOUSEHOLD POLICY

………………………………………………………………………………….…40

CLIENT CONTRACT................................................................................................ ERROR! BOOKMARK NOT DEFINED.

CLIENT CONTRACT COURTESY SUPERVISION…………………………………………..... ERROR! BOOKMARK NOT

DEFINED.

CONFIDENTIALITY STATEMENT FORM ................................................................ ERROR! BOOKMARK NOT DEFINED.

DILUTE DRUG SCREENS

…………………………………………………………………………………………………………………………4

0

MOTION AND ORDER FOR DISCHARGE FROM PROBATION ................................ ERROR! BOOKMARK NOT DEFINED.

MOTION AND SUMMONS REGARDING PROBATION VIOLATION......................... ERROR! BOOKMARK NOT DEFINED.

ORDER OF PROBATION .......................................................................................... ERROR! BOOKMARK NOT DEFINED.

PETITION AND ORDER FOR AMENDMENT OF ORDER OF PROBATION ............... ERROR! BOOKMARK NOT DEFINED.

RELEASE OF CONFIDENTIAL INFORMATION ....................................................... ERROR! BOOKMARK NOT DEFINED.

REPORT OF NON PAYMENT OF RESTITUTION ..................................................... ERROR! BOOKMARK NOT DEFINED.

REQUEST FOR TRAVEL .......................................................................................... ERROR! BOOKMARK NOT DEFINED.

SCRAM BRACELT OBSTRUCTION

………………………………………………………………………………………………………….41

WMDCP DRUG COURT MEDICATION FORM

………

…………………………….41

WMDCP FAMILY MEDICAL SCHEDULE

………………………………………………………………………………………………….41

WMDCP PRESCRIPTION MEDICATION POLICY

…………………………………………………………………………………………41

WAABSHKI-MIIGWAN CLIENT MATERIALS ............................. ERROR! BOOKMARK NOT DEFINED.

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WAABSHKI-MIIGWAN CLIENT MANUAL ............................................................. ERROR! BOOKMARK NOT DEFINED.

PHASE ONE WORKBOOK....................................................................................... ERROR! BOOKMARK NOT DEFINED.

PHASE TWO WORKBOOK ...................................................................................... ERROR! BOOKMARK NOT DEFINED.

PHASE THREE WORKBOOK .................................................................................. ERROR! BOOKMARK NOT DEFINED.

PHASE FOUR WORKBOOK .................................................................................... ERROR! BOOKMARK NOT DEFINED.

PHASE FIVE WORKBOOK ...................................................................................... ERROR! BOOKMARK NOT DEFINED.

PHASE ONE PLANNER............................................................................................ ERROR! BOOKMARK NOT DEFINED.

PHASE TWO PLANNER ........................................................................................... ERROR! BOOKMARK NOT DEFINED.

PHASE THREE PLANNER ....................................................................................... ERROR! BOOKMARK NOT DEFINED.

PHASE FOUR PLANNER ......................................................................................... ERROR! BOOKMARK NOT DEFINED.

APPENDICES ......................................................................................................................................... 40

APPENDIX A: .............................................................................................................................................................. 40

AA TWELVE STEPS .................................................................................................................................................... 40

APPENDIX B: .............................................................................................................................................................. 41

WAABSHKI-MIIGWAN DRUG COURT PROGRAM -- PARENTING TIME CREDIT .................................................... 41

APPENDIX C: WMDCP FAMILY MEDICAL SCHEDULE ...................................................................................... 42

APPENDIX D:

THE INDIAN TWELVE STEPS ........................................................................................................ 43

APPENDIX E: TEN KEY COMPONENTS OF WELLNESS COURTS ......................................................................... 44

APPENDIX F: SEVEN GRANDFATHER TEACHINGS .............................................................................................. 45

APPENDIX G:

MEDICINE WHEEL SUMMARY ..................................................................................................... 46

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Acknowledgements

Thank you for your interest in our program. The Waabshki-Miigwan Program is a compilation of various tools and

techniques that have been utilized by tribal citizens to obtain and maintain a life of recovery. Being part of the vast

worldwide Tribal community, we are incredibly blessed and grateful for the endless resources that have been made

available over the last years that we have implemented into our program. The WMDCP adheres to state best

practices, promising practices, and national best practices as outlined in the National Association of Drug Court

Professionals best practices volume II.

The Little Traverse Bay Bands of Odawa Indians has benefited much from the teachings of our ancestors and other

Tribal communities. We would like to formally thank the many local people and others from all around Indian

Country, who gave their time and expertise generously in support of recovering Natives. Just as one individual

cannot heal without the help of another, we couldn’t have constructed the Waabshki-Miigwan Program without the

help of our fellow man.

We would like to especially thank the following Nations and organizations for their guidance and contributed

resources: Tribal Law & Policy Institute, White Bison, American University, Alcoholics Anonymous, and of

course, to all the established drug courts who provided access to their drug court policies, procedures, and various

other court documents.

Furthermore, this experience would not have been possible without the collaboration and cooperation of the three

branches of government for the Little Traverse Bay Bands of Odawa Indians. Thank you so much for your

contributions. With the support of one another, we have exceeded the high expectations set for this drug court

program project.

To the reader, we hope that the Waabshki-Miigwan Program will help you and your community to start the process

of cleansing. By expressing your interest in this area, you have taken the first step in resolving the current

substance abuse/use issues in your community. It will be our great pleasure to assist you in any way we can. In

order to aid you in better understanding our program, we have compiled this Program Manual for your review.

Please review it and feel free to utilize this as a model for your community.

We are all white feathers that have become dirty in some way. Some of the dirt has been heaped on us and some we

have put on ourselves. With each other’s help, we can continue to walk the Good Road and restore the health of our

communities. Again, Chi Miigwetch to you all for making this an unforgettable experience and we express our

deepest gratitude for giving our community and others an opportunity they will be able to treasure forever.

Sincerely,

LTBB Tribal Council

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Dedication

To all that take interest in our program,

The Waabshki-Miigwan Program is dedicated to my grandmother, the late Hon. Rita Gasco-Shepard. Grandma was

a Beautiful Odawa woman whom I have always cherished. She taught me many lessons in life about love, faith, and

most importantly for me, respect. I learned by her example that I was capable of being all that I dreamed. She

taught me how to respect myself and to live in Truth. She helped me to find the purpose that God has created me

for which has led to blessings far beyond what I could have imagined for myself. I will always be grateful for her

love.

She was born Rita Marie Ann Gasco in 1939, the oldest of five children born to Stella Gasco of Harbor Springs,

Michigan. She lived with her mother and grandparents in Indian Town until the age of nine, when she was placed

in foster care. Grandma grew up in Harbor Springs and Petoskey, and lived and worked her entire life in the area.

Being part of the Boarding School Era, Grandma attended Holy Childhood Day School. During this time, she was

separated from her two sisters. She reconnected with one sister shortly after High school, and all three sisters were

briefly re-united during the last years of my grandmother’s life. Grandma married my grandpa, Harvey Brubacker,

during her senior year of high school and started a family. She had four children with my mother, Vicki, being her

eldest. Grandma received her GED in the early 1970s and encouraged all of her children to finish school and pursue

higher education. Grandma and Grandpa would later divorce and both remarry. My Mother, Aunts, and Uncle

were raised by Grandma here in Northern Michigan.

It seemed that Grandma excelled in everything that she did. When I was a young child, I remember seeing all of her

trophies that she had been awarded for her numerous talents. Grandma played sports, she was a singer and musician,

a wonderful artist, and like I said, just plain good at everything she did. She was a master in needlecraft and she is

well-known for her intricate beadwork. She enjoyed watching birds and walking Duke, her miniature Doberman.

She went to all of her Grandchildren’s sporting events and kept very accurate stats in the meanwhile.

Her lifestyle was rich with joy in so many areas especially in her hobbies; my grandma loved playing golf most.

She began playing in the late seventies and quickly became a local legend as she would outplay most men. She was

just a tiny woman at 130 pounds, but what she lacked in strength she made up on the greens. Her last year of league

play was the summer before she got sick. In that year Grandma and her partner played in the championship of the

local men’s Tribal golf league. The opposing team was comprised of her husband Flash and his partner Harvey. At

the conclusion of the match Grandma lost by a few strokes. Flash told me that she didn’t talk to him for three days

after the match. I guess she was just a little upset that he had beaten her. Two years after she walked on, everyone

still raves about how she would beat the pants off most of the men she played against. She had a truly competitive

nature and I think she strived for excellence in all areas of her life.

In the 80’s, Grandma started a new chapter of her story. It was a path that would lead to her fulfilling her purpose,

one in which she would touch countless lives, and leave a lasting legacy for her family and community. In 1983,

grandma took a job at a local law firm. Later, when one of the attorneys left the firm to become an Emmett County

Judge, he offered her the position of Probate Court Registrar. Grandma accepted the position and served the court

until her retirement at the age of 62. During her career she learned many things about the workings of the legal

system, and also began to develop an interest in doing what she could to give back to the Native American

community. Then, in 1998 the Little Traverse Bay Bands posted the position of Appellate Justice for which my

grandmother applied. She was chosen for the position and was sworn in on May 17, 1998 to serve several terms as

judge before retiring again in 2008.

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During her judgeship Grandma became increasingly interested in promoting the health and well-being of the tribal

youth, and participated in the Tribe’s Healing to Wellness Court. One component of the court was to build a

peacemaking process to solve disputes among community members. While on the team my grandmother had the

opportunity to attend training in Kake, a small village on an Alaskan island in the Pacific where the local Tribe

would be presenting its experience in developing a Peacekeeping program. In Kake my grandmother learned about

Peacekeeping, but more importantly learned a lesson that would change her perspective on healing and alter the way

she would live out the rest of her days here with us. Not many years after her visit to Alaska, Grandma walked on

with grace after a brief but intense battle with cancer.

Before Grandma walked on she asked me to pass on the story about her experience in Kake. She made me promise

to memorize and tell the story when opportunities would come about. Before Grandma found out she had cancer

and during a time of her life when she was the happiest, she wrote this story:

I was on my way to Alaska, excited to be on a journey to a land I had never seen. As a member of a

Tribal peacekeeping team, I was one of several who were being given the wonderful opportunity to visit

Kake, a little village on a small Alaskan island in the Pacific. The purpose of our journey was to get a

firsthand experience at how this community developed their peacekeeping program, which was based on

traditional native values. This experience would then aid us in our own efforts to establish a Tribal

peacekeeping system back home in Michigan.

We were told that our visit was occurring during a time of the year when the landscape would be

exposed and the wildlife would be very active. We would be visiting the island of Kake in the spring. The

salmon would be running, making their own journey up into the mouth of the river to spawn. The bear and

eagle would be moving about, hoping to feast on the spawning fish at river’s edge. I, too, had hopes about

this journey…hopes that I would fulfill my lifelong quest of finding my first eagle feather.

