Tribe: Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians
4-2-11(b) Informal Adjustment
(1) During the course of the preliminary investigation to determine what further action shall be taken, the juvenile counselor shall confer with the child and the child’s parent, guardian or custodian for the purpose of effecting adjustments or agreements that make the filing of the petition unnecessary.
(2) The juvenile counselor shall consider the following factors in determining whether to proceed informally or to file a petition:
(A) nature and seriousness of the offense;
(B) previous number of contacts with the police, juvenile counselor or the Court;
(C) age and maturity of the child;
(D) attitude of the child regarding the offense;
(E) willingness of the child to participate in a voluntary program, and;
(F) participation and input from the child’s parent, guardian or custodian.
4-2-11(c) Informal Conference
(1) After conducting a preliminary investigation, the juvenile counselor shall hold an informal conference with the child and the child’s parent, guardian or custodian to discuss alternative courses of action in the particular case.
(2) Notice of the informal conference shall be given to the child and the child’s parent, guardian or custodian and their counsel as soon as the time for the conference has been established. This Section does not authorize the Juvenile Court Counselor to compel any person to appear at any conference, to produce any papers or to visit any place.
(3) The juvenile counselor shall inform the child, and the child’s parent, guardian or custodian of their basic rights under section 4-2-8 of this Code. 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.
(4) At the informal conference, upon the basis of the information obtained during the preliminary investigation, the juvenile counselor may:
(A) suggest a peacegiving session to the child and the parent, guardian or custodian;
(B) refer the child and the parent, guardian or custodian to a community agency for services or other assistance;
(C) secure the informal agreement of the child and his parent(s), guardian or custodian, to be approved by the Juvenile Court, to terms of supervision of the child calculated to assist and benefit the child, provide restitution acceptable to any person harmed by the conduct of the child, and benefit the Tribes which regulate the child’s activities and which are within the ability of the child to perform;
(D) accept an offer of restitution if voluntarily made by the child; or
(E) recommend the filing of a petition.
(5) The child shall be permitted to be represented by counsel at the informal conference.
(6) If the child does not desire to participate voluntarily in a diversion program, or in a Peacegiving session, the juvenile counselor shall recommend that the juvenile presenter file a petition under section 4-2-11(d) of this Code.
(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 his informal adjustment agreement, the juvenile counselor may recommend that a petition be filed in the case under section 4-2-11(d) of this Code.
(9) No statement made during the informal conference may be admitted into evidence at an adjudicatory hearing or any proceeding against the child. Such statements may be used during peacegiving.
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