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The Youth Diversion Plan adopted by the Precinct 1 Justice Court of Brewster County under the Texas Youth Diversion and Early Intervention Act (HB 3186; Code of Criminal Procedure Chapter 45, Subchapter E) for children alleged to have committed a fine-only misdemeanor other than a traffic offense: it sets the program's objectives, eligibility, intake and evaluation, the written diversion agreement and diversion action plan, participation and case management by the Youth Diversion Coordinator (the Brewster County Juvenile Probation Office), procedures for ineligibility/objection/noncompliance, judicial diversion, the $50 administrative fee, and expunction on the child's 18th birthday. Includes a glossary (Appendix A), a three-tier placement/duration/strategy guide (Appendix B), and form templates (Appendices C–G).
Texas > Sixth Administrative Judicial Region > Brewster County > Precinct 1 Justice Court > children (10 to under 17) charged with fine-only, non-traffic misdemeanors eligible for youth diversion. Registered under Brewster County (TOPICs doc 2666).
Texas Youth Diversion and Early Intervention Act — HB 3186 YOUTH DIVERSION PLAN PRECINCT 1 JUSTICE COURT Brewster County, Texas I. Description As provided by Chapter 45, subchapter E of the Texas Code of Criminal Procedure (CCrP), and contingent on eligibility, a child shall be diverted from formal criminal prosecution through an established youth diversion program. Youth diversion is applicable for a child who is alleged to have engaged in conduct that constitutes a misdemeanor punishable by fine only, other than a traffic offense. A child's participation in a youth diversion program is voluntary, requires the child to accept responsibility for the alleged conduct, and requires written consent from both the child and the parent in a written diversion agreement. II. Objective The purpose of the youth diversion program and its related procedures are to: a. Reduce recidivism and the occurrence of problem behaviors through intervention without having to criminally adjudicate children in justice and municipal courts; b. Identify at-risk youth, including youth with mental health needs, substance use disorders, or intellectual and developmental disabilities and, where appropriate, make referral to early youth and intervention services under Subchapter D, Chapter 264 of the Family Code; c. Authorize diversions of children charged with certain offenses punishable by imposition of a fine from criminal adjudication that emphasize accountability and responsibility of the parent and the child for the child's conduct while also promoting community safety; d. Increase collaboration between governmental, educational, and non-profit organizations in devising local and regional diversion strategies within the community. III. Eligibility A child may enter into a diversion agreement once every 365 days. After a child accepts responsibility for the charge alleging engagement in conduct that constitutes a misdemeanor punishable by fine only (other than a traffic offense), they must be diverted from formal criminal prosecution, unless: a. The child has previously had an unsuccessful diversion under Subchapter E; b. Entering into diversion is objected to by the prosecutor; or c. The child's parent does not provide written consent for the child to participate. IV. Intermediate Diversion Evaluation, Intake, and Implementation The prosecutor and YDC shall review citations issued for those under age 17 assigned to Justice Court. If the child is eligible for intermediate diversion, the prosecutor will notify the YDC of the recommended strategy tier (see Appendix B). Once eligibility has been established, the YDC will notify the parent and child. If the parent and child agree in the child's participation, designated court personnel and/or the prosecutor shall meet with the parent and child to review the proposed diversion action plan (DAP), evaluate the parent-child relationship, consider parent input, or require the parent to participate in the case plan, if appropriate. V. Diversion Agreement / Diversion Action Plan There shall be a written binding Diversion Agreement that contains the components required in Article 45.309 & 45.310 of the Texas Code of Criminal Procedure. The objectives shall: a. consider the child's circumstances; b. be rationally relevant to the alleged conduct; c. be realistic to accomplish, and; d. be in the best interest of the child and the community. The written agreement shall contain the following components as required by law: a. an identification of the alleged conduct and diversion agreement terms in clear and concise language understandable to the child. b. positive and negative consequences of successful completion of, or failure to comply with, the terms of the diversion agreement. c. an explanation that a guilty plea