This session will explore legal issues that Tribal Healing to Wellness Courts deal with during their day-to-day operations. Presenters will touch on issues that include constitutionality of Healing to Wellness Court procedures, including client due process rights, privacy rights, and traditional practices. The session will also discuss ways Healing to Wellness Courts can help strengthen their Tribal Codes and Policies and Procedures to ensure client rights are protected during their time with the court.
The session will also explore assessment procedures that give candidates a fair opportunity to participate in Tribal Healing to Wellness Courts, further ensuring Tribal Healing to Wellness Courts are protected from allegations of due process violations. The session will further discuss proper protocols for case management, including requiring training on trauma-informed care for those who work with clients and expressing that requirement in policies and procedures/memorandums of understanding.
The session will also provide an overview of the foundational elements in federal Indian law. This understanding is generally required when working in Tribal communities, Tribal courts, federal courts, and with state courts. Considering the multi-jurisdictional dynamic of Tribal Healing to Wellness Courts, ensuring client constitutional rights are protected is critical and in line with Tribal 10 Key Components #2 (“Referral Points and Legal Process”), #3 (“Screening and Eligibility”), #7 (“Judicial Interaction”), and #10 (“Team Interaction”). Protecting client rights not only ensures clients are protected, but it also ensures the community maintains confidence in the Tribal Healing to Wellness Court’s ability to provide just services. This level of detail creates a reputation for Tribal Healing to Wellness Courts beyond just the Tribal community. In addition to confidentiality regarding assessments, the session will also focus on confidentiality practices regarding data and any limitations that should be in effect to prevent the distribution of protected health information.
