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The Grimes County youth-diversion plan required by H.B. 3186 (Code of Criminal Procedure arts. 45.306, 45.309, 45.310), effective January 1, 2025, covering both municipal and justice courts. It establishes the intervention strategy that redirects children accused of certain "gateway" Class C misdemeanors (excluding traffic offenses) from formal prosecution — intermediate diversion before a charge is filed (art. 45.309) and diversion by the judge after a charge or a finding of guilt (art. 45.310).
Texas > Grimes County > justice and municipal courts — juvenile (Class C) diversion.
Grimes County Youth Diversion Procedures A. This plan was developed and implemented in accordance with the requirements set forth in H.B. 3186. The plan is designed to address at-risk youth and create a path to re-direct children accused of certain "gateway" Class C misdemeanor offenses in Municipal or Justice courts. These procedures do not include traffic violations committed by the child. "Diversion" means an intervention strategy that redirects a child from formal criminal prosecution and holds the child accountable for thechild's actions.This process is governed by the following: 1) Article 45.309 - intermediate diversion which occurs before a charge involving an eligible child is filed, and; 2) Article 45.310 - diversion by judge 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. B. The process below applies to both types of diversion except where noted and is covered in both Municipal and Justice courts in Grimes County. Checklist | Notes ☐ 1. Each municipal and justice court must adopt a written youth diversion plan that describes the types of strategies that will be used to implement youth diversion. A current plan must be maintained in the court for public inspection. [Note: Art. 45.306, C.C.P. Courts must implement a youth diversion plan by January 1, 2025. The plan may be devised for a county or municipality or an individual court. A local government may enter into an agreement with other local governments to create a regional plan. The plan may also include an agreement with a service provider to provide services for a diversion strategy. It may contain non-mandatory guidelines for diversion by law enforcement. It may also contain guidelines for diversion by law enforcement in lieu of filing a criminal charge, though those guidelines are not mandatory on law enforcement to follow. Art. 45.306, C.C.P.] ☐ 2. 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: [Note: If the plan does not provide for intermediate diversion, proceed to Step 3. The court may designate a youth diversion coordinator to assist in various responsibilities related to youth diversion. See, Art. 45.307(a), C.C.P. Such responsibilities may be performed by a court administrator; court clerk; an individual or entity that provides JCM services under Art. 45.056/45A.451, C.C.P.; a court-related services office; a community supervision and corrections department, including a juvenile probation department; a county or municipal employee, including a peace officer; a community volunteer; an institution of higher education; or a qualified nonprofit organization as determined by the court. Art. 45.307(b), C.C.P.] ☐ a. the child is eligible; [Note: Art. 45.309(a)(1), C.C.P. See Step 3 below.] ☐ b. diversion is in the best interests of the child and promotes the long-term safety of the community; [Note: Art. 45.309(a)(2), C.C.P.] ☐ c. the child and parent consent to the diversion with the knowledge that it is optional; and [Note: Art. 45.309(a)(3), C.C.P. "Parent" has the meaning assigned by Article 45.057(a)/45A.457(a), C.C.P.] ☐ d. the child and parent are informed that they may terminate the diversion at any time and, if terminated, the case will be referred to court. [Note: Art. 45.309(a)(4), C.C.P.] ☐ 3. After receiving a charge (non-traffic) involving a child, whether filed (diversion by judge) or not (intermediate diversion), determine if the child is eligible for diversion. [Note: Art. 45.304, C.C.P. "Charge" means a formal or informal allegation of an offense, including a citation, written promise to appear, complaint, or pending complaint. Art. 45.301(1), C.C.P. "Child" has the meaning assigned by Article 45.058(h)/45A.453(a). Art. 45.301(2), C.C.P.] ☐ a. A child may enter into a diversion agreement once every 365 days. Thus, a child who has entered into a diversion agreement within the prior year is ineligible for diversion. [Note: Art. 45.304(b), C.C.P.] ☐ b. A child is also not eligible for diversion if: ☐ (1) the child has previously had an unsuccessful diversion under Subchapter E or [Note: Art. 45.304(c), C.C.P.] ☐ (2) the prosecutor objects to the diversion. [Note: Art. 45.304(d), C.C.P.] ☐ c. A court may not divert a child under Subchapter E without the written consent of the child and parent. [Note: Art. 45.304(e), C.C.P.] ☐ 4. Determine if the child contests the charge. [Note: A charge may not be filed against a child, or if filed, shall be dismissed by the court if the child does not contest the charge, is eligible for diversion, and accepts the terms of the agreement. Art. 45.308(e), C.C.P.] ☐ a. If the child does not contest the charge, divert the case without the child having to enter a plea. Proceed to Step 5. [Note: Art. 45.310(a)(1), C.C.P.] [The registered file contains the plan's pages numbered 1–3 and 5–9; the page numbered 4 is not in the file.] ☐ c. A diversion agreement must be in writing and include: [Note: Art. 45.308(c), C.C.P.] ☐ (1) 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; [Note: The terms may vary depending on the circumstances of the child, including the child's age and ability, the charge being diverted, or the diversion strategy used. Art. 45.308(d), C.C.P. The terms may include any of the diversion