Tribe: Confederated Tribes of the Umatilla Indian Reservation
SECTION 8.02. INFORMAL DIVERSION CONFERENCES
A. The Juvenile Delinquency Coordinator may invite the juvenile and the juvenile’s parent(s), guardian, or custodian to attend an informal diversion conference to consider alternatives to formal Juvenile Court proceedings if:
1. The alleged facts, if true, would bring the matter within the jurisdiction of the Juvenile Court;
2. An informal disposition of the matter would be in the best interest of the juvenile and the Confederated Tribes; and
3. The juvenile and the juvenile’s parent(s), guardian, or custodian voluntarily consent to an informal disposition of the matter. If the juvenile and the juvenile’s parent(s), guardian, or custodian do not consent to an informal disposition of the matter, the Juvenile Delinquency Coordinator shall refer the matter to the Prosecutor to initiate formal Juvenile Court proceedings.
B. Before the parties may agree to an informal disposition of the matter, the juvenile shall admit the allegations and explain the circumstances surrounding the offense in the juvenile’s own words. If the parties cannot reach an informal agreement, statements made by the juvenile in the informal diversion conference shall not be used against the juvenile in Juvenile Court.
C. If an agreement is reached by the parties at the informal diversion conference, the specific details of the agreement regarding the sanctions, services, programs, or activities that will be required of the juvenile and the juvenile’s parent(s), guardian, or custodian shall be written down and signed by all parties to the agreement. The services, programs, or activities required shall not exceed six (6) months in duration. The Juvenile Delinquency Coordinator shall monitor the progress of the juvenile and the juvenile’s parent(s), guardian, or custodian, and their compliance with the terms of the informal diversion agreement. If the juvenile and the juvenile’s parent(s), guardian, or custodian comply with all of the terms of the informal diversion agreement, the matter shall be dropped and no further action shall be taken.
D. If the juvenile or the juvenile’s parent(s), guardian, or custodian fails to comply with any of the terms of the informal diversion agreement, the Juvenile Delinquency Coordinator shall hold another informal diversion conference or shall refer the matter to the Prosecutor to initiate formal Juvenile Court proceedings.
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