Juvenile Diversion

WISE COUNTY JUSTICE COURT YOUTH DIVERSION PLAN

a.     A case may be diverted for a reasonable period not to exceed 180 days.

b.      A child may enter into a diversion agreement once every 365 days. Thus, a child who has

          entered into a diversion agreement within the prior year is ineligible for diversion.

c.      A child is also not eligible for diversion if:

1. the child has previously had an unsuccessful diversion under Subchapter E or
2. the prosecutor objects to the diversion.

3. Contesting or not contesting the charge.

1.  If the child does not contest the charge, the case will be diverted without the child having to enter a plea.
2. If the child contests the charge, the case proceeds with formal criminal prosecution.

4. Completion of a written diversion agreement.

1. The diversion agreement must identify the parties to the agreement and the responsibilities of the child and parent to ensure their meaningful participation in a diversion, whether intermediate diversion or diversion by judge.
2. Stated objectives in a diversion agreement must be measurable, realistic, and reasonable and consider the circumstances of the child, the best interests of the child, and the long-term safety of the community.
3. A diversion agreement must be in writing and include:
   1. the terms of the agreement, including one or more diversions required to be completed by the child, written in a clear and concise manner and identifying any offense or charge being diverted;
   2. possible outcomes or consequences of a successful diversion and an unsuccessful diversion;
   3. an explanation that participation in a diversion is not an admission of guilt and a guilty plea is not required to participate in a diversion;
   4. the period of the diversion;
   5. a verification that the child and parent were notified of the child’s rights, including the right to refuse diversion; and the child knowingly and voluntarily consents to participate in the diversion; and
   6. a written acknowledgment and acceptance of the agreement by the child and the child’s parent.

6. Provide a copy of the agreement to the child, parent, clerk of the court, youth diversion coordinator, and any person specified by the youth diversion plan.
   1. The fee may not be collected unless specified as a term of the diversion agreement accepted by the child’s parent.
   2. A court shall waive the fee if the parent is indigent or does not have sufficient resources or income to pay the fee.
   3. The clerk of the court shall keep a record of the fees collected under Art. 45.312 and shall forward the funds to the county treasurer or person fulfilling that role, as appropriate.

11. After the hearing, a court may enter an order:
    1. amending or setting aside terms in the diversion agreement;
    2. extending the diversion for a period not to exceed one year from the initial start date of the diversion;
    3. issuing a continuance for the hearing for a period not to exceed 60 days to allow an opportunity for compliance with the terms of the diversion;
    4. Subject to Art. 45.311(d), requiring the parent to perform or refrain from performing any act the court determines will increase the likelihood the child will successfully complete the diversion and comply with any other order of the court that is reasonable and necessary for the welfare of the child;
    5. finding the diversion successful on the basis of substantial compliance; or
    6. finding the diversion unsuccessful and
       1. transferring the child to juvenile court for alleged conduct indicating a need for supervision (CINS) under Section 51.08 of the Family Code; or
       2. referring the charge to the prosecutor for consideration of re-filing.