Loading…
Youth diversion plan of Deaf Smith County under Code of Criminal Procedure chapter 45, subchapter E (H.B. 3186, applying from January 1, 2025): the children covered and the fine-only offenses that can be diverted; intermediate diversion and diversion by the judge; the diversion agreement, its strategies and conditions and their duration; the youth diversion coordinator; the administrative fee; the court's options on non-compliance (extension, continuance, parental orders, a finding of successful diversion by substantial compliance, or a finding of unsuccessful diversion with transfer to juvenile court or referral to the prosecutor); statistics; and expunction of diversion records on the child's 18th birthday. By the attached agreement of understanding between the two counties, all Parmer County juveniles subject to youth diversion are handled under this plan, Deaf Smith County keeping the administrative fee and being reimbursed for mileage.
Texas > Ninth Administrative Judicial Region > Deaf Smith County > Justice of the Peace.
Parmer County Agreement of Understanding Regarding Youth Diversion Plan Between Deaf Smith County and Parmer County Whereas, the Texas Legislature has required that a Youth Diversion Plan be instituted for every Municipal and Justice Court no later than January 1, 2025. Whereas, Deaf Smith County has adopted a Youth Diversion Plan which meets with this requirement. Whereas, Deaf Smith County has agreed to handle juveniles from Parmer County that would be subject to the Youth Diversion Plan. The Administrative Fee allowed by HB 3186 will be retained by Deaf Smith County. If mileage expense is incurred by Deaf Smith County related to a Parmer County juvenile participating in the Youth Diversion Plan, the mileage will be reimbursed to Deaf Smith County at the allowable IRS rate. Parmer County and Deaf Smith County hereby enter into this mutual agreement of Understanding whereby all Parmer County Juveniles that will be subject to the Youth Diversion Plan as set up by the Texas Legislature will be handled by the Deaf Smith Youth Diversion Plan, which is attached hereto as Exhibit “A.” [signature] Deaf Smith County Judge [signature] Parmer County Judge DEAF SMITH COUNTY YOUTH DIVERSION PLAN The Texas Legislature, in the 88th Regular Session (2023), passed H.B. 3186, which increases opportunities for the early identification of at-risk youth and to redirect children accused of certain Class C misdemeanor offenses. By participating in this program, the juvenile is given an opportunity to avoid a conviction of the offense on their record. This opportunity is available at the front end of a case where it can be more effective. The bill, H.B. 3186, also recalibrates and expands opportunities for collaboration and financial resources in both rural and urban parts of Texas and requires the adoption of a youth diversion plan for every municipal and justice court no later than January 1, 2025. “Diversion” means an intervention strategy that redirects a child from a formal criminal prosecution and holds the child accountable for the child’s actions. The term includes two types of diversion: (1) intermediate diversion under Article 45.309, which occurs before a charge involving an eligible child is filed and (2) diversion by judge under Article 45.310, which occurs after a charge involving an eligible child is filed or after a trial involving an eligible child results in a verdict or finding of guilt. Courts may choose to implement intermediate diversion, but all courts have requirements related to diversion by judge. Regardless which type of diversion the court implements, the purpose is generally the same. If the youth diversion plan provides for intermediate diversion, a youth diversion coordinator or juvenile case manager must advise the child and the child’s parent before a case is filed that the case may be diverted for a reasonable period not to exceed 180 days if: a. the child is eligible b. diversion is in the best interests of the child and promotes the long-term safety of the community c. the child and the child’s parent consent to the diversion with the knowledge that it is optional; and d. the child and the child’s parent are informed that they may terminate the diversion at any time and, if terminated, the case will be referred to the court. ELIGIBILITY After receiving a charge (non-traffic) involving a child, whether filed or not, determination is made if the child is eligible for diversion by meeting the following requirements: a. A child may enter into a diversion agreement if the child is younger than 17 years of age at the time of the offense; (must be after January 1, 2025) b. A child may enter into a diversion agreement once every 365 days. c. The child does not contest the charge (divert the case without having to enter a plea) A child is not eligible for diversion if: d. The child has previously had an unsuccessful diversion e. The prosecutor objects to the diversion f. The child contests the charge (case proceeds with formal criminal charges) The diversion agreement must: a. Identify the parties to the agreement and the responsibilities of the child and parent to ensure their meaningful participation in a diversion, whether intermediate diversion or diversion by judge. b. State objectives in a diversion agreement must be measurable, realistic, and reasonable and consider the circumstances of the child, the