§ 7104 - Disposition
§ 7104. Disposition
(a) The youth court shall conduct a hearing to determine the appropriate disposition for matters referred to it. Disposition alternatives include:
(1) specified community service;
(2) payment of restitution in an amount not to exceed the amount of property damage caused by the child and which shall not exceed the amount the child can or will be able to pay;
(3) a recommendation for participation in counseling or programs as appropriate.
(b) The recommended disposition of the youth court may be signed by the child and if signed shall constitute the court diversion contract for that child, subject to subsection (c) of this section.
(c) Court diversion shall review the disposition of the youth court. The child may be present at the time of the review or may supply written information to court diversion. Court diversion may accept, reject, or modify the recommendation and create a new court diversion contract, if it appears to court diversion that the disposition is inappropriate under the circumstances, or it may send the matter back to the youth court for reconsideration. In no instance, however, may court diversion create a new diversion contract with terms more onerous on the child than recommended by the youth court, except that court diversion may require a child to participate in counseling or other programs pursuant to a recommendation of the youth court or upon its own determination that counseling or programs are appropriate. The child may agree to any altered or substituted disposition that is issued by court diversion or the youth court.
(d) Refusal of a child to sign the approved disposition or failure of a child to abide by the conditions of the contract shall result in termination of that child from court diversion and referral of the matter to the Windsor county state's attorney.
(e) Upon the successful completion of the contract, court diversion shall notify the Windsor county state's attorney who shall, in turn, dismiss the charges against the child. (Added 1995, No. 18, § 1.)