Tribe: Pascua Yaqui Tribe of Arizona
Section 120 Informal Adjustment (5 PYTC § 7-120)
(A) During the course of the preliminary investigation to determine what further action shall be taken, the juvenile counselor and presenting officer shall confer with the child and the child’s parents for the purpose of effecting adjustments or agreements that make the filing of the petition unnecessary.
(B) The presenting 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 police, juvenile counsel 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 of the child’s parents.
(C) Informal Conference.
(1) After conducting the preliminary investigation, the presenting officer shall hold an informal conference with the child and the child’s parents, guardian or custodian to discuss alternative courses of action in the particular case.
(2) The presenting officer shall inform the child, the child’s parents, guardian or custodian, of their basic rights under 3 PYT R.Juv.P. Rule 20. 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) At the informal conference upon the basis of information obtained during the preliminary investigations, the presenting officer may enter into a written agreement with the child and the child’s parents, guardian or custodian, specifying particular conditions to be observed during the informal adjustment period, not to exceed six months. The child and the child’s parents, 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 on the case.
(4) The child is permitted to be represented by counsel at the informal conference.
(5) If the child does not desire to participate voluntarily in a diversion program, the presenting officer shall file a petition under 3 PYT R.Juv.P. Rule 50.
(6) Upon successful completion of the informal adjustment agreement, the case shall be closed with no further action taken in the case.
(7) If the child fails to complete the terms of his informal adjustment agreement, the presenting officer may file a petition in the case under 3 PYT R.Juv.P. Rule 50.