is not required, and that participation is not an admission of guilt. d. an explanation of the review and monitoring process for compliance with the diversion agreement. e. the agreed length of the DAP. f. signatures of the child and parent indicating each's consent to diversion, with the understanding that diversion is optional. Notification that the child and/or the child's parent may terminate the diversion at any time, and acknowledgement that upon termination, the case will be referred to Court. Tier Placement, Duration and Strategy Guide Appendix B establishes realistic and reasonable terms for a diversion action plan (DAP). Terms may include, but are not limited to, a combination of conditions such as community service, an educational program, counseling, letters of apology, and/or restitution. Monitoring of a child's compliance with the DAP is monitored by the Court's designated Youth Diversion Coordinator (YDC), the prosecutor, and the Judge. If the child satisfies all the requirements of his/her diversion agreement, there will be no further proceedings related to the case. If the child withdraws or does not successfully complete the diversion agreement and is referred to the court, the Judge will conduct a non-adversarial hearing to determine whether the diversion should be declared unsuccessful. The hearing is an opportunity for a justice or judge to confer with the child and the child's parent to determine whether a diversion should be declared unsuccessful by the court. The court may also hear from any person who may be of assistance to the child or the court in determining what is in the best interests of the child and the long-term safety of the community. If it is determined the diversion measures were unsuccessful, the charge may be filed for criminal prosecution, with the prosecutor's concurrence. The judge, however, may extend up to one year from the original start of the diversion after a non-adversarial hearing. VI. Participation and Case Management The Court's designated Youth Diversion Coordinator (YDC) is the Brewster County Juvenile Probation Office. The coordinator and the prosecutor will monitor the child's compliance throughout the child's participation in the diversion program, perform case management duties and provide administrative court support as needed. If the child satisfies all the requirements of his/her Diversion Agreement, there will be no further proceedings related to the case. If it is determined that more time is necessary for a child to successfully complete diversion, a diversion contract can be extended and/or adjusted. If the child withdraws or does not successfully complete the Diversion Agreement, the Justice Court will conduct a non-adversarial hearing to determine if the diversion was unsuccessful. VII. Not Eligible for Diversion, Prosecutor Objection, Declined Participation by Child or Parent, or Unsuccessful Completion If a child is not eligible for diversion, the prosecutor objects, or the child and/or parent decline participation, the case is filed with the Justice Court to proceed with formal prosecution. If a child is not compliant with the diversion action plan (DAP), the case shall be set for a non-adversarial hearing before the Judge. The Judge will confer with all interested parties to determine what is in the best interest of the child, what protects the long-term safety of the community, and whether to: a. declare the diversion unsuccessful, and/or; b. amend or set aside terms in the diversion agreement; c. extend the diversion period not to exceed one year from the initial start date; d. continue the hearing for not more than sixty (60) days to allow additional time for compliance with the terms of the agreement.; e. require the parent(s) to perform any act, or refrain from performing any act, which the Court determines will increase the likelihood the child will successfully complete the diversion and comply with any order of the Court that is reasonable and necessary for the welfare of the child; f. find substantial compliance and successful completion; g. refer the case to the prosecutor for consideration of re-filing; h. transfer the case to the Juvenile Court for an alleged Child in Need of Supervision (CINS) under Section 51.08 of the Texas Family Code. VIII. Judicial Diversion If the child wants to contest the charges and/or if the parents do not give written consent for participation in the youth diversion program, the case will be referred to the prosecutor for filing of the case. The child will be set on a docket to determine if they would like to go to trial. If a verdict of guilt is returned, the presiding Judge will determine if the child is eligible for diversion. If the child is eligible as outlined in section III of this plan, the Judge may offer participation in the youth diversion program. If the child and parent consent, the Youth Diversion Coordinator