Rule 15. Preliminary inquiry; informal adjustment without petition.
(a) If the minor qualifies for a nonjudicial adjustment pursuant to statute, the probation intake officer shall offer a nonjudicial adjustment to the minor.
(b) If a minor does not qualify for a nonjudicial adjustment, the probation intake officer may conduct one or more interviews with the minor, or if a child, then with the child and at least one of the child’s parent, guardian or custodian and may invite the referring party and the victim, if any, to attend or otherwise seek further information from them. Attendance at any such interview shall be voluntary and the probation intake officer may not compel the disclosure of any information or the visiting of any place.
(c) In any such interview, the minor, or if a child, then the child and the child’s parent, guardian or custodian must be advised that the interview is voluntary, that they have a right to have counsel present to represent the minor, that the minor has the right not to disclose any information, and that any information disclosed that could tend to incriminate the minor cannot be used against the minor in court to prove whether the minor committed the offense alleged in the referral.
(d) If the probation intake officer concludes on the basis of the preliminary inquiry that nonjudicial adjustment is appropriate and is authorized by law, officer may seek agreement with the minor, or if a child, then with the child and the child’s parent, guardian or custodian to a proposed nonjudicial adjustment.
(e) If an agreement is reached and the terms and conditions agreed upon are satisfactorily complied with by the minor, or if a child, then with the child and the child’s parent, guardian or custodian, the case shall be closed without petition. Such resolution of the case shall not be deemed an adjudication of jurisdiction of the court and shall not constitute an official record of juvenile court action or disposition. A nonjudicial adjustment may be considered by the probation intake officer in a subsequent preliminary inquiry and by the court for purposes of disposition only following adjudication of a subsequent delinquency involving the same minor.
(f) Attempts to effect nonjudicial adjustment of a case shall not extend beyond 90 days without authorization by the court, and then for no more than an additional 90 days.
Effective Date: May 1, 2018