Our small plane landed on the airstrip in the village of Kake, which was tucked away on this Alaskan

island. I observed my surroundings and concluded that Kake was in a very natural, depressed and

untouched state. It was shortly after arrival that I shared my dream of finding an eagle feather with our

facilitator and island guide, Mike. He reassured me that my search would end here in Kake because the

possibilities for where a feather might be discovered were endless. Eagle feathers could be found below

trees that held the favorite roosting spots, out on the ocean flats during ebb tide, and along the river where

the mighty bird comes to feed.

The first day on the island was spent getting acclimated, settling in and taking in some of the local

sites. With determination, I started out early the next morning enjoying a walk through the rustic village of

Kake. The weather was typical for a day on an island south of Juneau. I could feel the mist on my face

while my body was chilled by the dampness that hung in the air. As promised, the island’s activity was

occupied by the wildlife moving about. Mother bear would snag a fish and carry it off to the woods, where

the noisy cubs were climbing in the trees and letting her know they were hungry. Eagles could be seen

flying overhead or perched in any of the tall pine trees along the river.

I walked along the river in various paths, not venturing too far in any particular direction for fear that I

might meet a bear. As I looked up to the treetops, I could spot two and three eagles at a time. I walked up

into the brush, which was so thick that I felt as if I was walking through a rainforest. I reached the mouth

of the river. The tide was out and my walk ended on the misty ocean flats. It is where my walked stopped

for that moment that my search began. I could see eagles fishing in the little pools of water that had been

left on the ocean floor after the tide had receded. If I got too close, the feeding birds would fly off.

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Timidly I kept walking. I was a bit uneasy about going further out onto the flats, nervous that the tide

could return at any moment, but I continued walking and looking, looking and walking. There wasn’t an

eagle feather to be found.

I decided to go back to the hotel, ending my day’s quest. Upon my return, others sensed my

disappointment. A traveling companion named Jeff presented me with a beautiful immature eagle feather

that he had found. I would treasure this feather but I would not give up on my quest.

After a couple of days of long walks and fruitless searches, Mike offered some encouragement. He had

planned a tour for us later that evening that would take us around the island. He also said that we could

make a stop at the village dump. While this sounded somewhat unattractive, this little rendezvous was

planned because eagles often visited the village dump to scavenge through the garbage, which often left a

trail of feathers. This could be just the place I had been waiting for.

Our group of six to seven people had a very pleasant road trip around the island, although the drive

couldn’t really be described as having gone “around”. You see, when traveling on this remote island you

would follow the roads until they simply didn’t go any further. The roads we took on our tour would go

just so far and then they would stop, causing us to turn around and take another route. We enjoyed the

scenery and occasional spotting of wildlife. We also stopped to pick medicinal plants to accompany us on

our journey home. Our tour did end at the village dump, where we all got out and started rummaging

through the debris left by the villagers in hopes of finding an elusive eagle feather. A couple of pretty

raven feathers were spotted and kept, which was considered a treasure as well. In Alaska, the raven and

the eagle are referred to as the “lovebirds” and are often pictured together in Alaskan native art.

While everyone was preparing to depart, I was preparing myself for bringing closure to another day

without having fulfilled my lifelong quest of finding an eagle feather. But just as I was walking away, I

looked down at my feet and saw a quill sticking out of the muck. I reached down and pulled at the quill.

Out from the rubbish came the sorriest and dirtiest feather I had ever seen. Mike our guide, coaxed me to

throw it back on the ground. He promised that he would get me another feather, explaining again how

plentiful they were on the island. He even offered to share one of his feathers. I ignored his urges. As soon

as I saw the feather, I knew it was from an eagle. I also knew at that moment that I was keeping it.

Later that evening, I returned to my hotel room with the dirty and mangled feather. With soap and

water, I began to gently wash the feather, fanning it to dry. What appeared was the most beautiful eagle’s

white tail feather. It was my treasured gift from the Creator.

The next day I was given the opportunity to share the story of my feather with a group of young people

from San Diego, who were also visiting Kake. Their journey to the Alaskan Village had been a reward for

their sobriety. The story I shared with them was not just about the search for the feather but about the

transformation of the feather, which is symbolic of our own lives. When something that is so dirty and

mangled can become beautiful, clean and white, then there is hope. Each one of us gets dirty, whether we

get the dirt on ourselves or other people throw it on us. But with some gentle care, and with the help of the

Creator, we can make ourselves clean and pure again.

It is my own personal story that allows me to share the white feather story. I am a simple person who

has lived a long life. Much of my childhood was spent in foster homes, which is a rough life for any child.

I have done things I am not proud of. Over the years, bad things have happened to me, some of which

have been my own doing, some of which have not. I have also had many wonderful experiences and I am

proud of the wonderful accomplishments in my life. I believe that the Creator has always walked next to

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me. It is with the Creator’s help that I have been able to walk my path and make my own transformation.

Through my life experiences I have learned that the greatest lesson is forgiveness. The ability to forgive

both oneself and others is truly an opportunity for healing.

EPILOGUE

Our own Tribal Court has a “sobriety” court, which is called the Healing to Wellness Court, which

offers support and resources to young substance abusers. As a Tribal elder, I am one of the program’s

team members and I participate in reviewing the progress of our participants and in making

recommendations for their healing path.

One of our participants was having a difficult time maintaining his sobriety. He showed so much

promise; he was someone who could conceivably one day lead our tribe. I could see that he was fighting

his demons and they had a strong hold. My heart was heavy with worry for him. I put down tobacco and

prayed to the Creator, asking for guidance. The Creator answered me a few days later as I lay awake in

bed asking again for insight on how to help this young man.

The kind and loving Creator brings people and events into our lives for a reason, which we will

recognize if we pray and listen for his answer. He revealed to me that night why He gave me the white

feather.

I said goodbye to the feather a few days later after telling our young man this story and presented him

with the feather. I told him that I would pray for him. I also expressed my hopes that the Creator would

use the feather to bring strength and encouragement as he walked his path. I also told him that I hoped one

day the Creator would make it known to him that it would be time to pass the feather on to another who

needs it more than he does.

Just as I had pulled the dirty and mangled feather from the muck and then transformed it into a

beautiful clean feather, it is with much prayer that I hope each of our young people who are struggling can

also be pulled from their troubled paths to find strength in the Creator to make their own transformation.

On May 21st, 2008 Grandma walked on. A fire was lit in the pouring rain and continued to burn until the end of the

fourth day. The Thunders came rolling through as the sun went down.

It was Grandma’s wish that the feather be passed on when the moment was right but even more it was Grandma’s

dream that, with the help of the creator, we would pass on a hope of healing and redemption to other natives. She

could see the potential in our community members who struggle with addiction and she could see the potential in

that “dirty mangled feather” she picked out of the muck that day. This wasn’t because she had some great gift. It

was simply because she could relate to the person who struggled and she could relate to that feather. When she was

coaxed to throw the feather back, I believe, even at that moment, she saw herself in that feather and she saw her

community in that feather. Because of her healing she knew there was hope for that feather, as she knew that

everyone in our community was worth saving.

As we learn to walk on the red road we will find brothers or sisters that are stuck in the rubbish of life, dirty and

mangled from the tribulations of addiction and abuse. Let us not walk any further without extending a helping

hand. Many may have already passed by and, for selfish reasons, have left them behind thinking that someone else

would eventually stop to help. It is time for those of us who have been blessed to experience hope again, to fulfill

Grandma’s last wish. You see, Grandma hoped that when faced with the decision of keeping a feather or throwing

it back, her people would rise to the responsibility of providing the gentle care needed for a transformation to take

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place in their fellow Odawa. We should all remember that in some way we have all had dirt heaped on us and

without the help of the Creator and our fellow man we would all still be buried in rubbish.

In the months leading up to her death, my grandmother and I talked many hours about how we could help make

positive changes in our community. Since then, I have followed in the footsteps of my Grandmother and joined the

Tribal Court Team. I was hired to develop the Adult Drug Court Program which we have since named WaabshkiMiigwan, (White Feather). During this experience, the Tribal Court Team and I have kept Grandmothers story

close to our hearts and in honor of her we have incorporated her story into our curriculum.

We hope our program will help you find the healing that I, my grandmother, and many others have found on our

journey to wellness. This program was developed for our brothers and sisters that struggle to find hope. Please

understand that we are only passing on what was freely given to us by those who took the time to pick us out of the

muck on the road to healing and wellness. We believe in our Elder’s experiences and teachings because they have

worked for us in extraordinary ways. Our prayer is that our Waabshki-Miigwan Program will help you to find

peace. We wish you the best and hope to see you helping on the red road. Chi Miigwetch.

Respectfully submitted by Joe Lucier

Miigwech from the Adult Drug Court Team

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Healing to Wellness Court Models vs. Traditional Criminal Courts

The establishment of drug courts provides a multi-disciplinary approach that permits the judicial system, treatment

providers, and other service providers to join forces. Together they supervise support, and treat nonviolent

offenders through a series of incentives, sanctions, mandatory drug testing, and effective aftercare programs.

The Waabshki-Miigwan Drug Court Program (WMDCP) is an Odawa Healing to Wellness court program that has

evolved from these initial drug court concepts. WMDCP system is not like the general Traditional Criminal Court

system. Rather, it is developed around the specific cultural patterns of the Little Traverse Bay Bands of Odawa

Indians (LTBB). It was developed by Odawa for Odawa. WMDCP is a non-adversarial program that focuses on

healing and instilling hope. The LTBB culture is embedded in all areas of the program including the court setting,

the treatment plan, the incentives and sanctions, and even the team approach. It is a program that creates hope by

laying out a clear program of recovery while providing the client with the needed accountability. Listed below are

some clear differences between Traditional Criminal Courts and the WMDCP.

Traditional Criminal Court

WMDCP

1. Event oriented, i.e., did a certain crime happen as

alleged: Historically, this is the jurisprudential link

between the criminal courts and the community.

1. Process oriented, i.e., does the offender have a

drug/alcohol addiction and can treatment benefit the

offender? This type of process is considered in far

more limited types of criminal charges.

2. Offense-specific

2. Behavior-specific

3. The determination of guilt and imposition of

sentence is essentially the end of the criminal law

process.

3. The determination of addiction and referral to

drug court is essentially the beginning of the process.

4. The process is identical for all equally accused

persons. Quite often, punishment is mandated to be

identical as well. The offender’s family is rarely

considered in this process.

4. The offender is central to the process and quite

often the treatment is individualized. The offender’s

family and community are viewed as an ingredient in

the overall treatment decisions.

5. Judicial interaction exists only with the

representatives of the parties.

5. Court team interaction exists directly with the

offender.

6. Responsibility equals atonement and punishment.

The relationship of the offender to the community is

one where, as a result of the adjudication of guilt,

the offender is removed from or placed in a

condition that protects or shield the community from

the offender.

