Toestablish the duties, responsibilities and authority of the probation officerduring the intake process.
Thisrule shall apply to probation officers in the Juvenile Court.
Statementof the Rule:
(1)Definition. Intake is defined as the process undertaken by the probationdepartment from the time a referral is received until final disposition. Intakemay include a review of the written referral, an initial interview and adetermination regarding disposition of the referral.
(2)Review of written referral.
(2)(A)The probation department shall conduct a thorough review of the writtenreferral to determine whether the facts, as alleged, would bring the minorwithin the court's jurisdiction. The probation department may be guided by thecounty attorney and may consult with the county attorney in any case.
(2)(B)If the alleged facts would not bring the minor within the court's jurisdiction,the complainant shall be so informed and no further action shall be taken.
(2)(C)If the minor appears to be within the court's jurisdiction, the probationdepartment shall continue with the preliminary inquiry to determine whether theminor's or the public's interest requires that further action be taken.
(3)Preliminary inquiry. The probation officer may hold an initial interview withthe minor and parent, guardian or custodian. No person shall be ordered toattend this initial interview. At the interview, all identifying informationshall be reviewed for accuracy and the minor's age verified to insurejurisdiction. The probation officer shall advise the parties of the following:
(3)(A)That the probation officer has no judicial authority and that the preliminaryinquiry is not a court hearing.
(3)(B)That the purpose of the preliminary inquiry is to determine whether furthercourt action is necessary or whether the matter can be closed without filing apetition.
(3)(C)That the minor and at least one parent/guardian or custodian must be present.
(3)(D)That the interview is voluntary.
(3)(E)That the parties may be represented by counsel.
(3)(F)That the nature of the alleged offense and the age of the minor appear to givethe court jurisdiction to act.
(4)Determination. After reviewing the written referral or after the preliminary inquiry,the probation officer shall determine whether to close the referral with nofurther action, attempt a non-judicial adjustment or direct the filing of apetition.
(4)(A)No action closure. The probation officer has discretion to close out the referraland take no further action based upon the following factors:
(4)(A)(i)inability to locate the child or the family;
(4)(A)(ii)lack of prosecutorial merit as determined by the county attorney; or
(4)(A)(iii)other extraordinary circumstances.
(4)(B)(i)The probation officer has discretion to attempt non-judicial adjustment of acase based upon the following factors:
(4)(B)(i)(a)The severity of the offense(s).
(4)(B)(i)(b)Restitution made or planned where damage to persons or property resulted fromthe offense.
(4)(B)(i)(c)Minor's prior court referral history.
(4)(B)(i)(d)Minor's attitude toward the offense(s).
(4)(B)(i)(e)Parent's ability to control the minor.
(4)(B)(i)(f)Previous family involvement with court or social service agencies.
(4)(B)(i)(g)Minor's school or employment situation.
(4)(B)(i)(h)Other relevant information concerning the offense or the minor.
(4)(B)(ii)As the attempt toward non-judicial adjustment begins, the probation officershall advise the parties of the following:
(4)(B)(ii)(a)That a petition may still be filed.
(4)(B)(ii)(b)That information obtained in the preliminary inquiry shall not be admissible inan adjudicatory proceeding.
(4)(B)(ii)(c)That they may withdraw from the non-judicial adjustment process at any time,but formal court action may result.
(4)(B)(ii)(d)That conditions may be agreed upon as part of the non-judicial closure whichmay include:
(4)(B)(ii)(d)(1)Payment of a fixed sum to the Court.
(4)(B)(ii)(d)(2)Payment of restitution to the victim.
(4)(B)(ii)(d)(3)Satisfactory completion of compensatory service work hours.
(4)(B)(ii)(d)(4)Compliance with specified restrictions on activities and associations.
(4)(B)(ii)(d)(5)Attendance at substance abuse programs, counseling or other short-termprograms.
(4)(B)(ii)(d)(6)Any appropriate combination of the above.
(4)(B)(ii)(e)That a written report of the preliminary inquiry shall be placed in the file.
(4)(B)(iii)The probation officer may enter a non-judicial adjustment if:
(4)(B)(iii)(a)Prima facie jurisdiction is established.
(4)(B)(iii)(b)The minor admits to the facts alleged in the referral.
(4)(B)(iii)(c)The minor and the parent/guardian or custodian consent to the non-judicialadjustment.
(4)(B)(iii)(d)In the judgment of the probation officer, a non-judicial adjustment is in thebest interest of the public and the minor.
(4)(B)(iii)(e)Conditions that have been agreed upon as part of the adjustment are in writingand agreed to and signed by the juvenile and parent/guardian or custodian.
(4)(B)(iv)All sums collected under paragraph (ii)(d)(1) above for accounting purposesshall be treated as fines and shall be assessed in accordance with a scheduleapproved by the Council.
(4)(B)(v)A "Non-Judicial Adjustment Agreement" shall be prepared on formsapproved by Juvenile Court staff in accordance with this Code and shall besigned by the juvenile, the parent/guardian or custodian, and the assignedcourt officer. The agreement shall reflect the terms and conditions agreed uponand shall contain a date certain for completion. The agreement shall alsocontain a statement that failure to comply may result in the filing of apetition and appearance before a judge of the court.
(4)(B)(vi)Conditions of Non-Judicial Adjustment:
(4)(B)(vi)(a)A probation officer shall not attempt non-judicial adjustment in cases wherethe minor has a referral history of felony offenses or the minor is alleged tohave committed a felony level offense in the present case, or the minor'shistory contains more than four misdemeanors committed in at least two separatedelinquency episodes and the offense in the present case is a repeat offense.
(4)(B)(vi)(b)Intake supervisors within a district may authorize attempted non-judicialadjustment of cases otherwise precluded by paragraph (a) above in highlyexceptional circumstances including but not limited to cases involving children11 years of age and younger. Under no circumstances will non-judicialadjustment be attempted with referrals which allege offenses which if committedby adults would be capital or first degree felonies or for motor vehiclerelated offenses involving alcohol or drugs.
(4)(C)Filing of a petition. The probation officer shall direct the filing of apetition if:
(4)(C)(i)the minor denies the charge;
(4)(C)(ii)no action closure or non-judicial closure is inappropriate; or
(4)(C)(iii)the minor's or the public interest requires that a petition be filed.