strategies described by Art. 45.305, C.C.P. Arts. 45.309(b), 45.310(c), C.C.P. If the optional administrative fee in Art. 3.112 will be assessed, then it must be specified as a term of the diversion agreement. Art. 45.312(b), C.C.P.] ☐ (2) possible outcomes or consequences of a successful diversion and an unsuccessful diversion; [Note: For example, the case of a child who successfully complies with the terms of a diversion agreement shall be closed and reported as successful to the court. Arts. 45.309(c) and 45.310(d), C.C.P. A child who does not comply with the terms of a diversion agreement shall be referred to court for a non-adversarial hearing. Arts. 45.309(d), 45.310(e), 45.311, C.C.P.] ☐ (3) 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; ☐ (4) the period of the diversion; [Note: A diversion under Art. 45.309 or 45.310 may not exceed 180 days. Arts. 45.309(a), 45.310(b), C.C.P.] ☐ (5) a 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 ☐ (6) a written acknowledgment and acceptance of the agreement by the child and the child's parent. ☐ 6. Determine whether to assess the optional $50 local youth diversion administrative fee to defray the costs of the diversion of the child's case. [Note: Art. 45.312, C.C.P. The diversion of a child may not be contingent on payment of this fee. Except for this fee, no other fee may be assessed for a child diverted under Subchapter E. Art. 45.312(h), C.C.P.] ☐ 7. 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. [Note: Art. 45.308(g), C.C.P.] ☐ a. The fee may not be collected unless specified as a term of the diversion agreement accepted by the child's parent. [Note: Art. 45.312(b), C.C.P. 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. This order is enforceable by contempt. Art. 45.312(e), C.C.P.] ☐ b. A court shall waive the fee if the parent is indigent or does not have sufficient resources or income to pay the fee. [Note: A court may adopt rules for the waiver of this fee for financial hardship. Art. 45.312(d), C.C.P.] ☐ 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. [Note: Art. 45.312(f), C.G.P. The collected fees shall be deposited in a special account that can be used only to offset the cost of the operations of youth diversion programs under Subchapter E. Art. 45.312(g), C.C.P.] ☐ 8. At the end of the diversion period, determine whether the diversion was successful. ☐ 9. If the child successfully complies with the terms of the diversion agreement, close the case and report it to the court as successful. [Note: Arts. 45.309(c), 45.310(d), C.C.P.] ☐ 10. If the child does not comply with the terms of the diversion agreement, refer the child to court for a hearing. [Note: Arts. 45.309(d), 45.310(e), C.C.P.] ☐ 11. 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 court. [Note: Art. 45.311(a), C.C.P. 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. Art. 45.311(b), C.C.P.] ☐ 12. After the hearing, a court may enter an order: [Note: Art. 45.311(c), C.C.P.] ☐ a. amending or setting aside terms in the diversion agreement; [Note: This would not be done in isolation but in conjunction with one of the other options below, such as extending the diversion period, issuing a continuance, or finding the diversion successful on the basis of substantial compliance.] ☐ b. extending the diversion for a period not to exceed one year from the initial start date of the diversion; ☐ c. issuing a continuance for the 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), requiring 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; [Note: This order may not have the substantive effect of interfering with a parent's fundamental right to determine how to raise the parent's child, unless the court finds that the interference is necessary to prevent significant impairment of the child's physical, mental, or emotional health. Art. 45.311(d), C.C.P. This order is enforceable against the parent by contempt. Art. 45.311(e), C.C.P.] ☐ e. finding the diversion successful on the basis of substantial compliance; or ☐ f. finding 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. [Note: If the charge was never filed, the referral of the charge would be for consideration of filing instead of re-filing.] ☐ 13. The court shall maintain statistics for each diversion strategy authorized by Subchapter E. [Note: Art. 45.313(a), C.C.P. Other than statistical records, all records generated under Subchapter E are confidential under Art. 45.0217, C.C.P. Art. 45.313(b), C.C.P.] ☐ 14. 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. [Note: Art. 45.313(c), C.C.P.] [Footer on each page: March 2024]
Grimes County Youth Diversion Procedures A. This plan was developed and implemented in accordance with the requirements set forth in H.B. 3186. The plan is designed to address at-risk youth and create a path to re-direct children accused of certain "gateway" Class C misdemeanor offenses in Municipal or Justice courts. These procedures do not include traffic violations committed by the child. "Dive
Reviewer note: AJR-2 cluster (12th/278th/506th). Source instrument read via vision/text lane; classified RULE under the records-vs-rules doctrine. Composed benchpath-ajr2-cluster. Applicability 2026-09-09 (fix program 2026-09-09, Phase 5, audit M7): specific -> universal — the row binds every court in its state/circuit/county scope and names no court, judge or division. [TRANSCRIBED BY EYE 2026-09-21 (corpus-0920 P12): every page of the registered file (sha256 7110c43cb50a..., 8 page(s), image-only scan; the OCR layer used as a typing base and corrected word by word from the page) read against the rendered file; verbatim, source typos kept, stamps/signatures bracketed; the earlier abstract replaced by the full instrument; confidence high. benchpath-tx-corpus0920-p12-2026-09-21]
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.