ORDER ADOPTING A YOUTH DIVERSION PLAN
*Required by Texas House Bill: 3185*
Implemented January 1, 2024
IT IS ORDERED pursuant to Article 45.306 (b) of the Texas Code of Criminal Procedure that the Court
adopts the Youth Diversion Program hereafter referred to as the “Washington County Precinct Two
Youth Diversion Program” or “Program”.
IT IS FURTHER ORDERED that the program shall not limit the types of strategies or services that may
be imposed as needed in the best interest of the child and to promote the long-term safety of the
community. Strategies and Services may be tailored to an individual, on a case basis and to be
determined by the Presiding Judge, County Attorney, and Juvenile Probation after assessment and
collaboration with all interested parties and service providers.
IT IS FURTHER ORDERED that the procedures, components, and applicable law referenced in the
Precinct Two Youth Diversion Plan shall be maintained on file for public inspection upon request in
writing.
SIGNED AND ENTERED on this 1ˢᵗ day of January 2025
Judge Douglas Cone
Justice of the Peace, Pct. Two
Washington County, Texas
Washington County Precinct Two Youth Diversion Program All words and phrases contained herein shall
be construed according to definitions in Article 45 of the Texas Code of Criminal Procedure, where
provided.
I. Objective The purpose of this program and its related procedures is to: A. Reduce recidivism and
the occurrence of at-risk behavior through intervention without criminal adjudication. B. Identify
at-risk juveniles utilizing a social service approach. C. Divert instances of deviant behavior from
criminal adjudication with an emphasis on therapeutic strategies for accountability and
responsibility of the child and the child’s parent(s), while promoting public safety and order. D.
Collaborate with all community and online resources available to achieve these objectives.
II. Applicability This program will apply to any behavior that could be formally charged as a
criminal offense against a child within the jurisdiction of this Court. Nothing in this procedure
precludes the State from referring a child as a Child in Need of Supervision under Title 3 of the
Texas Family Code, or a permissive or mandatory waiver of jurisdiction and transfer under Section
51.08 of the Texas Family Code.
III. Referral for Diversion Program
• Non-School related behavior that could be formally charged as a criminal offense within the
jurisdiction of this Court may be submitted by referral, citation, or complaint as required by law.
• School related offenses shall be referred to the Court by a School Administrator. The referral
shall include all school records requested by the County Attorney and/or Juvenile Probation, and
any disciplinary history and measures.
IV. Intake & Eligibility Upon review and without objection by the County Attorney, and with the
written consent of the child and child’s parent, a child is eligible for the diversion program once
every 365 days, but only if he or she has not had a prior diversion plan determined to have been
“unsuccessful.”
V. Diversion Evaluation The County Attorney and Juvenile Probation may collaborate to determine
eligibility and devise a strategy to correct the specific behavior and achieve the objectives of
the program, utilizing available resources. Resources may include but are not limited to school
related disciplinary and educational measures, drug and alcohol evaluation and education programs,
tobacco education, self- improvement strategies or classes, leadership training, manners/social
skills, anger management, mental health evaluations and recommended services, and any other
services that are determined to be necessary to improve empathy, the parent-child relationship, or
life skills.
VI. Intermediate Diversion Intake & Implementation Juvenile Probation shall review all the
information available and applicable to the child and employ a case plan utilizing a strategy
suitable for the rehabilitation of the child. (See Appendix A for a description of strategies and
programs that may be utilized) Once a preliminary case plan is recommended, Juvenile Probation may
meet with the parent and child to review the proposed case plan, evaluate the parent-child
relationship, consider parent input, or require the parent to participate in the case plan if
appropriate. The diversion plan may be for a reasonable period not to exceed 180 days. Upon
successful completion, the case shall be closed and reported as successful to the Court.
VII. Diversion Agreement There shall be a written binding Diversion Agreement that contains the
components required in Article 45.309 & 45.310 of the Texas Code of Criminal Procedure. (See
Appendix B for applicable law). The objectives shall a.) consider the child’s circumstances, b.) be
rationally relevant
to the alleged conduct, c.) be realistic to accomplish, and d.) be in the best interest of the
child and the community. The written agreement shall contain the following components as required
by law: A. An identification of the alleged conduct and diversion agreement terms in clear and
concise language understandable to the child. B. Positive and negative consequences of successful
completion of, or failure to comply with, the terms of the diversion agreement. C. An explanation
that a guilty plea is not required, and that participation is not an admission of guilt. D. An
explanation of the review and monitoring process of compliance with the diversion agreement. E. The
agreed length of the diversion plan. F. Signatures of the child and parent indicating each’s
consent to diversion, with the understanding that diversion is optional. Notification that the
child and/or the child’s parent may terminate the diversion at any time, and acknowledgement that
upon termination, the case will be referred to court.
