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Rule 16 Transfer of delinquencycase.

(a)Transfer of delinquency case for preliminary inquiry.

(1) Whena minor resides in a county within the state other than the county in whichthe alleged delinquency occurred, and it appears that the minor qualifies fora nonjudicial adjustment pursuant to statute, the intake probation officer ofthe county of occurrence shall, unless otherwise directed by court order,transfer the referral to the county of residence for a preliminary inquiryto be conducted in accordance with Rule 15. If any of the followingcircumstances are found to exist at the time of preliminary inquiry, thereferral shall be transferred back to the county of occurrence for filing of apetition and further proceedings:

 (A)  a minor, the child or the child?s parent, guardian or custodiancannot be located or failed to appear after notice for the preliminaryinquiry;

(B) a minor, the child or the child?s parent, guardian or custodian declines anoffer for a nonjudicial adjustment;

(C) a minor or the minor?s custodian cannot be located or fails to appear afternotice for the preliminary inquiry or the minor declines an offer for anonjudicial adjustment;

(D)there are circumstances in the case that require adjudication in the county of occurrencein the interest of justice; or

)(E) thereare multiple minors involved who live in different counties.

(b) Ifthe referral is not returned to the county of occurrence, a petition may befiled in the

countyof residence, and the arraignment and all further proceedings may be conductedin that

countyif the petition is admitted.

(c) After the filing of a petition alleging a delinquency or criminal action, the court may transfer the case to thedistrict where the minorresides or the district where the violation of law or ordinance is alleged tohave occurred. The courtmay, in its discretion, after adjudication certify the case for disposition tothe court of the district in which the minor resides.

(d) Thetransferring or certifying court shall notify the receiving court and transmitall documents and legal and social records, or certified copies thereof, to the receiving court. Thereceiving court shall proceed with the case as if the petition had been originally filed or the adjudicationhad been originally made inthat court.

(e)The dismissal of a petition in one district where the dismissal is withoutprejudice and where there has been no adjudication upon the merits shall notpreclude refiling within the same district or another district where venue isproper.

Effective September 1, 2021