| | |
juvenile and the juvenile's parents, guardian or legal | | custodian if the juvenile is not emancipated, the juvenile | | caseworker may refer the juvenile for that care and treatment | | and not request that a petition be filed; |
|
| | | B. Make whatever informal adjustment is practicable without | | a petition. The juvenile caseworker may effect whatever | | informal adjustment is agreed to by the juvenile and the | | juvenile's parents, guardian or legal custodian if the | | juvenile is not emancipated, including a restitution | | contract with the victim of the crime and the performance of | | community service. Informal adjustments may extend no longer | | than 6 months and may not be commenced unless: |
|
| | | (1) The juvenile caseworker determines that the juvenile | | and the juvenile's parents, guardian or legal | | custodian, if the juvenile is not emancipated, were | | advised of their constitutional rights, including the | | right to an adjudicatory hearing, the right to be | | represented by counsel and the right to have counsel | | appointed by the court if indigent; |
|
| | | (2) The facts establish prima facie jurisdiction, except | | that any admission made in connection with this | | informal adjustment may not be used in evidence against | | the juvenile if a petition based on the same facts is | | later filed; and |
|
| | | (3) Written consent to the informal adjustment is obtained | | from the juvenile and the juvenile's parents, guardian | | or legal custodian if the juvenile is not emancipated; | | or |
|
| | | C. If the juvenile caseworker determines that the facts are | | sufficient for the filing of a petition, the juvenile | | caseworker may request the prosecuting attorney to file a | | petition. If this alternative is chosen, the juvenile | | caseworker shall issue and may serve a summons in accordance | | with section 3304. If the juvenile caseworker does not make | | service before requesting the prosecuting attorney to file a | | petition, the juvenile caseworker shall request a law | | enforcement officer to serve the summons in accordance with | | section 3304. |
|
| | | This bill requires the Department of Corrections to provide a | | juvenile with an assessment evaluation as soon as a juvenile | | caseworker receives notice of the juvenile's arrest. The purpose |
|
|