Noble County Community Corrections Court Services
Each participant has the following rights:
1. Right to be informed of the various steps and activities involved in receiving services.
2. Right to confidentiality under federal and state laws relating to the receipt of services.
3. Right to make an informed decision whether to accept or to refuse treatment. A voluntary participant, who has not been adjudicated incompetent, is entitled to refuse to submit to treatment. An involuntary participant who wishes to refuse to submit to treatment is entitled to refuse to submit to treatment. An involuntary participant who wishes to refuse to submit to treatment is entitled to petition the committing court or hearing officer for consideration ofthe treatment. In the absence of such a petition, the program may proceed with the proposed treatment. Whenever a participant gives an informed consentto receive services of the program, consent must be made in writing and included in the participant's record.
4. Right to humane care and protection from harm, abuse and neglect.
5. Right to practice the participant's religion.
6. Right to contact and consult with counsel and private practitioners of the participant's choice at the participant's expense.
7. Right to inspect and copy the participant's case record. A participant's review of the participant's case record shall be recorded in the case record. Any denial of the participant's right to review the participant's record shall be recorded in the participant's record, together with the reasons for denial of the review. By policy the program may permit the withholding from the participant all or part of the participant's record if: withholding is necessary to protect the confidentiality of other sources of information; it is determined that the information requested may result in harm to the physical or mental health of the participant or another person; the consent was not given freely, voluntarily, and without coercion; or granting the request will cause substantial harm to the relationship between the participant and the certified program or to the program's capacity to provide services in general.
8. Waiver of rights. A participant may waive any of the rights enumerated in subsection "(2)" of this Section if the waiver is given voluntarily and knowingly. Any waiver shall be in writing and documented in the participant's record.
9. Investigation participant rights. A procedure for the review, determination, and amelioration of instances of alleged violations of a participant's rights shall be established by policy in accordance with the following: (A) Cases of alleged violation of a participant's rights are investigated through the use of the established mechanism. (B) The results of the investigation of cases of alleged violation of a participant's rights are entered in the participant's record and the personnel file of the staff members involved.
Confidentiality of Alcohol and Drug Abuse Patient Records
Federal law, specifically 42 U.S.C. 290dd-3 for federal laws and 42 CFR part 2 for federal regulations, protect the confidentiality of substance use disorder patient records: Generally, the program may not say to a person outside the program that a patient attends the program, or disclose any information identifying a patient the disclosure is allowed by a court order; OR (3) the disclosure is made to medical personnel in a medical emergency, or to qualified personnel for research, audit, or program evaluation; OR (4) the patient commits or threatens to commit a crime either at the program or against any person who works for a program. OR (5) the disclosure involves any information about suspected child abuse or neglect from being reported under state law to appropriate state or local authorities.
Violation of the federal law and regulations by a program is a crime. Suspected violations may be reported to the United States Attorney in the district where the violation occurs.
U.S. Attorney, Northern District of Indiana 3128 Federal Building 1300 South Harrison Street Fort Wayne, Indiana 46802 260-422-2595
Upon request, patients who have consented to disclose their patient identifying information using a general designation pursuant to 2.31(a4iiiB3) must be provided a list of entities to which their information has been disclosed pursuant to the general designation. Patient's requests: (1) must be made in writing; (2) are limited to disclosures made within the past two years. The program must: (1) respond in 30 or fewer days of receipt of the written request; and (2) provide, for each disclosure, the name(s) of the entity(ies) to which the disclosure was made, the date of the disclosure, and a brief description of the patient identifying information disclosed.
I understand and agree that I am subject to assessment under the Indiana Risk Assessment System as a condition of my participation in Noble County Court Services and/or Noble County Problem-Solving Court. I hereby authorize staff to enter the results of the assessments conducted during my participation in Noble County Court Services and/or Noble County Problem-Solving Court in the Indiana Risk Assessment System database. I understand that the results of the assessments conducted during my participation in Noble County Court Services and/or Noble County Problem-Solving Court are accessible by any authorized Indiana Risk Assessment System database user in connection with his or her official duties.