When a juvenile summons is diverted through the police and the youth does not complete the JRB process for one reason or another what is the process for sending it to the court? Should the police issue a new court date or write another summons?When a kid does not satisfactorily complete the JRB process, the JRB would return the case to the referral source (police or school) and they could then decide to refer the matter to the court.
In the case of the police, if they have already issued a summons and the court date on the summons is far enough out to still be a valid date (for example: a summons was issued for a court appearance in six weeks and the kid never appeared at the JRB), then the police would just inform the family that the summons is still valid and they must appear in court at the date and time specified.
More common, the summons was not issued or it was "taken back" when the decision was made to divert the case to the JRB. In that situation, the police could issue a new summons with a date and time for the family to appear in court and serve it on the family.
What I have suggested in the past is to have the family appear at the JRB so the JRB can explain to them why the diversion effort has failed and what will happen next and to answer any questions they may have. At that point, the police officer on the JRB can serve the family with the new summons.
How ever the officer serves the summons, it should be noted in the police report so there will be documentation that the family was served. When the case is sent to the court, there should also be a brief explanation indicating that the delay in sending the case to court was due to an attempt to divert the case to the JRB but that the effort failed. That would tip off the court as to why there was a delay and also suggest that the court consider handling the case as a judicial case since handling it non-judicially would essentially duplicate the efforts of the JRB that didn't work.
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