Rule 15. Preliminary inquiry; informal adjustment withoutpetition.
(a) If the minor qualifies for a nonjudicialadjustment pursuant to statute, the probation intake officer shall offer anonjudicial adjustment to the minor.
(b) If a minor does not qualify for a nonjudicialadjustment, the probation intake officer may conduct one or more interviewswith the minor, or if a child, then with the child and at least one of thechild?s parent, guardian or custodian and may invite the referring party andthe victim, if any, to attend or otherwise seek further information from them.Attendance at any such interview shall be voluntary and the probation intakeofficer may not compel the disclosure of any information or the visiting of anyplace.
(c) In any such interview, the minor, or if a child, then thechild and the child?s parent, guardian or custodian must be advised that theinterview is voluntary, that they have a right to have counsel present torepresent the minor, that the minor has the right not to disclose anyinformation, and that any information disclosed that could tend to incriminatethe minor cannot be used against the minor in court to prove whether the minorcommitted the offense alleged in the referral.
(d) If the probation intake officer concludes on the basis of thepreliminary inquiry that nonjudicial adjustment is appropriate and isauthorized 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 proposednonjudicial adjustment.
(e) If an agreement is reached and the terms and conditions agreedupon are satisfactorily complied with by the minor, or if a child, then withthe child and the child?s parent, guardian or custodian, the case shall beclosed without petition. Such resolution of the case shall not be deemed anadjudication of jurisdiction of the court and shall not constitute an officialrecord of juvenile court action or disposition. A nonjudicial adjustment may beconsidered by the probation intake officer in a subsequent preliminary inquiryand by the court for purposes of disposition only following adjudication of asubsequent delinquency involving the same minor.
(f) Attempts to effect nonjudicialadjustment of a case shall not extend beyond 90 days without authorization bythe court, and then for no more than an additional 90 days.
Effective Date:? May 1, 2018