- (a) A diversion agreement must identify the parties to the agreement and the responsibilities of the child and the child's parent to ensure their meaningful participation in a diversion under Article 45A.509 or 45A.510.
- (b) Stated 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.
(c) A diversion agreement must include:
- (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;
- (2) possible outcomes or consequences of a successful diversion and an unsuccessful diversion;
- (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) an explanation of the process that will be used for reviewing and monitoring compliance with the terms of the agreement;
- (5) the period of the diversion;
(6) a verification that:
- (A) the child and the child's parent were notified of the child's rights, including the right to refuse diversion; and
- (B) the child knowingly and voluntarily consents to participate in the diversion; and
- (7) written acknowledgment and acceptance of the agreement by the child and the child's parent.
- (d) The terms of an agreement 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.
(e) A charge may not be filed against a child or, if filed, shall be dismissed by the court if the child:
- (1) does not contest the charge;
- (2) is eligible for diversion under Article 45A.504; and
- (3) accepts the terms of the agreement.
- (f) Entering into a diversion agreement under this article extends the court's jurisdiction for the term of the agreement.
- (g) On entering into a diversion agreement, a copy of the agreement shall be provided to the child and the child's parent, the clerk of the court, a youth diversion coordinator, and any person specified by the youth diversion plan.
Added by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 5.027(a), eff. September 1, 2025.