will proceed in working with the child and parent, utilizing the recommended tier level to determine referrals, programming, monitoring compliance and informing the Court of non-compliance. If the child or parent do not consent to the diversion program, the Judge will continue with the finding of guilt and proceed with sentencing (see Appendix C for Process Overview Flowchart). IX. Local Youth Diversion Administrative Fee The clerk of a justice or municipal court may collect from a child's parent a $50 administrative fee to defray the costs of the diversion of the child's case: a. the fee under this article may not be collected unless specified as a term of the diversion agreement accepted by the child's parent. If the fee is not paid after giving the child's parent an opportunity to be heard, the court shall order the parent, if financially able, to pay the fee to the clerk of the court; b. a court shall waive the fee if the child's parent is indigent or does not have sufficient resources or income to pay the fee; c. a court may adopt rules for the waiver of a fee for financial hardship under this article; d. an order under Subsection (b) is enforceable against the parent by contempt; e. the clerk of the court shall keep a record of the fees collected under this article and shall forward the funds to the county treasurer, municipal treasurer, or person fulfilling the role of a county treasurer or municipal treasurer, as appropriate; f. the fee collected under this article shall be deposited in a special account that can be used only to offset the cost of the operations of youth diversion programs under this subchapter; g. except for the fee authorized under Subsection (a), a fee may not be assessed for a child diverted under this subchapter. h. the diversion of a child may not be contingent on payment of a fee under this article. X. Expunction All records of a diversion pertaining to a child under Subchapter E shall be expunged without the requirement of a motion or request on the child's 18th birthday. Appendix A — Glossary of Terms Charge (CCrP Art. 45.301(1)): A formal or informal allegation of an offense, including a citation, written promise to appear, complaint, or pending complaint. Child (45.058(h)): A person at least 10 years of age and younger than 17 years of age; and is charged with or convicted of an offense that a justice or municipal court has jurisdiction of under Article 4.11 (Jurisdiction of Justice Courts) or 4.14 (Jurisdiction of Municipal Court). Court (45.301(3)): A justice court, municipal court, or other court subject to this chapter. Diversion (45.301(4)): An intervention strategy that redirects a child from formal criminal prosecution and holds the child accountable for the child's actions. Diversion Agreement (45.308(a)): Identifies the parties to the agreement and the responsibilities of the child and parent to ensure their meaningful participation in a diversion. Diversion Action Plan (DAP) (45.306): A written plan that describes the types of strategies that will be used to implement youth diversion. Offense (45.301(5)): A misdemeanor punishable by fine only, other than traffic offense. Parent (45.057(3)): Includes a person standing in parental relation, a managing conservator, or a custodian. Youth Diversion Coordinator (45.307): A designee of the Court responsible for assisting the Court in executing the youth diversion plan. Appendix B — Youth Diversion Tier Placement, Duration, and Strategy Tier 1 — Criteria: First time offenders for: Trespassing; Possession of Tobacco. Duration of Tier 1 Intermediate Diversion: 60-90 days (can be extended up to a total of 180 days). Case Strategy Options/Completion Requirements: First time offender class/state mandated class or approved equivalent; Class or program as designated by the Court; Community service — Optional (20 hours maximum). Tier 2 — Criteria: First time offenders for: Disorderly Conduct (no indications of aggression); Unauthorized Burning; Bullying related offenses (non-aggravated); First time offenders who have had previous interventions at school and/or with juvenile justice; First time Tier 1 offense with identified barriers including, but not limited to: Anger management; Current use/abuse of drugs or alcohol; Behavioral/Mental health concerns; Academic difficulties; Harmful social connections; Complex family dynamics; Expressed parental concern; Repeat Tier 1 offenders. Duration of Tier 2 Intermediate Diversion: 60-90 days (can be extended up to a total of 180 days). Case Strategy Options/Completion Requirements: Completion of ordered classes (i.e., Alive at 25, Unlicensed Driver course); Community Service — required, minimum 8 hours (20 hours maximum); Consistent and sustained school attendance/no unexcused absences; Report to and participate in scheduled meetings with designated Court Youth Diversion Coordinator. Tier 3 — Criteria: