Tribe: Pueblo of Laguna
Section 7-2-332. Informal adjustment conference by juvenile probation officer.
A. Preliminary investigation. During the course of the preliminary investigation to determine what further action shall be taken, the juvenile probation officer shall confer with others, including the school, the child and the child’s parent, guardian, or custodian, for the purpose of rendering adjustments or agreements that make the filing of the petition unnecessary. The juvenile probation officer shall consider the following factors in determining whether to proceed informally or to file a petition:
(1) Nature and seriousness of the offense;
(2) Previous number of contacts with the police, school truancy officials, juvenile probation officer or the court;
(3) Age and maturity of the child;
(4) Attitude of the child regarding the offense;
(5) Willingness of the child to participate in a voluntary program;
(6) Participation and input from the child’s parent, guardian or custodian.
B. Informal adjustment conference with parents and juvenile probation officer. After conducting a preliminary investigation, the juvenile probation officer shall hold an informal adjustment conference with the child and the child’s parent, guardian or custodian to discuss alternative courses of action in the particular case. The juvenile probation officer shall inform the child and parent, guardian or custodian of the following:
(1) The juvenile probation officer shall inform the child, the child’s parent, guardian or custodian of their basic rights under this Code.
(2) Statements made by the child at the informal conference shall not be used against the child in determining the truth of the allegations in the petition.
(3) The child shall be permitted to be represented by counsel at the informal conference.
(4) Upon the basis of the information obtained during the preliminary investigation, the juvenile probation officer may enter into a written agreement with the child and the child’s parent, guardian or custodian specifying particular conditions to be observed during an informal adjustment period, not to exceed six (6) months.
(5) The child and the child’s parent, guardian or custodian shall enter into the agreement with the knowledge that consent is voluntary and that they may terminate the adjustment process at any time and petition the court for a hearing in the case.
(6) The child shall undergo any assessment (mental or physical or both) that is related to the charge that brought them before the Children’s Court if they agree to an informal adjustment conference.
(7) Upon the successful completion of the informal adjustment agreement, the case shall be closed and no further action taken in the case.
(8) If the child fails to successfully complete the terms of the informal adjustment agreement, the juvenile probation officer may recommend that a petition be filed in the case under section 7-2-333.
C. Child’s right to deny informal adjustment conference. If the child does not desire to participate voluntarily in an informal adjustment program, the juvenile probation officer shall recommend that the juvenile prosecutor file a petition under section 7-2-333 of this Code.