Integrated Treatment Guide
Co-Occurring Mental Health and Substance Use Disorders in Court-Linked Treatment
Co-occurring disorders generally means a person has both a mental-health disorder and a substance-use disorder. There is no single nationwide court called a Co-Occurring Disorders Court. These needs can come up in many kinds of court-linked care.
Quick answer
What Are Co-Occurring Disorders in Court Treatment?
- Co-occurring disorders generally refers to having both a mental-health disorder and a substance-use disorder.
- There is no single nationwide court called a Co-Occurring Disorders Court.
- These needs may arise in mental health diversion, treatment courts, drug courts, probation treatment, community supervision or other court-linked care.
- Co-occurring conditions do not automatically establish legal eligibility for any program.
Integrated view
Co-Occurring Conditions Require an Integrated Clinical View
Flow from mental health and substance use needs to comprehensive assessment, interaction, plan, reassessment and progress information.
Mental health needs + substance use needs
Comprehensive assessment
How the conditions interact
Individualized treatment plan
Ongoing reassessment
Authorized progress information
Where appropriate
Definition
What Co-Occurring Disorders Means
SAMHSA describes co-occurring disorders as having both a mental-health condition and a substance-use condition at the same time. Diagnosis must come from a qualified clinician.
Settings
Where These Needs May Come Up
There is no universal co-occurring court. These needs may come up in Mental Health Diversion, drug or treatment courts, probation treatment and community supervision. See Drug Court Evaluation.
Clinical
Integrated Assessment and Planning
Qualified clinicians look at how both conditions interact. Frameworks like The ASAM Criteria help match level of care. See ASAM Levels of Care, Mental Health Evaluation and Treatment Plan for Court.
Legal
Clinical Need Is Not Legal Eligibility
Co-occurring conditions do not automatically establish PC §1001.36 eligibility, drug court eligibility, diversion suitability, probation eligibility or a reduced sentence. Those are separate legal questions for counsel and the court.
Privacy
Sharing Clinical Information
Share only what is relevant, with authorization. 42 CFR Part 2 applies to certain substance-use disorder programs, and HIPAA to covered entities.
Legal note
Eligibility for any court program is a legal question. Counsel advises; the court decides.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS can coordinate qualified providers, treatment scheduling and authorized records. ETS does not independently diagnose and does not decide legal eligibility.
Responsibilities
Who Does What?
Treatment provider
Assesses, diagnoses where qualified and treats.
Defense counsel
Handles legal eligibility questions.
Court
Decides program eligibility and conditions.
ETS
Coordinates providers and records.
Questions
Co-Occurring Disorders and Court: Frequently Asked Questions
Sources & Legal References
Confidential consultation
Coordinate Integrated Care
ETS can coordinate qualified providers and records while counsel handles legal questions.
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