Section 169-D:9 Diversion.
I. At any time before or during a proceeding brought pursuant to this chapter, a child and the child's family may be referred to a court-approved diversion program or other community resource. Referral may be made by a law enforcement agency or juvenile probation and parole officer prior to or after filing a petition with the court, upon the court's own motion, or at the request of any party with the approval of the court. When the arresting or prosecuting agency, or juvenile probation and parole officer suspects that a child has a disability, an administrator at the responsible school district shall be notified. If appropriate, the school district shall refer the child for evaluation to determine if the child is in need of special education and related services. The administrative judge of the district court shall have authority to approve diversion procedures for use by the courts in all juvenile matters throughout the state.
II. Referral after filing is appropriate if:
(a) The facts bring the case within the jurisdiction of the court.
(b) Referral of the case is in the best interest of the public and the child.
(c) The child and parent, guardian or other custodian consent with the knowledge that consent is not obligatory.
III. Referral after filing shall stay the proceedings for a period not to exceed 3 months from the date of referral, unless extended by the court for an additional period not to exceed 3 months and does not authorize the detention of the child, and the court may, on its own motion or that of any party, designate or utilize a multi-disciplinary team to consider the facts and circumstances of the case, the needs of the child and family, and available services and resources.
IV. During the period of referral, the court may require further conditions of conduct on the part of the child and the child's parents.
Source. 1979, 361:2. 1999, 266:6. 2000, 294:9, eff. July 1, 2000. 2008, 274:12, eff. July 1, 2008.