best interests of the child, and the long-term safety of the community. A diversion agreement must be in writing and include: a. The terms of the agreement, including one or more diversions required to be completed by the child, written in a clear and concise manner and identifying any offense or charge being diverted b. The possible outcomes or consequences of a successful diversion and an unsuccessful diversion c. An explanation that participation in a diversion is not an admission of guilt and a guilty plea is not required to participate in a diversion d. The period of the diversion e. Verification that the child and parent were notified of the child’s rights, including the right to refuse diversion; and the child knowingly and voluntarily consents to participate in the diversion; and f. A written acknowledgment an acceptance of the agreement by the child and the child’s parent. Determine whether to assess the optional $50.00 local youth diversion administration fee to defray the costs of the diversion of the child’s case. a. The fee may not be collected unless specified as a term of the diversion agreement accepted by the child’s parent. b. A court shall waive the fee if the parent is indigent or does not have sufficient resources of income to pay the fee. c. The clerk of the court shall keep a record of the fees collected under Art. 45.312 and shall forward the funds to the municipal treasurer or person fulfilling that role, as appropriate. Provide a copy of the agreement to the child, parent, clerk of the court, youth diversion coordinator, and any person specified by the youth diversion plan. At the end of the diversion period, determine whether the diversion was successful. a. If the child successfully complies with the terms of the diversion agreement, close the case and report it to the court as successful. b. If the child does not comply with the terms of the diversion agreement, refer the child to the court for a hearing. The court shall conduct a non-adversarial hearing for a child who does not successfully complete the terms of the diversion agreement and is referred to the court. After the hearing, a court may enter an order: a. Amending or setting aside terms in the diversion agreement b. Extending the diversion for a period not to exceed one year from the initial start date of the diversion c. Issue a continuance for a hearing for a period not to exceed 60 days to allow an opportunity for compliance with the terms of the diversion d. Subject to Art. 45.311(d), require the parent to perform or refrain from performing any act the court determines will increase the likelihood the child will successfully complete the diversion and comply with any other order of the court that is reasonable and necessary for the welfare of the child e. Find the diversion successful on the basis of substantial compliance; or f. Find the diversion unsuccessful and: (1) Transferring the child to juvenile court for alleged conduct indicating a need for supervision (CINS) under Section 51.08 of the Family Code; or (2) Referring the charge to the prosecutor for consideration of re-filing. The court shall maintain statistics for each diversion strategy authorized by Subchapter E. 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. [The posted file continues (pages 5-8, printed sideways) with "Youth Diversion: Process Overview Flowchart - H.B. 3186" and its box-by-box "Flowchart Commentary" (edition 11-13-2023) - general explanatory material, not part of the plan; not reproduced.]
Parmer County Agreement of Understanding Regarding Youth Diversion Plan Between Deaf Smith County and Parmer County Whereas, the Texas Legislature has required that a Youth Diversion Plan be instituted for every Municipal and Justice Court no later than January 1, 2025. Whereas, Deaf Smith County has adopted a Youth Diversion Plan which meets with this requirement. Whereas, Deaf Smith County ha
Reviewer note: Composed 2026-09-25 (AJR-9 Ninth Region build, own-site layer) from BenchPath custody ajr9 corpus sources/documents/d226427559fdd806-youth-diversion-plan.pdf (3,357,695 bytes, sha256 d226427559fdd806712ba0e4b68a3b81ea87dff41166faed2a0607bee3c12d44; 8 page(s)) - the document the Parmer County website posts (https://parmercounty.texas.gov/wp-content/uploads/2025/02/Youth-Diversion-Plan-2.pdf), not registered with the Office of Court Administration's TOPICs registry as of 2026-09-25: transcribed by eye from the rendered pages of the scanned file (no machine text relied on) and read a second time against the page images - for long documents word by word against an independent machine OCR of the same scan, every disagreement and every handwritten entry resolved on the image; signature, seal and file-stamp blocks bracketed. Signed: Agreement signed by the Deaf Smith County Judge and the Parmer County Judge (undated; no printed names); the plan is unsigned. Sibling row: the instrument is issued by a court that also serves Deaf Smith County (or names it); the text is published from the posting on the Parmer County website. Posted by Parmer County. The plan is published for Deaf Smith County as well, because it is that county's plan by its own title; Deaf Smith County's own posting was not found. The posted file ends with a general H.B. 3186 flowchart and commentary (pages 5-8), described in an editorial note rather than reproduced.
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.