January 1, 2025 will be here before we know it. By that date, a youth diversion plan must be adopted by each municipal court in Texas. It must be a written plan that describes the types of strategies that will be used to implement youth diversion, and it must be maintained on file for public inspection. It should be noted that the plan is NOT a limitation on what can be a part of a diversion agreement.
Municipal court personnel should check out TMCEC Youth Diversion page. There, you will find many valuable resources including a checklist, a flowchart, sample forms, and multiple sample diversion plans.
Each court is different. The diversion plan for your court should be tailored to your specific needs, resources, and capabilities. Article 45.306 of the Code of Criminal Procedure lays out the general requirements of a diversion plan. You might consider some of the elements listed below for inclusion in your plan.
(1) Purpose and Goals
- Clear statement of the purpose of the plan (e.g., reducing recidivism, improving youth outcomes)
- Measurable objectives that align with community safety and youth accountability
(2) Eligibility Criteria
- Eligible child definition
- Eligible offenses
- Exclusions
(3) Diversion Strategies
- List of available strategies (e.g., counseling, community service, educational programs)
- Flexibility to customize strategies based on individual cases and needs
- Guidelines for implementing both intermediate and judicial diversion
(4) Role of the Youth Diversion Coordinator
- Designation of coordinator(s) responsible for managing the diversion program
- Duties (e.g., eligibility checks, monitoring compliance, liaising with parents/guardians)
(5) Consent and Agreement Protocols
- Process for obtaining consent from the child and parent/guardian
- Other required steps (e.g., notification of rights)
(6) Confidentiality Measures
- Protocols for handling sensitive information and ensuring records remain confidential
- Procedures for expunging records when the child turns 18
(7) Collaboration and Partnerships
- Potential partnerships with schools, local mental health agencies, and other community resources
- Provisions for entering into Interlocal Agreements to share resources and expand diversion options
(8) Funding and Resources
- Identification of funding sources (e.g., Local Youth Diversion Fund, administrative fees)
- Plan for resource allocation to support diversion activities (e.g., staff training, service providers)
(9) Evaluation and Monitoring
- Metrics for tracking success (e.g., compliance rates, recidivism)
- Periodic review process to assess program effectiveness and make adjustments
Download the word document below for a full resource of elements and sample language for each one.
Full Court Press 