Rule 16. Transfer of delinquency case for preliminary inquiry.
(a) When a minor resides in a county within the state other thanthe county in which the alleged delinquency occurred, and it appears that theminor qualifies for a nonjudicial adjustment pursuantto statute, the intake probation officer of the county of occurrence shall,unless otherwise directed by court order, transfer the referral to the countyof residence for a preliminary inquiry to be conducted in accordance with Rule15. If any of the following circumstances are found to exist at the time ofpreliminary inquiry, the referral shall be transferred back to the county ofoccurrence for filing of a petition and further proceedings:
(a)(1) if a minor, the child or thechild?s parent, guardian or custodian cannot be located or failed to appearafter notice for the preliminary inquiry;
(a)(2) if a minor, the child or thechild?s parent, guardian or custodian declines an offer for a nonjudicialadjustment;
(a)(3) if a minor or the minor?s custodiancannot be located or fails to appear after notice for the preliminary inquiryor the minor declines an offer for a nonjudicial adjustment;
(a)(4) there are circumstances in thecase that require adjudication in the county of occurrence in the interest ofjustice; or
(a)(5) there are multiple minors involvedwho live in different counties.
(b) If the referral is not returned to the county of occurrence, apetition may be filed in the county of residence, and the arraignment and allfurther proceedings may be conducted in that county if the petition isadmitted.
Effective Date: May 1, 2018