6. Responsibility equals behavioral changes leading

to restoration of holistic health. The offender is

viewed as a part of the community. As the offender

will generally be treated while an outpatient in the

community, behavioral change is designed to reduce

conflict by reducing addictive behavior.

7. When there is post adjudication monitoring, it is

generally designed to uncover violations and

therefore done primarily for enforcement of

probation terms.

7. There is always extensive post adjudication

monitoring. It is always designed to reinforce

treatment.

8. The judge is neutral agent among various

competitors.

8. The judge is an active participant in a partnership

between the offender, the treatment providers, and

the court.

9. The legal history supporting this system is

approximately 400 years old; change is difficult.

9. The legal history that supports this system is 10

years old; change is relatively easy.

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Underlying Program Principles

While developing the WMDCP we have used many already established and proven recovery principles. The LTBB

culture served as our main guide. The Seven Grandfather Teachings, Medicine Wheel Teachings and the White

Feather Story are the foundation of WMDCP.

We used the Ten Key Components of Wellness Courts* as a guide when organizing the overall structure of our court

program. We examined many examples of how other Tribal Drug courts utilized these guidelines and in many

cases were able to adopt their ideas into our program.

WMDCP has utilized the Twelve Step as a guide in developing the treatment portion of the program. These

programs are established and successful in treating drug and alcohol addiction. Alcoholics Anonymous (AA) and

The Red Road to Wellbriety make up the core of our treatment curriculum. Many natives have used these principles

to get clean and sober.

“Time and again our Elders have said that the 12 Steps of AA are just the same as the principles that our

ancestors lived by, with only one change. When we place the 12 Steps in a circle then they come into

alignment with the circle teachings that we know from many or our tribal ways. When we think of them in

a circle and use them a little differently, then the words will be more familiar to us.”

-The Red Road to Wellbriety

The WMDCP program, , would not exist without the help of all of these components and many others. We hope to

honor the Creator and all the people who developed the ideas incorporated into our Drug Court Program by using

them in a good way. Furthermore, we invite any other court entities to use the WMDCP or any of its components

that might be helpful to your people.

*Tribal Healing to Wellness Courts: The Key Components, 1st Edition. April 2003. Tribal Law & Policy Institute.

(See Appendix A)

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Waabshki-Miigwan Programming

Mission

The mission of the Waabshki-Miigwan Drug Court Program is to implement a collaborative partnership among the

community, service providers, court and adults who face substance abuse challenges in order to restore holistic

balance using Odawa values and teachings as envisioned by our ancestors in order to ignite the healing and

rehabilitation of addicted offenders.

Curriculum Summary

The Waabshki-Miigwan Drug Court Program (WMDCP) Curriculum is an eighteen-month program which utilizes

Odawa values and teachings to encourage the adoption of a healthy balanced lifestyle as envisioned by our

ancestors, and to eliminate harmful behaviors that have caused negative consequences for our clients. WMDCP has

five phases, the learning level (10 weeks), the accepting level (12 weeks), the willing level (14 weeks), the

succeeding level (16 weeks), and the giving level (6 months). WMDCP clients work closely with the WMDCP

Team to ensure that maximum potential is achieved.

This eighteen-month, 5 phase program, is a compilation of 18 months of successful programming with a required

120 days of sobriety to be eligible for graduation. We encourage our clients to focus on one week and even one day

at a time. Each week’s assignments must be completed successfully before moving on to the following week.

WMDCP assignments and tasks are balanced between spiritual, emotional, physical, and mental wellness activities.

Spiritual health activities include self-help meetings, daily prayer and meditation, and Twelve Step Work in either

AA or the White Bison Medicine Wheel Teachings. Emotional health activities include assigned WMDCP

cultural and wellness activities laid out in the WMDCP Workbook. These activities include various engaging tasks

designed to instill Odawa culture as well as challenge the drug court client. Physical health activities include

weekly physical exercise to be chosen by the client and negative random/scheduled drug and alcohol screens.

Mental health activities are laid out in periodic therapy sessions with a substance abuse counselor on staff. Clients

must simultaneously complete these weekly spiritual, emotional, physical, and mental health activities in order to

advance to the next week’s assignments. Failure to complete all assigned tasks can halt the client’s progress and

extend the length of time until successful completion of the WMDCP.

The WMDCP is laid out in a way that is easily understood by the drug court program client. Upon acceptance into

the program each client will receive a week-by-week planner, a week-by-week workbook, access to the drug court

website (which includes all the materials necessary to successfully complete every assigned task), and, finally, the

helpful support of the entire WMDCP team.

Every WMDCP client must essentially complete only three things:

a. All the projects and assignments laid out in the WMDCP week-by-week workbook;

b. Attendance at all assigned counseling, probation, court, and peer recovery meetings assigned in the

WMDCP week-by-week planner; and

c. Compliance with all the WMDCP rules and regulations with an emphasis on maintaining sobriety and clean

time.

A client who accomplishes A, B, and C simultaneously, will advance to the next weeks curriculum. A Client with

52 Successful Weeks will celebrate the accomplishment with a formal Graduation from the WMDCP. With an

additional Six Months of Aftercare, Phase 5, the client will have fully completed the entire program and will have a

fresh new start on Life.

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

A

B

Complete

Workbook

Complete

Planner

52

Successful

Weeks

Phase 5

C

Abide by

Rules &

Regulations

Successful

Week

GRADUATION

Waabshki-Miigwan

The LTBB Adult Drug Court Coordinator, the LTBB Adult Probation Officer, and the assigned therapists work

collaboratively to monitor and supervise each client. In addition, clients are required to appear at regular scheduled

WMDCP hearings to report on progress and drawbacks to completion of program tasks and assignments. The

WMDCP team members conduct weekly meetings to discuss the status of each client and make appropriate

adjustments in the client’s treatment plan, as needed.

Upon successful completion of the WMDCP, it is expected that our clients will acquire the following:

a.

b.

c.

d.

e.

f.

A foundational knowledge of recovery principles;

A new appreciation of the benefits of living a crime free lifestyle;

An ability to logically and efficiently overcome life obstacles;

A better understanding of the Odawa culture;

Better overall health; and, most importantly,

Hope for their future

Program Phase Objectives

During each phase of the WMDCP curriculum clients will look at specific areas of their lives in order to obtain a

holistic balance.

In Phase One the client will:

1. See what their reality is through the community’s eyes;

2. Come to terms with the destruction of their addiction;

3. Meet others in the LTBB Community who are also in recovery;

4. Become willing to make positive changes in their life;

5. Be introduced to the basic principles of Alcoholics Anonymous (AA), Wellbriety, and the WMDCP;

6. Complete an in-depth study on Step One of the AA/Wellbriety programs.

7. Reconnect with the principles and guides within the culture of our ancestors;

8. Begin to understand the impact that their behavior has had on their family and community;

9. Begin to build a healthy routine;

10. Be introduced to the concept of sponsorship;

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

11. Be introduced to the concept of mind-mapping;

12. Begin to identify triggers;

13. Remain abstinent from drugs and alcohol; and,

14. Experience hope.

In Phase Two the client will:

1. Begin or strengthen their relationship with a higher power;

2. Begin to see how their life could be enhanced rather than hindered in sobriety;

3. Understand that their current situation is a result of their choices;

4. Become willing to except help and advice;

5. Continue meeting others in recovery and seek out the fellowship of LTBB elders;

6. Gain a deeper understanding of the culture of our ancestors;

7. Begin to apply the principles of Alcoholics Anonymous (AA), Wellbriety, and the WMDCP;

8. Complete an in-depth study on Steps Two and Three of the AA/Wellbriety programs.

9. Strengthen their new healthy routine with daily prayer and meditation and weekly physical activity.

10. Become comfortable at the self-help meetings they attend;

11. Choose a permanent sponsor; and

12. Remain abstinent from drugs and alcohol.

In Phase Three the client will:

1. Learn how to develop life goals and objectives;

2. Learn about their family and community history and the role they play in both;

3. Analyze their innermost fears, resentments, and sex conduct;

4. Place trust in their sponsor and build a relationship with them;

5. Chair self-help meetings;

6. Increasingly apply the principles found in the culture of our ancestors;

7. Complete in-depth studies on Steps Four, Five, Six and Seven of the AA/Wellbriety programs.

8. Become willing to let go of unhealthy defense/survival mechanisms;

9. Humble themselves;

10. Learn about relapse prevention;

11. Be comfortable praying out loud; and

12. Remain abstinent from drugs and alcohol.

In Phase Four the client will:

1. Begin to examine their past and identify situations when they hurt others around them;

2. Find ways to reconcile past situations in which they harmed others;

3. Complete an in-depth study on Steps Eight, Nine, Ten, Eleven, and Twelve of the AA and Wellbriety programs;

4. Receive a personal business makeover;

5. Improve their job interviewing skills;

6. Build a resume;

7. Have a deep consciousness of a higher power;

8. Be comfortable admitting when they are wrong;

9. Remain abstinent from drugs and alcohol; and

10. Carry a message of hope to the LTBB community

In Phase Five the client will:

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

1. Meet monthly with the cultural advisor to review the 12 steps.

2. Reflect on the Anishinaabe teachings of life that are so that each individual has a chance to see the person they

truly are; inside and out.

3. “The Good Life” and the three “Parts” for a sober lifestyle.

4. Living with the Seven Grandfathers teachings in our lives.

5. Meaning of “Wellbriety”

6. Learn to change their lifestyle so that life is healthy.

7. Discussions on Personalized aftercare and that each individual is responsible for their own personalized

aftercare.

8. Learn “Who Needs Aftercare?

9. Engage in an aftercare plan that includes four basic steps.

10. Develop keys to success that include: Honesty, Openness and Willingness.

GRADUATION

A client will celebrate a Formal Graduation from the WMDCP after completing 52 Successful Weeks and the

giving phase. Clients will be required to do an “Open Talk Project” where they will present their recovery story or a

project that is similar and approved by the team. A graduation celebration and feast will occur in the client’s honor

along with a certificate of completion awarded at the conclusion of the ceremony.

Clients may opt to not have a formal graduation ceremony this will not impact their completion of the program

however, they are required to complete their final project and all phase 5 requirements.

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Program Phase Breakdown

PHASE ONE

A) Phase One - Week-to-Week Workbook

Week 1 - What to Expect from Us

What we Expect from You.

Week 2 - Where Am I? Where Will I Go?

