722.825 Conference; notice; time; prohibitions; diversion agreement; filing petition; noncompliance with terms of agreement or plan.

632 words·~3 min read·/mi/chapter-722/722-825

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Sec. 5.

(1)If a decision is made to divert a minor with a referral under section 3(1)(b), a conference with the minor and the minor's parent, guardian, or custodian must be held to consider alternatives to the filing of a petition with the court or to the authorization of a petition. The law enforcement official or court intake worker shall notify the minor and the minor's parent, guardian, or custodian of the proposed conference and shall inform the minor, and the minor's parent, guardian, or custodian of all of the following:

(a)That participation in the conference or resulting referral plan is voluntary.

(b)That an attorney may accompany the minor and the minor's parent, guardian, or custodian at the conference.

(c)The alternative referral programs available and the criteria utilized to determine whether to file a petition with the court or to dispose of the petition with a referral.

(d)That if diversion is agreed to and the minor complies with the terms of the diversion agreement and the referral plan, a petition cannot be filed with the court, or if a petition has been filed, the petition cannot be authorized.

(2)The conference to consider alternatives to the filing of a petition with the court or to consider alternatives to the authorization of a petition must not be held until after the questioning, if any, of the minor has been completed or after an investigation has been made concerning the alleged offense. Mention of, or promises concerning, diversion must not be made by a law enforcement official or court intake worker in the presence of the minor or the minor's parent, guardian, or custodian during any questioning of the minor. Information divulged by the minor during the conference or after the diversion is agreed to, but before a petition is filed with the court or has been authorized, must not be used against the minor.

(3)If a conference held under this section results in diversion that imposes conditions on the minor and that will prevent the filing of a petition with the court or the authorization of a petition, the terms of the diversion agreement must be set forth in writing, dated, and signed by the law enforcement official or court intake worker, the minor, and the minor's parent, guardian, or custodian. The time period for a minor to complete the terms of a diversion agreement must not exceed 3 months, unless the law enforcement official or court intake worker determines that a longer period is needed for the minor to complete a specific treatment program and documents this determination as required under section 6. The diversion agreement must not include a term requiring the reimbursement of costs related to diversion services.

(4)If a conference is held under this section and an agreement under subsection

(3)is not reached, a petition may be filed with the court as provided by law and a petition may be authorized as provided by law. If an agreement under subsection

(3)is not reached and a petition is to be filed, the petition must be filed with the court not later than 30 days after the conference.

(5)If the minor fails to comply with the terms of the diversion agreement and the referral plan, the law enforcement official or the court intake worker may revoke the diversion agreement. If the diversion agreement is revoked, a petition may be filed with the court as provided by law and a petition may be authorized as provided by law.

History: 1988, Act 13, Eff. Apr. 1, 1988 ;-- Am. 1996, Act 137 , Eff. May 1, 1996 ;-- Am. 2023, Act 288 , Eff. Oct. 1, 2024