Healing To Wellness Court

• Must not have been charged with a “Violent Offense” as defined in the Choctaw Nation Healing to Wellness Code section 476
• Must have no prior felony conviction in any court for domestic violence offense within the last 10 years
• Must be a member of the Choctaw Nation of Oklahoma or other federally recognized tribe.
• Must be subject to the jurisdiction of the Choctaw Nation District Court.
• Must admit to or appear to have substance abuse issues.
• Must already have or agree to immediately receive a drug and alcohol assessment performed by personnel certified by ODMSAS or CNBHS
• Must be willing and able to consent to enter the Atuya program with a desire to change their life.
• Must agree to execute all required paperwork, medical and employment authorizations and release of liability and contractual agreements.

• Must have an active JD case in the Choctaw Nation District Court.
• Must admit to or appear to have substance abuse issues.
• Must already have or agree to immediately receive a drug and alcohol assessment performed by personnel certified by ODMSAS or CNBHS.
• Must be willing and able to consent to enter the Atuya program with a desire to change.
• Must agree to execute all required paperwork, medical and employment authorizations and release of liability and contractual agreements.

• Must have an active Guardianship case in the Choctaw Nation District Court.
• Must admit to or appear to have substance abuse issues.
• Must already have or agree to immediately receive a drug and alcohol assessment performed by personnel certified by ODMSAS or CNBHS.
• Must be willing and able to consent to enter the Atuya program with a desire to change.
• Must agree to execute all required paperwork, medical and employment authorizations and release of liability and contractual agreements.

1. Any person with a pending criminal case filed in the Choctaw Nation District Court and who believes they need assistance with addiction recovery may complete an Application for Admission and Eligibility Form and file the same with the District Court Clerk. Individuals whose children have been removed from their care and who have a pending JD or guardianship case in the Choctaw Nation District Court may also apply for acceptance into Atuya. To ensure a faster application process, please submit your Drug and Alcohol Assessment results with your Application.
2. An Initial Hearing will be set with the District Court Judge presiding over your criminal, JD or guardianship case to discuss your initial eligibility for acceptance into Atuya.
3. At the Initial Hearing, the District Court Judge will determine if you preliminarily meet the initial eligibility requirements for admission. The Tribal Prosecutor may also object to your acceptance at this stage. If the District Court Judge determines at the initial hearing that you: (a) meet the eligibility requirements to at least be considered for admission; and (b) that there is no statutory or other reason for denial of your acceptance, an investigation into your suitability and eligibility will begin.
4. Your Application will be referred to the HTW Case Manager who will conduct the investigation into your eligibility and suitability for admission and will prepare a written recommendation as to whether or not you should be accepted into Atuya. If acceptance is recommended, the Case Manager will also prepare a Treatment Plan. This recommendation and Treatment Plan will be provided to you, the Tribal Prosecutor and your attorney at least ten (10) days prior to the Final Hearing with the Healing to Wellness Court.
5. If the HTW Case Manager recommends your acceptance, the Tribal Prosecutor will prepare and negotiate with your Public Defender/attorney the terms of a written plea agreement (if admission is through a criminal case) with all the punishment provisions specified prior to the scheduled Final Hearing. The punishment provisions of the written plea agreement shall emphasize reparation to any victims, the community, and the Choctaw Nation, if applicable.
6. A Final Hearing will be set at which time the HTW court Judge will make a determination as to whether your application will be admitted or denied.
7. If you are admitted into the HTW Court, then you will be required to enter a guilty plea (if admission is through a criminal case) which will state the penalty that will be imposed for your offense, both in the event you successfully complete the HTW Court and in the event you fail to complete the HTW Court or are terminated. The HTW Court Judge cannot amend your written plea agreement in any way.
8. If you are denied acceptance, then your case will proceed on the Choctaw Nation District Criminal Court/guardianship/JD docket in the traditional manner.
9. If you are accepted into Atuya, you will be required to execute all necessary documents, including contracts, releases and liability waivers before an admission order will be entered.
10. Once admitted into the HTW Court, your criminal case will be stayed, pending the resolution of your HTW Court Case. All JD Cases will continue as previously scheduled and will not be stayed.
11. Denial of admission to the HTW Court is not an appealable event.

Before an order admitting you into the Court is signed, the following must occur:

1. You will be required to plead guilty to the charged criminal offense and the plea agreement will state the penalty that will be imposed for your offense, both in the event you successfully complete the HTW Court and in the event you fail to complete the HTW Court and/or are terminated from the HTW Court (applicable if pending criminal case only).
2. You will be required to waive your right to a speedy trial (if applicable).
3. You will be required to waive your right to a preliminary hearing (if applicable).
4. You will be required to agree to the terms and conditions of a Treatment Plan that may require you to attend rehab, take drug and alcohol tests, attend counseling, attend cultural activities, attend group therapy, or other protocols as ordered by the HTW Court. This Treatment Plan may be modified at any time during your participation in the HTW Court, if the HTW Court finds it is in your best interest and after conferring with your treatment provider(s).
5. You will be required to sign a performance contract with the HTW Court.
6. You will be required to sign a waiver of liability form, and any other paperwork deemed necessary by the HTW Judge.
7. Should you fail to participate in HTW Court or comply with the terms and conditions of your contract or treatment plan, you may be revoked from the Healing to Wellness Court and sentenced without trial to the punishment provisions of the plea (if applicable).
8. Should you be convicted of a misdemeanor offense which reflects a propensity to violence, commit a violent offense or be convicted of any felony offense while you are an HTW Court participant, you may be revoked from the HTW Court and sentenced without trial to the punishment provisions of the plea.
9. If you have a pending JD case, your termination from the HTW Court may negatively impact the outcome of your JD Case (if applicable).

If you are accepted into Atuya you will be provided with a Treatment Plan. That Treatment Plan may include, but is not limited to, the following services:

1. Counseling Services: Atuya has partnered with a counseling service that will provide individual and group counsling and other additional services specific to participant’s needs.
2. Rehabilitation Services: You may be referred to an alcohol or drug rehabilitation program that can assist you on the road to sobriety.
3. Educational Services: Atuya offers courses such as GED preparation, parenting classes, life skills, higher education and career development, all built to strengthen the foundation of participants as they work their way through Atuya.
4. Vocational Services: Atuya has contacts with departments and services within the Choctaw Nation that may assist the participants with specialized education and training programs and with work placement, “Job for a Day,” college readiness and certificate assistance programs.
5. Cultural Services: Atuya, the Choctaw Nation Cultural Center, and tribal members and elders from across the Nation have come together to provide culturally appropriate activities and events for all participants to experience.

Your Treatment Plan may be modified upon your request or the request of the HTW Implementation Team after consulting with your treatment provider. Any proposed modification must be deemed to be in your best interest.
Any participant who fails to comply with the terms of their Treatment Plan may be terminated from Atuya.