Tribe: Nottawaseppi Huron Band of the Potawatomi
§ 7.3-25Juveniles’ rights in diversion.
A juvenile suspected of kyé batze shall be entitled to the following throughout the diversion process:
A.
The conference to consider alternatives to the filing of a petition with the court or to consider alternatives to the authorization of a petition shall not be held until after the questioning, if any, of the minor has been completed or after an investigation has been made concerning the alleged offense. Mention of, or promises concerning, diversion shall not be made by a law enforcement official or court intake worker in the presence of the minor, or the minor’s parent, guardian, or custodian, during any questioning of the minor. Information divulged by the minor during the conference or after the diversion is agreed to, but before a petition is filed with the court or has been authorized, shall not be used against the minor.
B.
If a conference held under this section results in diversion that imposes conditions on the minor and that will prevent the filing of a petition with the court or the authorization of a petition, the terms of the diversion agreement shall be set forth in writing, dated, and signed by a CIT member, Tribal Juvenile Probation Officer, the Peacekeeping Coordinator, or the Presenting Officer; the minor, and the minor’s parent, guardian, or custodian.
C.
If there is a decision to divert the minor accused of kyé batze through either a case plan or peacekeeping services, the CIT, the Tribal Juvenile Probation Officer, the Peacemaker Coordinator, or the Presenting Officer may hold an informal conference with the juvenile and the juvenile’s parent(s), guardian or custodian to discuss alternatives to the filing or authorizing of a petition if:
(1)
The facts bring the case within the jurisdiction of the Court;
(2)
A diversion of the matter would be in the best interests of the juvenile and the Tribe; and
(3)
The juvenile’s parent(s), guardian or custodian voluntarily consent to the diversion conference after they have received an explanation of their rights, including:
(a)
The right to decline diversion or Peacekeeping services;
(b)
The alternative referral programs available and the criteria utilized to determine whether to file a petition with the Court or to dispose of the petition with a referral; and
(c)
That if diversion is agreed to and the minor complies with the terms of the diversion agreement, a petition cannot be filed or authorized with the Court.
D.
This section does not authorize the CIT, the Tribal Juvenile Probation Officer, the Peacekeeping Coordinator, or the Presenting Officer to compel involuntary action of the parties involved.
E.
The CIT designee or Assessor shall set forth in writing the conference findings and the disposition agreed to by the parties.
F.
Upon successful completion of the diversion, the Presenting Officer will be notified and no further action will be required.
G.
If a conference is held under this section and an agreement is not reached, a petition may be filed or authorized with the Court as provided by this chapter. If an agreement is not reached and a petition is to be filed, the petition shall be filed with the Court not later than thirty (30) calendar days after the conference.
H.
If the minor fails to substantially comply with the terms of the diversion agreement and the referral plan, the diversion agreement may be revoked. If the diversion agreement is revoked, a petition may be filed or authorized with the Court as provided by this chapter.