JUVENILE DIVERSION REQUEST

IN THE [FAMILY/JUVENILE] COURT OF [COUNTY] COUNTY

STATE OF [STATE]

In the Matter of:

[JUVENILE'S INITIALS]

A Minor Child

REQUEST FOR PRE-ADJUDICATION DIVERSION

I. INTRODUCTION AND REQUEST

[JUVENILE INITIALS], through undersigned counsel, respectfully requests that this Court and/or the prosecuting authority approve participation in a diversion program in lieu of formal adjudication. The Juvenile is a [AGE]-year-old [GRADE] grader who is alleged to have committed [OFFENSE]. The Juvenile accepts responsibility for their actions and seeks the opportunity to participate in a restorative, community-based alternative that will address the underlying issues while avoiding the collateral consequences of formal adjudication.

II. JUVENILE INFORMATION

A. Personal Information

B. Family Information

C. Educational Information

III. CURRENT ALLEGATIONS

Alleged Offense(s):

Date of Alleged Offense: [DATE]

Brief Description of Allegations:
[PROVIDE NEUTRAL DESCRIPTION OF ALLEGATIONS]

IV. ELIGIBILITY FOR DIVERSION

A. Statutory/Program Eligibility Criteria

☐ First-time offender or limited prior contacts
☐ Offense is eligible under state/local diversion guidelines
☐ No prior diversion participation (or previous successful completion)
☐ Offense did not involve serious bodily injury
☐ Offense is not a sex offense requiring registration
☐ Offense is not excluded by statute
☐ Juvenile admits responsibility/involvement
☐ Parent/Guardian consents to participation
☐ Victim has been consulted (if applicable)

B. Prior Justice System Contact

V. REASONS SUPPORTING DIVERSION

A. Individual Factors

☐ Age and Maturity: The Juvenile is [AGE] years old and demonstrates [DESCRIBE MATURITY LEVEL].

☐ Acceptance of Responsibility: The Juvenile acknowledges their conduct and expresses genuine remorse.

☐ Family Support: The Juvenile has strong family support to ensure compliance with diversion requirements.
- Parent/Guardian willing to participate: ☐ Yes ☐ No
- Family able to transport to program: ☐ Yes ☐ No
- Family able to pay fees (if any): ☐ Yes ☐ No (request fee waiver)

☐ Educational Investment: The Juvenile is [enrolled in school/performing well academically/involved in extracurriculars].

☐ Mental Health/Substance Factors: The Juvenile would benefit from treatment services available through diversion.

☐ Trauma History: The Juvenile has experienced trauma that would be better addressed through diversion services than formal court processing.

☐ Low Risk Assessment: Risk assessment indicates low likelihood of reoffending.

☐ Amenability to Intervention: The Juvenile is motivated to participate and likely to succeed.

B. Offense Factors

☐ The offense was minor in nature
☐ No weapon was involved
☐ No injury resulted
☐ The offense was situational/out of character
☐ Peer pressure or negative influence was a factor
☐ The juvenile played a minor role
☐ Restitution/repair is possible
☐ Other: [SPECIFY]

C. Victim and Community Considerations

☐ Victim has expressed support for diversion: ☐ Yes ☐ No ☐ Unknown ☐ No identifiable victim

☐ Victim restitution can be addressed through diversion program

☐ Restorative justice options are available and appropriate

☐ Community safety is not compromised by diversion

VI. PROPOSED DIVERSION PLAN

A. Recommended Diversion Program

☐ Juvenile Diversion Program (Court/Probation Administered)
- Program Name: [NAME]
- Location: [ADDRESS]
- Contact: [NAME/PHONE]
- Duration: [LENGTH]

☐ Community-Based Diversion Program
- Program Name: [NAME]
- Provider: [ORGANIZATION]
- Contact: [NAME/PHONE]
- Duration: [LENGTH]

☐ Teen Court/Youth Court
- Location: [ADDRESS]
- Contact: [NAME/PHONE]

☐ Restorative Justice Program
- Program Type: ☐ Victim-Offender Mediation ☐ Family Group Conferencing ☐ Circle Process
- Provider: [ORGANIZATION]
- Contact: [NAME/PHONE]

☐ Mental Health Diversion
- Provider: [ORGANIZATION]
- Contact: [NAME/PHONE]

☐ Substance Abuse Diversion
- Provider: [ORGANIZATION]
- Contact: [NAME/PHONE]

B. Proposed Diversion Conditions

The Juvenile agrees to comply with the following conditions:

Mandatory Conditions:

☐ Maintain law-abiding behavior (no new offenses)
☐ Attend all scheduled program appointments
☐ Comply with all program requirements
☐ Attend school regularly or maintain employment
☐ Obey parents/guardians
☐ Complete program within [TIME PERIOD]

Recommended Additional Conditions:

