Title 42
State Affairs and Government

Chapter 72
Department of Children, Youth and Families

§ 42-72-33. Youth diversion program.

(a) There is created in the department of children, youth, and families, the youth diversion program, a community-based program providing outreach and advocacy services to youth between the ages of nine (9) and seventeen (17), who may be the subject of a family court petition or at risk for committing wayward or disobedient acts including truancy, running away, and violation of school rules. Referrals to the youth diversionary program shall be served for a maximum of ninety (90) days and include, but are not limited to, the following services:

(1) An assessment of the needs of the child and family;

(2) Development of a plan and provision of services to include educational and vocational support services and employment linkages;

(3) Counseling;

(4) Family mediation;

(5) Crisis intervention;

(6) Advocacy on the child’s behalf with schools, police, employment resources and other community agencies;

(7) Short-term respite limited to three (3) days during crisis periods; and

(8) Follow-up and after-care services as needed.

(b) In considering competitive proposals to establish local programs, the department will give priority to agencies that:

(1) Are part of a municipal government or nonprofit, local-based agencies;

(2) Have established a local advisory board representative of local government, police, schools, and youth-serving agencies;

(3) Locate in communities that have a juvenile-arrest rate that exceeds the most recently available statewide average juvenile-arrest rate;

(4) Collaborate with surrounding communities where the juvenile population may be too small to require a full-time program; and

(5) Coordinate with other youth-serving agencies and programs in the local community.

(c) Prior to a hearing on a petition alleging a first offense wayward or disobedient act as defined above, the family court shall ensure that a referral has been made to the appropriate local youth diversion program. A report by that program shall be submitted to the court at least one week prior to the adjudication hearing. The report shall identify the problems in the family, services provided, progress, and outcomes of the services, and recommendations for future intervention. The report shall become a part of the record and be used by the family court in disposing of the petition.