Rule 27-1A. Referrals for Nonjudicial Handling of Delinquency Complaints

(a) Any police summons accompanied by a police report alleging an act of delinquency shall be in writing and signed by the police officer and filed with the clerk of the Superior Court for juvenile matters. After juvenile identification and docket numbers are assigned, the summons and report shall be referred to the probation department for possible nonjudicial handling.

(b) If the probation supervisor or designee determines that a delinquency complaint is eligible for nonjudicial handling, the assigned probation officer shall contact the parent or guardian in advance of the summons date in order to schedule an interview with the parent or guardian and child or youth for the purpose of conducting risk and behavioral health screenings. A child or youth determined by the risk screen to be at low risk to reoffend will be referred to community based diversionary programs with no further court intervention. Judicial handling will be reserved for those found to be at the highest levels of risk. All other cases will be eligible for nonjudicial handling. Refusal to participate in the screening process will render the child or youth ineligible for diversion.

(c) Delinquency matters eligible for nonjudicial handling shall be designated as such on the docket. If the prosecuting authority objects to the designation, the judicial authority shall determine if such designation is appropriate. The judicial authority may refer to the Office of Juvenile Probation a matter so designated and may, sua sponte, refer a matter for nonjudicial handling prior to adjudication.

Committee Notes

(Amended June 30, 2008, to take effect Jan. 1, 2009.) amended June 30, 2008, to take effect Jan. 1, 2009; amended