Week 3 – Meet the Experts and Sponsorship

Week 4 – Those Around Us

Week 5 – Time management exercise

Week 6 – Sunrise Fire; DVD #3

Week 7 – Step One, Part one

Week 8 – Step One, Part two

Week 9- Step One, Part Three

Week 10- Presentation on Step One Accomplishment

PHASE TWO

B) Phase Two - Week-to-Week Workbook

B) Phase One - Week-to-Week Planner

Weekly probation reporting

Status hearings 4X/month

SCRAM, random drug test

1 Hour of physical activity/week

Individual counseling weekly

Self-help meetings 4X/week or as recommended

Daily morning prayer and meditation

Week 11 – Step Two, Part One

Week 12 – Step Two, Part Two

Week 13 – Step Two, Part Three

Week 14 – Step Two presentation

Week 15 – Step Three, Part One; DVD #4

Week 16 – Step Three, Part Two

Week 17 – Step Three, Part Three

Week 18 – High Noon Fire

Week 19 – Step Three

Week 20 – Sponsorship, part 1

Week 21- Sponsorship, part 2

Week 22- Sponsor Meeting

(B) Phase Two - Week-to-Week Planner

Weekly probation reporting

Status hearings 4X/month

SCRAM, random drug test

1 Hour of physical activity/week

Individual counseling 1X/week

Self-help meetings 3X/week or as recommended

Daily morning prayer and meditation

C) Follow ALL Program Rules and Regulations

C) Follow ALL Program Rules and Regulations

PHASE THREE

A) Phase Three - Week-to-Week Workbook

Week 23 - SMART goals exercise

Week 24 - Family Tree exercise

Week 25 - Family Tree Presentation

Week 26 - Step Four, Part One; DVD#5

Week 27 - Step Four, Part Two

Week 28 - Step Four, Part Three

Week 29 - Step Four, Part Four

Week 30 - Step Five

Week 31 - Step Six; DVD #5

Week 32 - Step Seven

Week 33 – Sobriety Maintenance

Week 34 – Maintaining Sobriety

Week 35- Sunset Fire

Week 36- Sobriety Maintenance Presentation

PHASE FOUR

B) Phase Three - Week-to-Week Planner

Weekly probation reporting

Status hearings 4X/month

SCRAM, random drug test

1 Hour of physical activity/week

Individual counseling as needed

Self-help meetings 3X/week or as recommended

Daily morning prayer and meditation

A) Phase Four - Week-to-Week Workbook

Week 37 – Step Eight, Part One; DVD #6

Week 38 – Step Eight, Part Two

Week 39 – Step Nine, Part One; DVD #3

Week 40 – Step Nine, Part Two

Week 41 – Step Nine, Pt Three; Plan of Action exercise

Week 42 – Career goals & Action Steps exercise

Week 43 – Aptitude test

Week 44 – Personal Makeover

Week 45 –Resume building

Week 46 – Mock Interview

Week 47 – Step Ten; DVD #6&7

Week 48 – Step Eleven

Week 49 – Aftercare, Part One; DVD #8

Week 50 – Aftercare, Part Two

Week 51- Aftercare presentation

Week 52- Open talk

(B) Phase Four - Week-to-Week Planner

Weekly probation reporting

Status hearings as recommended

SCRAM or random PBT's, random drug test

1 Hour of physical activity/week

Individual counseling as needed

Self-help meetings as recommended

Daily morning prayer and meditation

C) Follow ALL Program Rules and Regulations

C) Follow ALL Program Rules and Regulations

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Week-to-Week Diagram (Poster)

The WMDCP “Week-to-Week Diagram” is a tool used to display client progress in the curriculum. Throughout the

program the client will receive incentive patches for successful completion of certain tasks. For example, when a

client completes step 1 they will receive a patch that symbolizes their completion of that step. Other patches are

awarded for work in the Seven Grandfather teachings, the 12 steps, and for advancing to the next phase. The client

also receives a medicine wheel patch for each successful week completed. As the client progresses through the

WMDCP program, their diagram will become increasingly detailed until they finally complete the diagram upon

graduation. Below is an example of what a completed diagram will look like when a client is successful in

completing the WMDCP.

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Court Hearings

Waabshki-Miigwan program court hearings are non-adversarial and utilize a woven-approach-to-justice, the format

will be structured and adhere to the following:

a. The Team and the clients will sit in a circle before the Judge to complete hearings.

b. The Judge will question clients about their progress and will receive reports from the WMDCP coordinator

and team members.

c. The Treatment Provider and other WMDCP Team Members are encouraged to attend hearings.

d. Clients will be expected to bring their workbooks, planners, and any other assignments and must be

prepared to elaborate on completed tasks and assignments.

e. WMDCP Team Members will have the opportunity to provide feedback and encouragement to clients

during court hearings.

f. Clients are expected to maintain appropriate behavior at all times while in court hearings, at court functions

and while at court offices. Clients must remain for the entire court session unless prior permission to leave

early was requested and approved.

g. Clients shall maintain appropriate court room decorum with respect to language, appearance and behavior.

h. The Judge, WMDCP Team and Clients shall be addressed and treat each other with respect. Individuals in

the court hearing should avoid fidgeting, slouching, and should speak clearly and in a respectful tone, etc.

Eating, drinking, or chewing gum in the court room is prohibited.

Incentives and Sanctions

Sanctions and incentives are intended to enhance recovery and heighten client accountability and are administered

in a graduated manner to direct participants and guide them on their healing to wellness journey. The spectrum of

incentives and sanctions are contained in the Waabshki-Miigwan Policies. Sanctions will be applied when a client

fails to comply with program requirements or engages in conduct which violates a term of probation. Incentives are

given when participants are meeting program requirements, displaying recovery-oriented behavior, and/or exceed

program requirements. The WMDCP program utilizes identified best practices in the administration of sanctions

and incentives. Members of the team recommend sanctions and incentives to the Judge, who makes the final

decision. All sanctions and incentives will be applied immediately.

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Rules and Regulations

Prohibited Acts

Waabshki-Miigwan participants shall not violate any city, state, Tribal or federal law. Any arrest or contact

with police must be reported to LTBB Tribal Probation Officer within twenty-four (24) hours.

Participants shall not commit any acts of violence or threats of violence or engage in belligerent behavior.

Romantic relationships among participants.

Participants shall not possess, use, sell, distribute or have under their control, any drug paraphernalia or

mind-altering substance except as prescribed by a licensed physician.

Participants shall not use or possess any alcoholic beverage, nor shall they be present at any establishment

where the greater part of revenue is generated by the sale of alcoholic beverages.

Participants shall not attend any program requirement while in the possession of a weapon of any form,

including but not limited to firearms or knives.

Participants shall not refuse to comply with any reasonable program requirement.

Participants shall not miss any scheduled program/counseling appointments, drug court appearances,

random drug screens or self-help meetings without 24-hour notification to service provider. Exceptions may

be made in emergency situations.

Participants shall not refuse to cooperate with WMDCP team members or service providers with respect to

program conditions and requirements.

Required Acts

Clients shall be honest with themselves and the Drug Court Team.

Clients shall attend all counseling sessions and be on time. In the event a client is unable to attend, the

participant will call their service provider and the Probation Officer, at least twenty-four (24) hours in

advance to reschedule the appointment. This does not apply to emergency situations, in the event of an

emergency the client is expected to notify both the treatment provider and the Probation Officer as soon as

possible, but in no case more than 24 hours from the time of the emergency.

Clients shall attend all Drug Court hearings and required program events.

Clients shall maintain the confidentiality of all other drug court clients.

Clients shall submit to drug or alcohol screening upon the request of LTBB Law Enforcement, Probation or

Court Staff.

Clients shall submit any required reports, assignments and verification documents to the Drug Court, as

ordered.

Clients shall keep the Court informed of a current address, phone number and email address. Clients shall

notify the Court with any changes in address or phone number within twenty-four (24) hours.

Clients shall comply with the requirements of the 30/30/30 program as outlined in the Waabshki-Miigwan

Manual. Each client will provide proof of employment, employment search, community service, or school

grades to the Drug Court. Clients shall report any changes of their employment status within seventy-two

(72) hours to the Probation Officer.

Clients shall submit to any rehabilitative, medical or psychological program as recommended by the

Treatment Provider and ordered by the Drug Court.

Clients shall pay all costs, restitution, fines, etc. ordered by Tribal Court.

Clients shall pay all Drug Court Program fees as ordered by the Tribal Court.

Clients shall make satisfactory progress in the WMDCP program as measured by each level requirement.

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Waabshki-Miigwan Policies

Target Population

Waabshki-Miigwan will target individuals who are members of a Federally recognized Indian Tribe that have been

charged with a drug/alcohol related offense(s), who are assessed as being high risk/high need and that are either

subject to the original jurisdiction of the Little Traverse Bay Bands Tribal Court or who are ordered to the program

by another jurisdiction.

Admission Guidelines

Admission eligibility into the Waabshki-Miigwan program is determined by a screening process which determines

risk and need level. Those individuals who screen as high risk/high needs are not otherwise prohibited form entry

into the program are eligible for the program. Individuals may be referred by the Tribal Prosecutor, Probation

Officer, a foreign court, or by order of the Judge.

Clients are evaluated for admission based on the following criteria:

a. Are an enrolled member of a Federally recognized Indian Tribe, verified with a valid Tribal ID;

b. Committed a crime which was drug or alcohol related, and/or where drug or alcohol use is an underlying

factor; including but not limited to:

 Distribution of illegal drugs;

 Manufacture of illegal drugs;

 Possession and/or use of illegal drugs;

 Breaking and Entering/Home Invasion;

 Vandalism;

 Trespass;

 Theft;

 Disorderly Conduct;

 DUI;

 Dangerous or reckless driving; and

 Any other offense where drugs or alcohol is the primary underlying factor

c. Have been assessed by a treatment provider utilizing a valid assessment tool as having a moderate to

severe substance use disorder and being classified as “high needs”;

d. Completed a new substance abuse intake and/or assessment with recommendations from a treatment

provider;

e. Have been assessed by the Probation Officer utilizing a valid assessment tool as being criminogenically

"high risk”;

f. Ability to comprehend and comply with Waabshki-Miigwan requirements; and

g. Are subject to the original jurisdiction of the LTBB Tribal Court and/or have been ordered to the WMDCP

program by another jurisdiction.

Violent Offender Prohibition

The Waabshki-Miigwan program eligibility receives federal-funding and must comply with the prohibition on

violent offender Participant requirement. Due to congressional mandate, federally-funded Wellness Courts cannot

individuals who are violent offenders. A “violent offender” is defined as a person who either:

a. Is charged with, or convicted of, an offense during the course of which:

 The person carried, possessed, or used a firearm or other dangerous weapon;

 There occurred the use of force against the person of another; or

 There occurred the death of, or serious bodily injury to any person, without regard to whether any

of the circumstances described above is an element of the offense or conduct of which a person is

charged or convicted; or

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

b. Have one or more prior convictions of any felony crime of violence involving the use or attempted use of

force against a person with the intent to cause death or serious bodily harm.