☐ Community Service: [NUMBER] hours at [LOCATION/TYPE]
☐ Restitution: $[AMOUNT] to [VICTIM/FUND]
☐ Victim Apology Letter: Written apology to victim
☐ Essay/Research Project: On topic of [TOPIC]
☐ Educational Program: [PROGRAM NAME/TOPIC]
☐ Counseling/Therapy: [TYPE] with [PROVIDER]
☐ Substance Abuse Assessment/Treatment: With [PROVIDER]
☐ Mental Health Assessment/Treatment: With [PROVIDER]
☐ Anger Management: [PROGRAM NAME]
☐ Life Skills Program: [PROGRAM NAME]
☐ Curfew: Home by [TIME]
☐ No Contact with: [PERSONS]
☐ Drug/Alcohol Testing: ☐ Random ☐ Scheduled
☐ School Attendance Monitoring: Weekly reports
☐ Other: [SPECIFY]

C. Timeline

VII. FAMILY COMMITMENT

Parent/Guardian Statement:

I/We, the undersigned parent(s)/guardian(s) of [JUVENILE INITIALS], support this request for diversion and commit to:

☐ Ensuring the Juvenile attends all required appointments
☐ Participating in family components of the program as required
☐ Monitoring the Juvenile's compliance with conditions
☐ Communicating with the diversion program staff
☐ Providing transportation as needed
☐ Paying program fees or requesting fee waiver (if applicable)
☐ Reporting any concerns or non-compliance

_________________________________
[PARENT/GUARDIAN NAME]
Date: _______________

_________________________________
[PARENT/GUARDIAN NAME]
Date: _______________

VIII. JUVENILE STATEMENT

Juvenile's Understanding and Commitment:

I, [JUVENILE INITIALS], understand that:

☐ Participation in diversion is voluntary
☐ I am admitting involvement in the alleged conduct for purposes of diversion
☐ I must comply with all conditions of the diversion program
☐ Failure to comply may result in formal charges and adjudication
☐ Successful completion will result in dismissal of charges/no formal record
☐ I have the right to consult with an attorney about this decision

I am committed to successfully completing the diversion program.

_________________________________
[JUVENILE SIGNATURE OR INITIALS]
Date: _______________

STATE-SPECIFIC NOTES

California

• Welfare & Institutions Code 654-654.6 governs informal probation/diversion
• Penal Code 1000 et seq. for drug diversion
• Prop 47 and 57 expanded diversion options
• Many counties have collaborative courts (drug court, mental health court)

Texas

• Family Code 52.03 authorizes first offender programs
• House Bill 3186 (2024) requires youth diversion plans for municipal/justice courts effective January 1, 2025
• Deferred prosecution agreements available under 53.03
• Progressive sanctions model under 59.001 et seq.

Florida

• Section 985.12 authorizes civil citation and similar diversion programs
• Section 985.125 governs civil citation requirements
• Section 985.145 authorizes juvenile assessment centers
• Diversion must be offered before formal processing for eligible youth

New York

• Adjustment services under FCA 308.1
• Probation Department conducts preliminary conferences
• Designated felonies typically excluded
• Raise the Age expanded diversion for 16-17 year olds

IX. BENEFITS OF DIVERSION

To the Juvenile:
- Avoids formal adjudication and delinquency finding
- No permanent juvenile record (or sealed upon completion)
- Access to treatment and support services
- Maintains educational and employment opportunities
- Reduces stigma and labeling effects
- Promotes accountability in a developmentally appropriate manner

To the Victim:
- Opportunity for restitution
- Potential for restorative justice participation
- Often faster resolution than formal court process
- Voice in the process (if desired)

To the Community:
- Reduced recidivism through appropriate intervention
- Cost savings compared to formal court processing
- Rehabilitation of young person as productive community member
- Addresses root causes of behavior

To the Court System:
- Conserves judicial resources for more serious matters
- Allows individualized interventions
- Supports rehabilitation goals of juvenile justice

X. CONCLUSION

[JUVENILE INITIALS] is an appropriate candidate for diversion based on the factors outlined above. The proposed diversion program will provide accountability, skill-building, and any necessary treatment while avoiding the potentially harmful effects of formal juvenile justice system involvement. The Juvenile and family are committed to successful completion of all requirements.

WHEREFORE, [JUVENILE INITIALS] respectfully requests:

1. Approval of this request for pre-adjudication diversion
2. Placement in [PROGRAM NAME] diversion program
3. Adoption of the proposed conditions and timeline
4. Stay of formal proceedings pending completion
5. Dismissal of charges upon successful completion

RESPECTFULLY SUBMITTED,

_________________________________
[ATTORNEY NAME]
Attorney for Juvenile
Bar No. [NUMBER]
[FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]

Date: _______________

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this Request has been served upon all parties of record.

Date: _______________

_________________________________
[ATTORNEY NAME]

ATTACHMENTS

☐ School Records/Report Cards
☐ Letters of Support
☐ Mental Health/Substance Abuse Assessment (if completed)
☐ Proposed Program Description
☐ Fee Waiver Request (if applicable)
☐ Victim Statement of Support (if available)
☐ Community Service Verification (if already started)
☐ Other: [SPECIFY]