Diversion Program
In January 2000, the Belmont County Juvenile Court created the Diversion Program after discovering the Court procedure in effect at the time delayed an initial appearance of a juvenile for many weeks or months from the actual time of the offense.
The Diversion Program is the informal process of diverting youths from further involvement in the juvenile system to an alternative, non-judicial method of dealing with the youth and the offense. Only those youth who have no prior official or unofficial records (first-time offenders) who are alleged to have committed a misdemeanor offense are eligible to participate in the Diversion Program. The Diversion Program fee is $75.00 per case and is required to be paid at the initial meeting.
The goals of the Diversion Program are: To quickly and efficiently deal with first-time offenders and swiftly administer justice; To allow the youth to acknowledge responsibility for his or her actions with appropriate consequences;
To provide the youth and family with needed resources; and
To prevent further involvement with the juvenile justice system.
Upon receiving the complaint, the Diversion Program Coordinator will notify the youth and his/her parents in writing the date and time of the scheduled Diversion conference. This conference will be scheduled within ten (10) days of the Diversion Program Coordinator’s receipt of the complaint. In order to participate in the Diversion Program, the youth must agree the charges stated in the complaint are substantially true. If the youth denies or disputes the charges stated in the complaint, the scheduled conference will be canceled and the complaint will then be filed in the Belmont County Juvenile Court for the youth to respond to the charge(s) in Court.
The youth and his/her parent(s) are required to attend the Diversion conference at which time the following will occur:
The Diversion Program Coordinator introduces herself and gets acquainted with the youth and parents. The youth and parents are also asked to provide information concerning the youth, the family, and the alleged offense. The Diversion Coordinator reads the complaint or police report to the youth and parents. At this time, in order to participate in the Diversion Program, the youth must agree the charges stated in the complaint are substantially true. If the youth agrees to the offense, the conference will continue, and the Diversion Program Coordinator will assess the youth and family for concerns. This is done in an effort to link the youth and his/her family to appropriate community resources. If the youth denies the offense or chooses not to participate in the Belmont County Juvenile Court Diversion Program, the conference will end, and the complaint will be filed in the Belmont County Juvenile Court for the youth to respond to the charge(s) in Court. The final stage of the conference involves the youth accepting responsibility for the offense by signing an Agreed Order wherein he/she commits to abide by certain terms and conditions. The youth’s parent(s) or guardian(s) also signs this Order.
The terms and conditions of the Diversion Program Agreed Order are highly variable and depend upon the offense, the youth, and the family’s needs. The typical time frame of involvement in the Diversion Program is ninety (90) days; however, this time may be extended if necessary. The Diversion Program Coordinator works extensively with school officials, law enforcement agencies, and various agencies providing mental health and drug/alcohol counseling. While participating in the Diversion Program, the youth may expect the Diversion Program Coordinator to contact school officials regarding the youth’s attendance and compliance with school rules and regulations; request the youth to submit to random drug and alcohol testing; perform random curfew checks to ensure compliance, and request status reports from agencies providing mental health or drug/alcohol counseling to Diversion Program participants.
The goals of the Diversion Program are:
To quickly and efficiently deal with first-time offenders and swiftly administer justice;
To allow the youth to acknowledge responsibility for his or her actions with appropriate consequences;
To provide the youth and family with needed resources; and
To prevent further involvement with the juvenile justice system.
The following Local Rules of Procedure are hereby established by the Belmont County Court of Common Pleas, Juvenile Division:
1.1 Intake Procedure. Chief Deputy Clerk and Diversion Program Coordinator will review
delinquency complaints. Complaints which are (I) a first offense (2) not a felony (3) not an
aggravated offense and (4) no objection is rendered by the prosecutor’s office will be referred to the Diversion Program Coordinator
1.2 The Diversion Program Coordinator will receive directly from the prosecutor’s office any unruly complaints that are also first offenses.
1.3 The Comt may in the Comt’s sole discretion and with the approval of the prosecuting
attorney refer cases to the Diversion Program Coordinator to fmther the interest of justice.
1.4 Upon the referral of a complaint the Diversion Program Coordinator shall immediately send a letter to the juvenile and the legal parent(s), custodian(s) or guardian(s) advising said persons of the intake procedure. A meeting will be scheduled with the juvenile and the parent(s),
custodian(s) or guardian(s) at a time to be chosen by the Diversion Program Coordinator. A fee of Seventy-five Dollars ($75.00) will be charged for the services rendered on behalf of the Juvenile Comt by the Diversion Program Coordinator. Said fee shall be payable by money order at the time of the initial conference.
1.5 The Diversion Program Coordinator will discuss with the juvenile and parent(s), custodian(s) or guardian(s) a resolution of the complaint in an attempt to avoid formal court intervention. Should the juvenile voluntarily terminate the program, appear to make no or minimal efforts with the recommendations of the Diversion Program Coordinator or receive a second offense during the intake procedure then the original complaint will be formally filed with the Court and referred to the judge.
1.6 The Diversion Program Coordinator is hereby authorized to develop a Diversion Form, which is to be completed by the juvenile and the juvenile’s parent(s), custodian(s) or guardian(s) and delivered to the Diversion Program Coordinator at the first meeting.
1.7 All cases referred to the Diversion Program Coordinator will receive an intake case number but will not receive a formal case number from the Clerk of the Juvenile Court. The Diversion Program Coordinator will keep a database of all juveniles referred for the intake procedure and the outcome of the intake process.