Violent Offender Prohibition

The Waabshki-Miigwan program eligibility receives federal-funding and must comply with the prohibition on

violent offender Participant requirement. Due to congressional mandate, federally-funded Wellness Courts cannot

individuals who are violent offenders. A “violent offender” is defined as a person who either:

a. Is charged with, or convicted of, an offense during the course of which:

 The person carried, possessed, or used a firearm or other dangerous weapon;

 There occurred the use of force against the person of another; or

 There occurred the death of, or serious bodily injury to any person, without regard to whether any

of the circumstances described above is an element of the offense or conduct of which a person is

charged or convicted; or

b. Have one or more prior convictions of any felony crime of violence involving the use or attempted use of

force against a person with the intent to cause death or serious bodily harm.

Entry Process

Entry in the Waabshki-Miigwan program may be initiated through, but not limited to, the following:

a. Through a plea agreement in a criminal case. The client’s Defense Counsel and the Tribal Prosecutor

must agree to a sentence to WMDCP. Once a binding plea agreement with a Drug Court sentence has been

reached, the participant will be assessed for Drug Court eligibility. Criteria-eligible participants will be

admitted to the Drug Court under the direction of the presiding Judge of the Drug Court. If the participant is

determined to be ineligible for Drug Court enrollment, the case will be returned to the referring Judge for a

non-Drug Court alternative disposition.

b. A referral following a probation violation. The Tribal Probation Officer, the Tribal Court, Defense

Counsel, or the Prosecuting Attorney may recommend an individual participate in the WMDCP program on

probation violation (PV) cases any time prior to sentencing on the PV. Potential clients referred to the Drug

Court will be assessed by the Waabshki-Miigwan Program Coordinator for eligibility as a condition of their

acceptance into the WMDCP program. If the client is ordered into WMDCP, the underlying criminal case

and probation violation will be permanently transferred to the presiding Judge assigned to the WMDCP.

c. A referral from a foreign court or supervision agency. Clients referred or ordered to the WMDCP are

required to meet the admission guidelines, including the completion a risk assessment and substance abuse

assessment.

d. A recommendation to enter the Waabshki-Miigwan program by a service provider must be made to the

WMDCP Coordinator for referral and an eligibility assessment;

Client Agreement

Clients shall read and voluntarily sign the Client Contract, Standard Terms of Probation, Release of Confidential

Information form, Entrance Questionnaire, Chemical Free Home Agreement, Eligibility, Monitoring Equipment

forms, Chemical and Alcohol Screening forms. Failure to agree to the terms of these documents may render an

individual ineligible for entry into the WMDCP program.

Sanctions and Incentives

The Waabshki-Miigwan Program utilizes a variety of incentives to recognize and reinforce program progress and

recovery behavior, and applies a range of sanctions to address noncompliance with program requirements. Behavior

that results in an incentive or a sanction will be addressed in accordance with the client’s behavior as they occur.

Sanctions are most effective when applied immediately, participants who have violated a term or condition of the

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

program may be subject to a show cause hearing and shall be required to report in person at the next scheduled Drug

Court hearing.

Participant incentives may include:

a. Encouragement and praise from the Judge;

b. Applause and praise by the Drug Court Team during court hearings;

c. Being excused from court appearances;

d. Restoration of lost privileges;

e. Accelerated advancement;

f. Gas certificates, gift cards and other incentives from the Tribal Court;

g. A reduction or elimination in assessed court fines and/or fees; and

h. Other incentives as determined by team.

Participant sanctions may include:

a. Warnings and admonishments by the Drug Court Judge during court hearings;

b. Increased frequency in court appearances;

c. Imposition of community service;

d. Increased supervision by Tribal Probation;

e. Imposition of GPS tether, SCRAM unit or other electronic monitoring device;

f. A halt in weekly progress through the program. (phase freeze);

g. Escalating periods of incarceration;

h. Termination from WMDCP program and referral back to the sentencing court for re-sentencing; and/or,

i. Other sanctions determined by the team.

Restorative Choice is an optional incentive for participants who would like to restore any non-compliance penalty

imposed by the program or any misbehavior/action while in the program. The Restorative Choice may include

additional wellness activities or any other activity approved by the Waabshki-Miigwan Team. Clients must always

complete the tasks assigned in the Waabshki-Miigwan Program Workbook in order to graduate.

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Chemical Free Home

Little Traverse Bay Bands of Odawa Indians Tribal Court

Probation Department

Chemical Free Home Agreement

I, __________________________(Client), and the following individuals: ________________________

__________________________________________________________ (spouse, roommates, etc), understand that

while the Client is on probation and enrolled in the Waabshki-Miigwan Drug Court Program (WMDCP) that they

must reside in a drug/alcohol free residence.

To support the Client's recovery efforts, the above individuals agree to living in a chemical/alcohol free

residence. A “drug/alcohol free residence” for purposes of this Agreement means that no alcohol, illegal drugs or

substances, or mind-altering substances will be kept in the home by any person residing in the home. The parties to

this Agreement understand and agree that LTBB Tribal Court staff, and/or a law enforcement officer, may make

unannounced visits to the residence for the purpose of ensuring compliance with this Agreement. The parties to this

Agreement further agree and understand that failure to allow access to the residence as outlined in this Agreement

may result in the Client receiving a program sanction, up to and including discharge from the WMDCP program,

and/or being ordered to find a different place of residence.

Client

Date

Individual residing in the residence

Date

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Dilute Urine Found in Drug Screens

A urine specimen is considered dilute by the testing laboratory when it is determined that the specimen is

significantly lacking creatinine or when something has been added to the urine in order to mask the presence of

prohibited substances. Creatinine levels will be low as a result of drinking excessive amounts of water before a

urine screen. The WMDCP has adapted the cut off levels used by the testing laboratory that is contracted to test

gathered specimens.

A dilute urine sample will be considered a positive sample. Clients will be sanctioned equally for a dilute test or a

positive test.

Clients can avoid having a dilute test by not drinking excessive amounts of water before taking a urine screen and

not ingesting any prohibited masking agents.

Drug and Alcohol Screening

Drug and Alcohol screenings are a major component of the Waabshki-Miigwan Program. The screenings are used

to determine substance use and to monitor the participant’s progress. Screenings are conducted on a frequent and

random basis, utilizing the Interactive Voice Response system. IVR is a call-in service that randomly selects LTBB

drug court participants for drug and/or alcohol screens. LTBB drug court participants will be SOLELY responsible

for calling the hotline, during predetermined times called “call-in windows”, to determine whether they are selected

for a drug and/or alcohol screen on that day. If the caller is selected for a screen on a particular day, the caller is

then responsible to get to a testing sight and ensure a drug and/or alcohol screen is administered that SAME DAY.

A late, missed, or otherwise unexcused call will be considered a “POSITIVE” result for drug and/or testing

purposes.

The participant will be drug-screened throughout the entire program as mandated by each phase. It is the

responsibility of the participant to seek clarification of guidelines that are not fully understood. Testing will be on a

random basis and may occur any day of the week. Results of drug screens will be reported to the court and

maintained in the participant’s file.

Prior to receiving a prescription, it is the responsibility of the participant to inform the physician of the participant’s

involvement in the program. . Failure to comply with proper procedure or a positive screen (excluding the baseline

screen) will result in the following sanction(s):

Non disclosed use of alcohol and/or drugs will receive a therapeutic adjustment that may include the Recommitment

to Recovery Phase. Jail will not be utilized as a sanction for use, however, dishonesty or programming violations

that were committed while using may result in a probation violation being filed and a show cause hearing being held

where an individual could be sentenced to jail time for contempt of court.

First Positive Screen Second Positive Screen Third Positive Screen Fourth Positive Screen -

Do not consume or use the following: non-alcoholic beer, non-alcoholic wine, mouthwash containing alcohol,

cough syrup containing alcohol, cold medicine containing alcohol or any other product that contains any alcohol

like hand sanitizers containing alcohol.

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Drug and Alcohol: “Call to Screen” & IVR System

Interactive Voice Response system, IVR, is a computerized call-in system of Norchem Sentry that randomly selects

clients for drug and/or alcohol screens. Clients must call in between 6:00 AM – 9:00 AM each day to check if they

are selected to come in and screen.

First Missed Call -

Write an essay on steps the participant will take to ensure that all calls are

made.

Second Missed Call Two hours of community service

Third Missed Call Four hours of community service

Fourth Missed Call eight hours of community services

Fifth Missed Call May be sanctioned with additional Community Service, Fines, and/or

progressive terms of sanctioning.

WMDCP Prescription Medication Policy

1. See attached policy

SCRAM Bracelet Obstructions

A SCRAM Bracelet obstruction takes place when the bracelet is unable to take an accurate reading due to external

factors that obstruct the testing plate of the bracelet from taking samples. Clients cannot remove (except in a lifethreatening emergency or with prior approval) or tamper with the SCRAM Bracelet. Clients cannot place

ANYTHING between the bracelet and the skin at any time (except when drying leg off after showering). Clients

cannot wear a sock in between the skin and bracelet. The SCRAM unit cannot be submerged in any type of liquid

at any time. Clients cannot pour, spray, or stick anything to the SCRAM unit. The Client must make sure that the

bracelet maintains contact with the skin at all times. Violating any of these rules may result in a report of an

obstruction or tamper.

Obstructions will be considered a positive screen. Clients will be sanctioned equally for an obstruction or a positive

test.

Clients can avoid a report of a tamper by carefully following the instructions given in the Alcohol Supervision

Program Participant Agreement.

Sponsorship Participation

All clients of the WMDCP are required to obtain a temporary sponsor by Week 3, Phase 1 of the program. The

client must select someone that is actively involved in the peer recovery community and the individual may not be a

family member, staff member or a volunteer on the WMDCP team. The client must provide the name of the sponsor

to the WMDCP coordinator. The sponsor will also need to sign verification sheets that they are working with the

client and in support of them advancing in the program. If a sponsor is not willing to share their name and/or sign

advancement applications then they should be utilized as a support but a sponsor will have to be identified who will

verify compliance with the sponsorship participation requirement. The name of their sponsor will not be shared with

the WMDCP team unless their sponsor has granted permission for that information to be shared.

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Counseling

All WMDCP participants are required to attend weekly individual substance abuse counseling sessions and work

with their therapist. All staff involved will cooperate to ensure clients complete the Waabshki-Miigwan curriculum

as well as receive any additional therapy that is recommended by LTBB Behavioral Health Department.

The LTBB Behavioral Health Department staff is the primary counselor for any and all clients in the WaabshkiMiigwan program. Therefore, all requests by the client and/or previous counselor/agency to continue counseling

will not be approved, except as provided below:

a. If a therapeutic relationship existed prior to admission to the Waabshki-Miigwan program, and is requested

by the client and agreed to by the counselor/agency and does not interfere, replace or regulate LTBB Tribal

Court services;

b. In such instances where the request to continue counseling with a non-staff professional is approved, the

Program Coordinator and the non-staff counselor/agency must define the parameters for the dual

relationship with the client, including attending WMDCP team meetings and providing weekly reports;

c. If during the client’s treatment it becomes necessary for the program staff to request specialized services

(i.e. psychiatric care or psychological testing); or

d. In the event a conflict of interest is apparent;

e. Weekly counseling or as recommended.

