Voluntary Diversionary Program for Parents in Dependency/Neglect Cases

Title 14 § 14-105(b)(2)

Tribe: Keweenaw Bay Indian Community

Sec. 14-105. Investigation by TSS caseworker; recommendations.
(a)
(b) In every case where a petition alleging dependency or neglect shall be filed, the TSS caseworker shall make an investigation to determine whether the interests of the Juvenile and his parents, Guardian, or Custodian require that further action be taken subsequent to the preliminary inquiry. Such investigation shall be conducted informally, shall not be conducted in any fashion which would violate the rights of any parties, shall respect the right to privacy of the Juvenile and his family, yet shall involve communications with the Juvenile, his family, and other persons having knowledge of the family’s background, present circumstances, and future plans; and shall result in no matters related to the counselor in confidence being made public. Upon completion of his investigation, the TSS caseworker may recommend to the court:
(1) That the petition be dismissed without further proceedings;
(2) That, based upon the agreement of the Juvenile’s parents, Guardian, or Custodian to faithfully participate in a voluntary diversionary program, the petition be held in abeyance for a specified period of time;
(3) That the petition previously filed be amended; or
(4) That proceedings upon the petition as filed continue.

Acceptance of the TSS caseworker’s recommendations shall be discretionary with the court, however, after consideration of such report and recommendations, the court shall enter an order setting forth the court’s decision as to how the matter shall proceed.

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