First time offenders for: Possession of Drug Paraphernalia (PDP); Theft; Disorderly Conduct (with indications of aggression/violence); Bullying related offenses (aggravated); Destruction of Property; Minor in Possession of Alcohol (MIP) or other drug/alcohol related offense; Electronic transmission of certain visual material depicting minor; Gang related or indicators of gang involvement. OR Any first-time offense with two or more identified barriers including, but not limited to: Anger management; Current use/abuse of drugs or alcohol; Behavioral/Mental health concerns; Academic difficulties; Harmful social connections; Complex family dynamics; Expressed parental concerns; Repeat offender; Prior unsuccessful deferral. Duration of Tier 3 Intermediate Diversion: 90-180 days (extension past 180 days may be ordered by Judge after a non-adversarial hearing). Case Strategy Options/Completion Requirements: Completion of ordered classes (ex. Alive at 25, Teen Driver's Safety course); Completion of ordered resource referral (ex. FOCUS, Counseling; Behavioral Health Services); Community Service — required, minimum 16 hours (20 hours maximum); Consistent and sustained school attendance/no unexcused absences; Report to and participate in scheduled meetings with designated court Youth Diversion Coordinator. The judge presiding over the non-adversarial hearing may extend the diversion for up to one year from the original start date pursuant to Texas Code of Criminal Procedure 45.311. The above-listed diversion strategies do not constitute an exhaustive list of options. Diversion strategies will be implemented on a case-by-case basis to meet the needs of the child and the Tier Placement is a helpful guide in devising an appropriate diversion strategy. The plan includes the following form templates as appendices: Appendix C (Process Overview Flowchart); Appendix D (Youth Diversion Agreement, Brewster County Justice Court, Precinct 1 — intermediate diversion under Art. 45.309 or judicial diversion under Art. 45.310); Appendix E (Order of Dismissal — dismissal of charge pursuant to diversion agreement, Art. 45.304); Appendix F (Order of Referral Hearing — noncompliance with diversion agreement); and Appendix G (Notice to Appear for Referral Hearing).
Texas Youth Diversion and Early Intervention Act — HB 3186 YOUTH DIVERSION PLAN PRECINCT 1 JUSTICE COURT Brewster County, Texas I. Description As provided by Chapter 45, subchapter E of the Texas Code of Criminal Procedure (CCrP), and contingent on eligibility, a child shall be diverted from formal criminal prosecution through an established youth diversion program. Youth diversion is applicable for a child who is alleged to have engaged in conduct that constitutes a misdemeanor punishable by fi
Reviewer note: Composed 2026-09-12 (AJR-6 Sixth Region build) from BenchPath custody registered/2666.pdf (application/pdf, 2680035 bytes, sha256 03c79bcd4db12baf2dbfac1cdea853162aed4ee0b17b7e742d4ba6710b98db05; 16 pages) — the TOPICs-registered document. Transcribed in full from the rendered scan (16-page image-only PDF): the plan body (I-X), glossary (Appendix A) and tier-strategy guide (Appendix B) verbatim; the blank form templates (Appendices C-G) summarized. The plan face carries no adoption date, so effective_date is left unset; registered as a Brewster County JP1 standing instrument under HB 3186.
Standing order of the 109th Judicial District Court for every pending or later-filed case in Andrews, Winkler and Crane Counties: any attorney or self-represented litigant who uses any form of artificial intelligence for legal research or drafting in a case must, before using AI-generated information in a court submission or proceeding, sign and submit the court's certification form stating that all language, quotations, sources, citations, arguments and legal analysis created or contributed to by generative AI were verified as accurate by a human through traditional (non-AI) legal sources, and acknowledging responsibility and potential sanctions for their or their co-counsel's failure to comply. Effective immediately; in effect until rescinded or replaced.
Standing order of the 109th Judicial District Court for every pending or later-filed case in Andrews, Winkler and Crane Counties: any attorney or self-represented litigant who uses any form of artificial intelligence for legal research or drafting in a case must, before using AI-generated information in a court submission or proceeding, sign and submit the court's certification form stating that all language, quotations, sources, citations, arguments and legal analysis created or contributed to by generative AI were verified as accurate by a human through traditional (non-AI) legal sources, and acknowledging responsibility and potential sanctions for their or their co-counsel's failure to comply. Effective immediately; in effect until rescinded or replaced.