Employment, Community Service, Education; 30/30/30 Requirement

All participants must provide documentation confirming 30 hours of attendance at a school or trade program or 30

hours of employment per week. If enrolled in school, participants are expected to provide their class schedule, proof

of attendance and maintain a “C” average. Each participant enrolled in school must provide grades at the end of

each semester. Participants who work will provide a check stub for each pay period and a work schedule on a

regular basis. Clients who fail to meet these requirements will be obligated to complete 30 hours of community

service per week to be completed with the LTBB Tribal Government or another approved non-profit organization.

Employment Requirements

A goal of the WMDCP is to enhance employment opportunities and skills for all participants. Participants are

required to obtain, maintain employment, or enroll in vocational/education programming for a minimum of 30 hours

a week.

Participants are required to submit verification of their paystubs before their scheduled Court appearance to verify

30 hours of work a week. Employment that is paid with all cash will not be accepted as a verifiable method of

employment. The Probation Department may contact your employer for updates of your participation at work,

confirm employment dates and/or perform employment visits.

Participants are required to obtain permission from the Probation Department prior to changing employment. If a

participant is terminated, they must inform the Probation Department within 48 hours of their termination. If a

participant is not gainfully employed, they are required to actively seek employment. Participants that are seeking

employment may receive one hour of credit for every two (2) job applications they submit with provided

verification of the applications submission to the Probation Department. Participants may receive a maximum of 15

hours of their 30-hour requirement for job applications a week.

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

The Court may also require attendance in employment counseling, GED prep course, or further education as part of

the program and/or any treatment program or other condition deemed as appropriate and supportive by the Court.

Participants that are currently are employed at a restaurant that serves alcohol or are seeking employment at a venue

that serves alcohol must submit a written request to the Probation Department to continue or start employment at

that establishment. Participants must develop a plan with their treatment provider to support their recovery and must

have approval from the Judge to maintain employment or before starting.

Waabshki-Miigwan Drug Court Program – Parenting Time Credit

Many of the requirements and tenants in WMDCP Healing to Wellness Court reflect our indigenous cultures and

practices. The Odawa Indians have long recognized that the family unit is the foundation for a healthy and

productive life. We recognize that children flourish when they are nurtured and raised by loving parents. In order to

recognize the work that parents do while raising their children, the WMDCP Healing to Wellness Court will give

credit toward the 30/30/30 program in the following manner:

1) For any child care done, when the child is not yet eligible for kindergarten, by a parent (solely) that exceeds

2 full days (48 hours) – a maximum of 8 hours per day credit will be afforded.

2) The WMDCP Healing to Wellness Team Reserves the Right to use discretion on a case by case basis: as

questions will arise over time that were not foreseen at the time of adopting this provision.

(See Appendix B for more details)

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

WMDCP Family Medical Schedule

___ Weeks Before

Expected Due Date

Weeks 1 & 2 After

Hospital Discharge

Client will be on SCRAM

or SoberLink

Client will be on

SCRAM or

SoberLink

Client will have to

use “Call to Screen”

each day

Telephone Contact

with

Counselor/Sponsor*

each week, No

Matrix or other

requirements

Client will have to use

“Call to Screen” each day

Weekly Contact with

Counselor/Sponsor*

Matrix or other

requirements

(See Appendix C)

Weeks 3 & 4 After

Hospital

Discharge

Client will be on

SCRAM or SoberLink

Weeks 5 – 16 After

Hospital

Discharge

Client will be on

SCRAM or SoberLink

Client will have to use

“Call to Screen” each

day

Weekly Contact with

Counselor/Sponsor*

Matrix or other

requirements

Client will have to use

“Call to Screen” each

day

Weekly Contact with

Counselor/Sponsor*

Matrix or other

requirements

Workbook Requirement

No Workbook

Requirement

Workbook

Requirement

Workbook

Requirement

Total of ___ Meetings:

AA and/or NA

per Client Order

No Meetings:

AA and/or NA

per Client Order

Total of 2 Meetings:

AA and/or NA

per Client Order

Total of 4 Meetings:

AA and/or NA

per Client Order

No 30-30-30

Requirement

No 30-30-30

Requirement

30-30-30 Requirement

(Includes Parenting)

Completion of the

above:

Advancement -- No;

Remains at current

Week in Phase

OPTION: With

completed Weekly

Workbook

Assignment;

Advancement -- Yes

to next Week in

Phase

Completion of the

above:

Advancement -- Yes;

Advances to next

Week in Phase

Completion of the

above:

Advancement -- Yes;

Advances to next

Week in Phase

No 30-30-30 Requirement

(Per Doctor Note)

Some 30-30-30

Requirement

(Per Doctor Note)

Yes 30-30-30

Requirement

Completion of the above:

Advancement -- Yes;

Advances to next Week in

Phase

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Educational and Vocational Services:

Participants that are enrolled in school must provide documentation confirming 30 hours of attendance. Thirty hours

of attendance are 15 enrolled credit hours and an expectation of 15 hours studying a week. If enrolled in school or

vocational programming participants must provide their class schedule, proof of attendance and maintain a “C”

average. Participants enrolled in school must provide verification of attendance at the request of the Probation

Department.

Participants enrolled in less than 15 credit hours are required to coordinate with the WMDCP Coordinator to fulfil

their 30-hour requirement.

Participants enrolled in language classes will receive double credit for time spent in the class. One hour of class will

provide two hours for their 30-hour work/education requirement. Participants enrolled in language class must

provide verification of attendance weekly to the Probation Department.

Participants that enter into the WMDCP without a high school diploma may be required and are strongly

encouraged to pursue a general equivalency diploma (GED) or a high school diploma. Before advancing to the fifth

phase of the program, participants must meet this requirement if they are Court ordered to do so. Exceptions will be

made if the participant provides a documented learning disability that would prohibit them otherwise from doing so.

Treatment Services

Participants that are recommended by their treatment provider to attend additional treatment services exceeding the

manual requirement will have their work, school and/or vocational hour requirement adjusted accordingly. Any

adjustments made under this section must be approved in advance by the Probation Department.

Curfew

A graduate curfew system will be employed for clients, that will take into consideration their offense status (. until

6:00 a.m. will be in effect throughout the Waabshki-Miigwan program for all participants until the Drug Court

Team decides otherwise. Exceptions will be made for conflicts in employment schedule. Possible removal of

curfew will depend on the participation and progress of the participant. Permission may be granted by a court team

member in the event of an emergency. The participant will be notified if the curfew is changed.

If the client is found breaking curfew, clients understand they may be screened for drugs and alcohol by Law

Enforcement or a LTBB Court Official. Law enforcement or court official will notify the Waabshki-Miigwan

Coordinator and the matter will be reviewed at the next Court Hearing.

Out of Town Travel

a. Obtain a “Request to Travel” form from Tribal Probation and complete it at least one week prior to

requesting an out-of-town travel or curfew extension. All requests must be approved by Tribal Probation

before travel will be granted.

b. In case of an emergency that requires a participant to leave the three county areas, the client will contact

Tribal Probation to get approval. In the event that Tribal Probation cannot be contacted, client will contact

the Tribal Probation designee. Documentation of the emergency shall be submitted to Tribal Probation

upon return.

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

c. Upon return, the participant may be required to submit to a PBT and/or drug screen. In some cases when

clients may be out of town for a period of more than three days, they may be required to wear a drug screen

patch and/or submit to daily PBTs or wear a SCRAM unit in order to continually monitor sobriety.

Additional AA/Counseling may be required of clients as determined by Tribal Probation.

If the proper procedure is not followed permission will not be granted except in the case of an emergency.

Emergency Criteria

Clients absent from scheduled program appointments, meetings, or hearings will be excused in the event of an

emergency if they communicate with the Program Coordinator and it is reasonable for the client to be excused.

Attendance

Each client is required to appear at 8:00 am on drug court days unless otherwise specified. Clients are required to

attend all scheduled court hearings. Failure to appear, without proper notice, will result in a bench warrant being

issued.

Clients will be required to attend all scheduled Hearings, program and counseling appointments, program sessions,

and self-help meetings (AA) unless they are properly excused by the Tribal Probation Officer. Clients must notify

the court of the possible absence at least twenty-four (24) hours in advance and receive approval. Failure to notify

the court of absence will result in graduated sanctioning as list in the NDCI Sanctions chart listed below.

* All consequences are at the discretion of the WMDCP team.

** Based on Access To Recovery (ATR) funding reimbursement fees.

Emergency Hearing

As necessary, the Tribal Court will have emergency hearings when the participant is non-compliant with the

program. The Probation Officer or the Presenting Officer will report serious non-compliance to the Judge. These

hearings are immediate when the Judge deems necessary to proceed with a hearing when the participant action or

activity is seriously non-compliant and when immediate sanctions and/or detention needs to be imposed. The Judge

leads the hearings and may impose consequences with or without the team consent only in emergency situations.

Fines, Fees, and Court Costs

Fines and Fees are determined by the Judge on a case-by-case basis depending on a participant’s infractions and

needed services.

Disqualification/Termination Criteria

Enrollment and participation in Waabshki-Miigwan is an opportunity for an eligible participant to overcome his/her

drug and/or alcohol dependence. Participants may be disqualified from program entry, continuation, or graduation

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

if it is in the best interest of the community, and/or the credibility of the LTBB Tribal Court to do so. Examples

include:

a. Committing a crime of violence;

b. Co-occurring disordered clients whose mental illness is so severe to prevent active and full participation;

c. A demonstrated lack of capacity or willingness to engage in treatment and comply with the conditions of

probation;

d. Continuing criminal activity;

e. Acts of violence while participating in LTBB Tribal Court Programs; and/or

f. Continued positive drug/alcohol screens.

g. 30-month cut-off dismissal.

Graduation Requirements

A client will celebrate a Formal Graduation from the WMDCP after completing 52 Successful Weeks. Clients will

be required to do an “Open Talk Project” where they will present their recovery story. At the client’s discretion,

members of the LTBB community may attend to hear the client’s story and also celebrate the client’s success in

recovery. A graduation celebration and feast will occur in the client’s honor along with a certificate of completion

awarded at the conclusion of the ceremony. The client must enter Six Months of Aftercare, Phase 5, to fulfill the

program requirement in its entirety and an order for release from probation will occur after completion of an exit

interview.

Team Member Roles

The Waabshki-Miigwan Judge supervises and re-enforces treatment by reviewing the reports from the WaabshkiMiigwan team members and input from each participant and will assign various consequences and incentives to

encourage compliance with the Waabshki-Miigwan Program. The Judge will establish a rehabilitative relationship

with the participant through intensive interaction during court appearances. The Judge assumes the role of not only

judge, but also mentor and encourager.

