Tribe: Puyallup Tribe of the Puyallup Reservation
7.20.190 Informal diversion conference.
(a) During the course of the preliminary investigation to determine what further action should be taken, the Juvenile Probation Officer or Presenting Officer shall attempt to confer with the child and the child’s parent(s), guardian or custodian for the purpose of drafting an informal diversion plan or other such agreement that would make the filing of the petition unnecessary.
(b) The Juvenile Probation Officer or Presenting Officer shall consider the following factors in determining whether to proceed informally or to file a formal petition:
(1) Nature and seriousness of the offense;
(2) Previous number of contacts with Police, 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; and
(6) Participation and input of the child’s parent(s), guardian or custodian.
(c) Informal Conference.
(1) After conducting the preliminary investigation, the Probation Officer or Presenting Officer shall attempt to hold an informal conference with the child and child’s parent(s), guardian or custodian to discuss an alternative course of action in the particular case.
(2) The Probation Officer or Presenting Officer shall inform the child, and the child’s parent(s), guardian or custodian, of their basic rights under PTC 7.20.080. 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 parent(s), guardian or custodian, specifying particular conditions to be observed during the informal diversion period, not to exceed six months. The child and the child’s parent(s), guardian or custodian shall enter into the agreement with the knowledge that consent is voluntary and that they may terminate the diversion 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 pursuant to PTC 7.20.220.
(6) Upon successful completion of the informal diversion 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 diversion agreement, the Presenting Officer may file a petition in the case pursuant to PTC 7.20.220. [Res. 180599G (05/18/99); prior code § 7.05.415]