VIII. Referral to Court - Prosecutor Objection, Declined Intermediate Diversion or Unsuccessful
Completion If the Prosecutor objects, the child and/or parent decline(s), or the child does not
successfully complete the Intermediate Diversion Program, the case shall be set for a non
adversarial hearing before the assigned Juvenile or Presiding Judge. The Judge will confer with all
interested parties to determine what is in the best interest of the child, what protects the
long-term safety of the community, and whether to: A. Declare the diversion unsuccessful, and/or B.
Amend or set aside terms in the Diversion Agreement. C. Extend the diversion period not to exceed
one year from the initial start date. D. Continue the hearing for not more than sixty (60) days to
allow additional time for compliance with the terms of the agreement. E. Require the parent(s) to
perform any act, or refrain from performing any act, which the Court determines will increase the
likelihood the child will successfully complete the diversion and comply with any order of the
court that is reasonable and necessary for the welfare of the child. F. Find substantial compliance
and successful completion. G. Refer the case to the prosecutor for filing. H. Transfer the case to
Juvenile Court for an alleged Child in Need of Supervision (CINS) under Section 51.08 of the Texas
Family Code.
IX. Court Proceedings If the diversion is determined unsuccessful, or the child and/or parent
declines the Intermediate Diversion, upon filing of a complaint by the Prosecutor the case shall be
set on a regular Juvenile Docket. If the case proceeds to trial, it shall be assigned to the
Presiding Judge or an assigned Associate Judge, other than the originally assigned Juvenile Judge,
and will proceed to disposition in accordance with Texas Code of Criminal Procedure Article 45.041
(a-2) & (b-3).
APPENDIX A Diversion program components consist of:
• Case Management case plan - required regular meetings with Juvenile Probation and/or the County
Attorney, determined on a case-by-case basis and if ordered by the Court.
• School visits, where deemed appropriate and necessary.
• Online Tabacco Awareness Course
• Online Alcohol Awareness Course
• Online or in person Anger Management and conflict resolution classes will help participants
understand what to do when anger is out of control. Topics covered: A Self-Scoring Assessment,
Controlling Anger, Setting Boundaries, Assertive vs. Aggressive Behavior, Family Conflict
Management, and General Conflict Resolutions Skills. • Counseling resources The Diversion Program
coordinator will provide a list of counseling resources, should a child be ordered to
complete counseling services. The provider list will include information for mental health care in
areas such as addiction and recovery, child and adolescents, marriage and family, and anxiety and
depression.
• Tutoring and/or in school tutorials. Parents also receive:
• Face-to-face meetings with the Court Juvenile Probation
• Educational materials.
• A written copy of the youth diversion action plan and agreement.
• Access to help line for children addicted to nicotine. * This is not an exhaustive list of
program components. Other resources may be added, or existing components removed consistent with
applicable law, when considered appropriate by the Court.
APPENDIX B Applicable law may be found at the following links:
Texas Code of Criminal Procedure Article 45.301 – Definitions (public.law) Texas Code of Criminal
Procedure Article 45.302 – Applicability (public.law)
Texas Code of Criminal Procedure Article 45.303 – Transfer to Juvenile Court Not Affected
(public.law) Texas Code of Criminal Procedure Article 45.304 – Diversion Eligibility (public.law)
Texas Code of Criminal Procedure Article 45.305 – Diversion Strategies (public.law) Texas Code of
Criminal Procedure Article 45.306 – Youth Diversion Plan (public.law)
Texas Code of Criminal Procedure Article 45.307 – Youth Diversion Coordinator (public.law) Texas
Code of Criminal Procedure Article 45.308 – Diversion Agreement (public.law)
Texas Code of Criminal Procedure Article 45.309 – Intermediate Diversion (public.law)
Texas Code of Criminal Procedure Article 45.310 – Diversion by Justice or Judge (public.law) Texas
Code of Criminal Procedure Article 45.311 – Referral to Court (public.law)
Texas Code of Criminal Procedure Article 45.312 – Local Youth Diversion Administrative Fee
(public.law)
Texas Code of Criminal Procedure Article 45.313 – Diversion Records (public.law)