The Judge responds quickly to any relapse or other violations with immediate consequences that address the

problem and encourages more dedication to the treatment process. The Court will utilize graduated consequences to

become more restrictive as the severity and frequency of the behavior increases. The court can utilize all the

consequences and incentives spelled out in the Waabshki-Miigwan Policy Manual and any other deemed proper by

the Court.

The Drug Court will actively supervise and re-enforce the treatment received by the client. It is a goal of the Drug

Court to be an optimistic outlook for each participant in encouraging that client to complete the Drug Court

Program as they and the community will both benefit immensely.

The LTBB Tribal Prosecutor reviews each participant’s case and advises the Drug Court as to whether or not the

participant might be a possible candidate for the Waabshki-Miigwan Program. The prosecutor’s assessment will

include the verification of whether the candidate’s charges are appropriate for the program and whether the

participant has any prior convictions or charges that may disqualify him from participation. The Tribal Prosecutor

will report to the Court his findings. The Tribal Prosecutor will not prosecute any pretrial participant who is

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

participating in the Drug Court Program unless the client is unsuccessful in the program and is terminated. If the

participant is unsuccessfully discharged from the Waabshki-Miigwan Program, the prosecutor can pursue the

charges as normal.

The LTBB Tribal Defense Attorney advises his/her client of their legal rights and the relative merits of entering

the WMDCP versus disposing of the case through the traditional adversarial process. The Tribal Defense Attorney

ensures that the participant understand the program’s requirements and legal consequences for noncompliance. The

Tribal Defense Attorney also ensures that the participant’s due process rights are maintained throughout the period

of program participation.

The Court Administrator and the Clerk of the Court are responsible for receiving and filing all original

documents, keeping current files and making them available at all Drug Court hearings. The Court Administrator

and Clerk of the Court will also be responsible for receiving and recording all payments made to the Drug Court by

a client. Finally, the Clerk of the Court will be responsible and house all program incentives and the Court

Administrator will oversee all budgetary tasks and any grant related objectives or reporting.

The LTBB Substance Abuse and Mental Health Department has reserved slots for participants, allowing the

participant to access services immediately. Each participant will go through in an initial screening and intake

assessment process at the onset. The participant is assigned to the designated drug court counselor.

Recommendations will be based on the client’s intake assessment. The participant and the counselor or therapist

will develop a treatment plan based on the abilities, needs and strengths of the participant and also work together to

complete the Waabshki-Miigwan Curriculum. The therapist will provide timely and accurate progress reports

regarding the participant to the Waabshki-Miigwan Team prior to each court appearance of the participant. The

therapist will provide any recommendations based on the progress report to the team.

The Waabshki-Miigwan Court Coordinator will update files and prepare notes relating to each participant’s

progress in the Waabshki-Miigwan Program. They will also provide the Client, Client’s attorney, or other

representative the proper forms for entry into the Drug Court Program. The WMDCP Coordinator will be

responsible for preparing any orders and distributing them to the appropriate parties. Copies of all the documents

pertaining to the client will be sent to the appropriate personnel (i.e. Program Coordinator, Tribal Probation, and

Tribal Prosecutor). The WMDCP Coordinator will pay special attention to each Drug Court client’s progress and

coordinate with Tribal Probation to make necessary adjustments to client’s track.

The LTBB Adult Tribal Probation Officer will monitor and supervise the participant on a daily basis. The

Probation Officer is in charge of drug and alcohol testing the participants. The Probation Officer works with the

client and the client’s assigned counselor to guide them through the Waabshki-Miigwan curriculum. Supervision

includes weekly monitoring of 30/30/30 completion, Wellness Activity progress, Self-help Meeting attendance,

client behavior, and drug screening. The Probation Officer will confirm the client’s successful completion of each

week’s tasks by going over the Client Workbook and Client Calendar with the participant weekly.

The Cultural Resource Advisor will coordinate all cultural components of the Waabshki-Miigwan Program. They

will build and maintain a community network of Tribal members capable of assisting the client in completing the

culturally relevant tasks throughout the Waabshki-Miigwan Program. Also, the Cultural Resource Advisor will

work closely with the Waabshki-Miigwan Program Coordinator to complete all the goals and objectives laid out in

the strategic plan.

The LTBB Law Enforcement provides information to the drug court team concerning contacts between Law

Enforcement and drug court participants. A verbal or written report from the Law Enforcement Department

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

regarding positive and negative behavior of participants is provided to the team when necessary. In addition, the

Law Enforcement may provide drug screens or PBT testing.

Client Records

The WMDCP Coordinator shall establish and maintain both a paper filing system and a computer database to track

information for all individuals who are processed by the Waabshki-Miigwan Drug Court (before, during and after

participation). Information will be used to monitor and program effectiveness, to make improvements, and to

demonstrate innovations or success to acquire additional funding. The forms and computer data base shall be

designed to collect and report on the following information:

a.

b.

c.

d.

e.

f.

g.

h.

Name, age, birth date, sex, tribe, village, last grade completed, and the names of schools of the participant;

Whether the participant has children, Children’s name and age;

Employer Information

Clients specific charges and a brief description of the incident that lead to program admission

Dates of all court hearings and orders and types or orders;

Date of admission, date of physicals, health issues upon admission;

Documented Criminal History

The specific treatment plan requirements for each participant (classes, counseling, groups, support groups,

mentoring, physical activity, etc.);

i. The specific beginning dates for each phase of treatment and phase graduation dates;

j. Date of expulsion from the wellness court program;

k. Date of re—admission to the wellness court program;

l. Date of each alcohol and/or drug test and results;

m. Dates of additional new charges, Dates of Arrest

n. Dates of changes in employment;

o. Number of babies born to participants alcohol and drug free; and

p. Date and type of sanction issued and for what act or omission

Meetings

A regular Drug Court Team meeting will be held. During weeks when a Drug Court hearing is scheduled the team

meeting will be held immediately prior to hearing. Special Drug Court Team meetings may be held as needed.

Ethics and Confidentiality

The fundamental concern of the Waabshki-Miigwan program is addressing substance use disorders as defined by

the DSM V through treatment. Federal requirements and any tribal policies regarding confidentiality of client

records must be considered. To properly address the confidentiality rights of participants, the Waabshki-Miigwan

team must incorporate confidentiality regulations into its policies and procedures. Confidentiality regarding

substance abuse treatment is protected by United States Code and the Code of Federal regulations. Therefore, all

treatment providers and team members are bound by confidentiality guidelines.

The Waabshki-Miigwan team can share information regarding participants by obtaining written consent from each

participant or through court order. Participants can sign a “Release of Confidential Information Form” where the

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

participant gives his/her consent, in writing, allowing treatment providers and team members to share and disclose

information regarding substance abuse issues.

Additionally, the purpose and conditions of the Release of Confidential Information Form should be explained to

the participant by a member of the Waabshki-Miigwan Team (defense, probation, prosecution). It is important for

the participant to understand the duration of the consent and that consent may be revoked, but that revoking consent

may affect his or her ability to remain in the Wellness Court Program.

Because participants are involved in group counseling it is essential that they respect the confidentiality of other

participants. They should agree not to disclose sensitive information discussed during sessions. This topic will be

addressed in the Client Contract and the initial orientation. Also, measures must be taken by the team to ensure that

information disclosed is relevant, reliable and limited to the scope of the program and that it takes place in a

professional forum.

In the event that a court staff member and a client should come in contact outside of a professional setting,

communication should not take place unless initiated by the drug court participant.

Finally, Tribal law and regulations do not protect any information about suspected child abuse or neglect from being

reported under tribal law to appropriate state or local authorities. Other instances of mandated reporting are in case

of emergency, or threats to harm self or others.

Evaluation Design

Waabshki-Miigwan will complete consistent and ongoing examination and evaluation of its efforts in order to

identify strengths and weakness. A process evaluation will be completed on a yearly basis and every new client will

complete an entrance and completion questionnaire. Data gathered from process evaluations will be used to make

improvements within the program. The entrance and completion questionnaires will be used to generate useful

reports that reflect any progress and provide some preliminary data that will be used in seeking additional funding.

A profile of participants will be developed through the collected data that will be useful in making changes to the

program target population. The Adult Drug Court coordinator will be responsible for collection and input of data.

Data stored in the court Database will be available to the Program Coordinator and Judge to allow more

accountability for the program.

Entrance Questionnaire will include the following fields:

a. Age

b. Gender

c. Tribal affiliation

d. Drugs of choice

e. Age at first use

f. Employment status

g. Educational status

h. Marital status

i. Number of dependents

j. Referring charge

k. Date of screening

l. Date of entrance into the program

m. History of drug use

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

n. Personal Statement (Outlook on self and life)

The Completion Questionnaire will include the following fields:

a. Drugs of choice

b. Age at first use

c. Employment status

d. Educational status

e. Date of discharge/graduation

f. Reason for discharge

g. History of drug use

h. Additional offenses while in the program

i. Results of drug testing

j. Personal Statement (Outlook on self and life)

Periodic (Every Year) process evaluations will include the following questions:

a.

b.

c.

d.

e.

What was planned that did not work?

What worked that was not planned?

What resources were needed?

What data need to be collected?

What is the best collection system (data base/management information system) to use, and how do you

begin to plan for it?

f. What goals and objectives have you met and do you need to change, add, or delete any goals and

objectives?

g. How many clients will we serve the coming year?

h. Did we serve the number of program participants we anticipated the prior year?

i. What percent of females are in the program and do we need to adjust the program in any way to meet some

of their needs? Males?

j. What is the average age of participants?

k. What are the drugs of choice so we know how best to drug test? Should we drug test once a week or more

often?

l. What percent of participants use alcohol, cocaine, methamphetamine, heroin, or other drugs?

m. What is the employment rate? Do participants need any specialized or vocational training?

n. What is the average grade completed in school? Do adults need additional educational programs?

o. What is the marital status of most participants? Does it appear there is a need for dedicated marriage and/or

family counseling groups?

p. On average, how old were participants when they first began to use alcohol or drugs?

q. What was the referring charge that brought them into the program? Are we addressing the problem within

the LTBB community? Is the number of these charges decreasing as participants graduate?

r. What is the graduate rate?

s. What is the retention rate?

t. What is the discharge rate for noncompliance? What are participants doing that causes their discharge? Can

we adjust for that?

u. Are we reaching (or approaching) the recidivism rate we addressed in your goals and objectives?

v. What are the results of drug tests? Does it appear that participants’ alcohol/drug use is decreasing?

w. Are individuals being screened and are they entering the program in a timely manner.

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

SANCTION LIST PER NDCI

Low

Verbal Admonishments

Verbal admonishments may be

delivered by any staff member

and are ideally delivered at or

near the time an infraction has

occurred; for example,

immediately after a missed

counseling appointment or drug

positive urine test. The judge later

reinforces the admonishment

during court hearings. Research

indicates admonishments should

never be delivered in a

disrespectful, insulting, or

threatening manner. The

important points are to: (a) clarify

the nature of the infraction, (b)

emphasize the expectation of

compliance in the program, (c)

indicate what sanctions await

future transgressions, and (d)

consider what alternative actions

the participant should take in the

future.

