Participation, engagement and withdrawal from Family Treatment Court

This page explains the process for joining, participating in, and withdrawing from Family Treatment Court (FTC), emphasizing that participation is voluntary and requires active engagement in treatment and court sessions. It also outlines the steps for a parent to withdraw from the program at any time.

Participation in the FTC is voluntary and may only begin with the assent of all parties and will entitle the Participant to specific confidentiality protections outlined below. An absent parent (one who has not been served, not been adjudicated and/or not participating in the court case) will not preclude admission to FTC.

Voluntary and by agreement of the parties

Participants enter the FTC through an assented-to Motion to Participate in Family Treatment Court, an Agreement of the Parties to Enter Family Treatment Court, and Stipulation as to Discovery and Admissibility of Family Treatment Court Records.

Conclusion of participation

When an FTC case closes, the Court will issue a Closing Order stating the reason for closure (graduation, withdrawal, or removal).

Graduation

The Participant engages in treatment and services, progressively completing each phase of the FTC. Upon FTC graduation, the FTC case will close. The Care and Protection case may close at the same time or resolve through litigation or agreement

Withdrawal by child, non-participating parent or the Department of Children and Families (DCF)

• Initial and continued participation in the FTC must be voluntary by all parties. Therefore, a child, non-Participating Parent or DCF may file a Notice of Intent to Withdraw at Next Scheduled Session.
• At the next FTC court session, the Participant must file a response to the Notice of Intent to Withdraw. This response must indicate the Participant’s intention to remain engaged in the FTC on an individual basis for comprehensive case management without the discovery protections of FTC or manage their recovery independent of the FTC, at which point the FTC case will close.
• If they continue to receive individual FTC comprehensive case management services, the information related to those services engaged in after the withdrawal of other parties will be discoverable in the CP case, but only admissible to the extent it would be otherwise admissible pursuant to applicable rules of evidence and case law.
• Included in the Participant response to withdraw must be an acknowledgement by the Participating Parent that the protection from discovery provisions of the FTC will cease to apply as of the date of their response. FTC information from the period prior to the Participant response retains the original protection from discovery, and information regarding any services they are engaged in after that will be discoverable and admissible pursuant to case law and the rules of evidence.
• Where parties withdraw their consent to participate in the FTC, and the Participant elects to continue with individual FTC case management, the DCF staff and attorney, as well as attorneys for children and non-Participating Parents will not be allowed to attend Team Meetings or Court Sessions while the Participating Parent’s case is being discussed, unless invited by the Participating Parent. Court orders following the session will only be sent to counsel for the Participating Parent.
• When the collective agreement to participate in FTC case ends, and the CP case requires litigation, the CP case will be reassigned to a judge other than the FTC judge. The CP will continue pursuant to time standards, and a trial may be scheduled. That trial shall be scheduled in accordance with Juvenile Court Standing Order 2-23, Section 6.⁶

Withdrawal by a participant

• If a Participant elects to withdraw from the FTC, they must file a Notice of Intent to Withdraw at Next Scheduled Session. This notice must include the same items as the response described above regarding the Participant’s intention to continue with individual FTC case management services without the protection from discovery stipulation or manage their recovery independent of the FTC.
• The CP case will be reassigned to a different judge. The CP will continue pursuant to time standards, and a trial may be scheduled. That trial shall be scheduled in accordance with Juvenile Court Standing Order 2-23: Section 6.

Suspension or removal of a participant

• The FTC Operational Team recognizes that the recovery process is complicated. A Participant’s overall engagement will be continually assessed. If a Participant stops participating in the FTC and related services, the FTC Coordinator and FTC Clinician will make a concerted effort to contact the Participant directly or indirectly.
• If the Participant is responsive and reengages, the FTC Team will reevaluate the treatment plan to better meet the Participant’s needs.
• If the Participant articulates a decision to leave the FTC, or is not responsive to outreach, they may be suspended or removed from the FTC and the FTC case will be suspended or closed.

6. See Standing Order section of Appendices.

Last updated:	January 1, 2024