Letters of Apology

Participants may be required to

write letters of apology to the

program or persons they have

negatively impacted. They are

typically asked to describe their

non-compliant or inappropriate

behavior, analyze what went

wrong, and consider how they

will react differently in the future.

*Tape recordings may be used in

lieu of writing assignments for

participants who are illiterate or

have difficulty writing.

Essay Assignments

*Tape recordings may be used in

lieu of writing assignments for

participants who are illiterate or

have difficulty writing.

 Definition of recovery

 Relapse triggers

 Drug refusal skills

 Managing cravings

 Lying and dishonest

 The disease of addiction

Moderate

High

Increased Supervision

Requirements Participants may be

required to attend more frequent

probation appointments, case

management sessions, or status hearings

in court. They may also be required to

undergo more frequent drug testing, or

more frequent home or community visits

by probation officers or other supervision

agents.

Common examples include:

• More frequent probation appointments •

More frequent status hearings

Day Reporting

 Several hours per day or

week at probation office or

other reporting center

probation appointments

Traditional service project as advised

by cultural resource advisors

Electronic Surveillance

 Anklet monitor

 SCRAM device

 Car interlock device

Useful community Service

 Set up for or clean up after treatment

sessions, court sessions or graduation

ceremonies

 Wash police cars

 Clean the jail, courthouse, treatment

facility or probation office

 Pick up trash on the roadside

 Sweep gyms or other facilities

 Clean graveyards

 Clean animal shelters

Home Detention

 Phone monitored curfew

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

The impact of Addiction

on the family

The role of treatment

The role of peer support

groups

Daily Activity Logs

 Monitor and report on

adherence to pre-set daily

routine

Journaling

 Monitor and report on

thoughts, feelings and

attitudes associated with

drug use or antisocial

activities

Life Skills Assignments

 Open a bank account

 Obtain a state

identification card

 Reinstate a driver’s

license

 Enroll in GED, H.S. or

college classes

 Prepare for or conduct a

job search

“Jury Box” Observation

 Observe Drug Court or

other court proceedings

Increased Community

Restrictions

 Earlier curfew

 Increased person or area

restrictions

Assist with Habitat for Humanity

Work in a soup kitchen

Staff community events

Clean Sheriff’s horse stalls

Monetary Fines or Fees

Holding Cell

 Remain at courthouse and return for status

review at end of court session

Flash Jail Sanctions

 Ideally 1 to 5 days

 May be served on weekend

or other pre-planned time

Termination

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Waabshki-Miigwan Forms

WMDCP Release of Confidential Information

WMDCP Peer Recovery Group Verification

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Appendices

Appendix A:

AA Twelve Steps

1. We admitted we were powerless over alcohol—that our lives had become unmanageable.

2. Came to believe that a Power greater than ourselves could restore us to sanity.

3. Made a decision to turn our will and our lives over to the care of God as we understood Him.

4. Made a searching and fearless moral inventory of ourselves.

5. Admitted to God, to ourselves, and to another human being the exact nature of our wrongs.

6. Were entirely ready to have God remove all these defects of character.

7. Humbly asked Him to remove our shortcomings.

8. Made a list of all persons we had harmed, and became willing to make amends to them all.

9. Made direct amends to such people wherever possible, except when to do so would injure them or others.

10. Continued to take personal inventory and when we were wrong promptly admitted it.

11. Sought through prayer and meditation to improve our conscious contact with God, as we understood Him,

praying only for knowledge of His will for us and the power to carry that out.

12. Having had a spiritual awakening as the result of these Steps, we tried to carry this message to alcoholics, and to

practice these principles in all our affairs.

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Appendix B:

Waabshki-Miigwan Drug Court Program -- Parenting Time Credit

Many of the requirements and tenants in WMDCP Healing to Wellness Court reflect our indigenous cultures and

practices. The Odawa Indians have long recognized that the family unit is the foundation for a healthy and

productive life. We recognize that children flourish when they are nurtured and raised by loving parents. In order to

recognize the work that parents do while raising their children, the WMDCP Healing to Wellness Court will give

credit toward the 30/30/30 program in the following manner:

1) For any child care done, when the child is not yet eligible for kindergarten, by a parent (solely) that exceeds

2 full days (48 hours) – a maximum of 8 hours per day credit will be afforded.

2) The WMDCP Healing to Wellness Team Reserves the Right to use discretion on a case by case basis: as

questions will arise over time that were not foreseen at the time of adopting this provision.

The intent of this provision is to give credit to a parent who is choosing to care for their child in lieu of working

outside the home. It is not intended to give hour for hour credit to a parent who is spending time with their child.

For example, if a parent works outside the home on a given day and returns home where they care for their child, no

credit would be given. However, if a parent spends the entire day (and is the only adult) providing child care, then

credit for a maximum of 8 hours per day would be given. Many tribal families have parents that work full time jobs

and spend time with their children after work hours and on their time off. Therefore, two full days of a week would

be time that a full-time working parent would expect to spend with their child. The intent of this provision is to give

credit for child care hours, but not over and above what is given or expected of parents who work outside the home

on a full-time basis.

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Appendix C:

WMDCP Family Medical Schedule

___ Weeks Before

Expected Due Date

Weeks 1 & 2 After

Hospital Discharge

Client will be on SCRAM

or SoberLink

Client will be on

SCRAM or

SoberLink

Client will have to

use “Call to Screen”

each day

Telephone Contact

with

Counselor/Sponsor*

each week, No

Matrix or other

requirements

Client will have to use

“Call to Screen” each day

Weekly Contact with

Counselor/Sponsor*

Matrix or other

requirements

Weeks 3 & 4 After

Hospital

Discharge

Client will be on

SCRAM or SoberLink

Weeks 5 – 16 After

Hospital

Discharge

Client will be on

SCRAM or SoberLink

Client will have to use

“Call to Screen” each

day

Weekly Contact with

Counselor/Sponsor*

Matrix or other

requirements

Client will have to use

“Call to Screen” each

day

Weekly Contact with

Counselor/Sponsor*

Matrix or other

requirements

Workbook Requirement

No Workbook

Requirement

Workbook

Requirement

Workbook

Requirement

Total of ___ Meetings:

AA and/or NA

per Client Order

No Meetings:

AA and/or NA

per Client Order

Total of 2 Meetings:

AA and/or NA

per Client Order

Total of 4 Meetings:

AA and/or NA

per Client Order

No 30-30-30

Requirement

No 30-30-30

Requirement

30-30-30 Requirement

(Includes Parenting)

No 30-30-30 Requirement

(Per Doctor Note)

Some 30-30-30

Requirement

(Per Doctor Note)

Yes 30-30-30

Requirement

Completion of the above:

Advancement -- Yes;

Advances to next Week in

Phase

Completion of the

Completion of the

Completion of the

above:

above:

above:

Advancement -- No; Advancement -- Yes;

Advancement -- Yes;

Remains at current

Advances to next

Advances to next

Week in Phase

Week in Phase

Week in Phase

OPTION: With

completed Weekly

Workbook

Assignment;

Advancement -- Yes

to next Week in

Phase

*Contact will be made with Counselor if available, if not then contact with Sponsor must be completed.

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Appendix D:

The Indian Twelve Steps

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Appendix E:

Ten Key Components of Wellness Courts

Key Component #1: Tribal Healing to Wellness Courts brings together community-healing resources with the

tribal justice process, using a team approach to achieve the physical and spiritual healing of the participant and the

well-being of the community.

Key Component #2: Participants enter the wellness court program through various referral points and legal

procedures while protecting their due process rights.

Key Component #3: Eligible substance abuse offenders are identified early through legal and clinical screening

and are promptly placed in the Tribal Healing to Wellness Program.

Key Component #4: Tribal Healing to Wellness programs provide access to holistic, structured and phased

substance abuse treatment and rehabilitation services that incorporate culture and tradition.

Key Component #5: Participants are monitored through intensive supervision that includes frequent and random

testing for alcohol and other substance use.

Key Component #6: Progressive consequences (or sanctions) and rewards (or incentives) are used to encourage

participant compliance with program requirements.

Key Component #7: Ongoing judicial interaction with each participant and judicial involvement in a team staffing

is essential.

Key Component #8: Monitoring and evaluation measure the achievement of program goals and gauge

effectiveness to meet three purposes: providing information to improve the Healing to Wellness process; overseeing

participant progress; and preparing evaluative information for interested community groups and funding sources.

Key Component #9: Continuing interdisciplinary education promotes effective wellness court planning,

implementation, and operation.

Key Component 10: The development of ongoing communication, coordination, and cooperation among team

members, the community and relevant organizations are critical for program success.

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[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Appendix F:

Seven Grandfather Teachings

Nibwaakaawin—Wisdom: To cherish knowledge is to know Wisdom. Wisdom is given by the Creator to be used

for the good of the people. In the Anishinaabe Language this word expresses not only "wisdom," but also means

"prudence," or "intelligence." In some communities, Gikendaasowin is used; in addition to "wisdom," this word can

also mean "intelligence" or "knowledge."

Zaagi'idiwin—Love: To know Love is to know peace. Love must be unconditional. When people are weak they

need love the most. In the Anishinaabe language, this word with the reciprocal theme /idi/ indicates that this form of

love is mutual. In some communities, Gizhaawenidiwin is used, which in most context means "jealousy" but in this

context is translated as either "love" or "zeal". Again, the reciprocal theme /idi/ indicates that this form of love is

mutual.

Minaadendamowin—Respect: To honor all creation is to have Respect. All of creation should be treated with

respect. You must give respect if you wish to be respected. Some communities instead use Ozhibwaadenindiwin or

Manazoonidiwin.

Aakode'ewin—Bravery: Bravery is to face the foe with integrity. In the Anishinaabe language, this word literally

means "state of having a fearless heart." To do what is right even when the consequences are unpleasant. Some

communities instead use either Zoongadikiwin ("state of having a strong casing") or Zoongide'ewin ("state of

having a strong heart").

Gwayakwaadiziwin—Honesty: Honesty in facing a situation is to be brave. Always be honest in word and action.

Be honest first with yourself, and you will more easily be able to be honest with others. In the Anishinaabe

language, this word can also mean "righteousness."

Dabaadendiziwin—Humility: Humility is to know yourself as a sacred part of Creation. In the Anishinaabe

language, this word can also mean "compassion." You are equal to others, but you are not better. Some

communities instead express this with Bekaadiziwin, which in addition to "humility" can also be translated as

"calmness," "meekness," "gentility" or "patience."

Debwewin—Truth: Truth is to know all of these things. Speak the truth. Do not deceive yourself or others.

Page | 45

[WAABSHKI-MIIGWAN DRUG COURT MANUAL] May 1, 2022

Appendix G:

Medicine Wheel Summary

Prepared by the LTBB Language Department

Page | 46

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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