Juvenile Immediate
Intervention FAQs
- Why has a charge been filed against my child?
- What if my child is not guilty?
- Does my child need a lawyer?
- Can I see a copy of the police report?
- Will my child be required to go to court?
- What is diversion?
- What must we do to apply for diversion?
- What is the cost of diversion?
- What is the difference between diversion and probation?
- What are the conditions that my child must complete?
- How will I know if my child has been accepted for
diversion?
- What if the information such as name, address and date of birth
on the complaint are not correct?
- What if my child no longer lives in this area?
- What if my child has caused damage or injury to the victim?
If you have any further questions, please call (913)
715-7400.
Why has a charge been filed against my child?
Police reports involving juveniles are sent to the District Attorney's Office.
After reviewing the police report, the District Attorney's Office decides if charges
should be filed. The charge is based on the police report and information received by the
District Attorney's Office.
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What if my child is not guilty?
Juveniles must be willing to accept
responsibility for the act(s) charged in order to be accepted into the
diversion program. If a child believes he/she is not guilty,
then the attorney or Court Services should be contacted to have the case set
for a court hearing.
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Does my child need a lawyer?
The answer to this question depends on whether a court hearing will be held.
Kansas law requires an attorney to represent a juvenile only at court
hearings.
- Informal Cases. Some cases will have the opportunity for "informal"
diversion. This means that the application and contract can
be mailed to the juvenile and a court hearing is not necessary. An
attorney is not required during this process. But it is important to note
that if a parent or child has any significant questions or concerns about
this process, then the advice of counsel should be sought immediately.
- Formal Cases. If a court
hearing is scheduled, then diversion is still a possibility.
Kansas law requires that an attorney represents the child in court. The
court will immediately appoint an attorney. If an attorney is appointed by
the court, they will be awarded fees by the court for any time spent on
the case. Attorney fees are usually awarded at the rate of $65 per hour, and the court usually
assesses those fees to the parents/guardians at the conclusion of the
case. If a family chooses to hire a private attorney, then the
family is directly responsible to that attorney for any fee incurred during
the representation of the child.
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Can I see a copy of the police report?
In order to obtain information regarding the police report, you will need to contact
your child’s attorney and have them contact the Johnson County District
Attorney’s Office, Juvenile Division. If the juvenile is not
represented, then the District Attorney's Office will allow a parent or
guardian to come to their office to review the report.
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Will my child be required to go to court?
If your child is accepted for informal diversion a court hearing will not be
necessary. If you and your child choose not to accept diversion or if your child does not
meet the guidelines for informal diversion, a court hearing will be scheduled.
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What is Immediate
Intervention?
Basically, it is a "second chance." Juveniles who are accepted and
successfully complete the program will have their charges dismissed.
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What must we do to apply for
diversion?
- First, application must be filled out completely and returned to Court
Services.
- In some cases a drug/alcohol evaluation must be obtained as part of the
application process. This must be completed at a court approved adolescent
agency. If requested, the
evaluation must be completed within two (2) weeks. It is necessary for at
least one parent to accompany the child to the evaluation. The facility will
then be responsible for forwarding the completed application and evaluation
to Court Services.
- If the case has been scheduled for court, then a drug screen must be
submitted as part of the application. The results of this screen will be
considered in determining whether to approve the application, or in deciding which
conditions to include in the contract. Court Services will provide
additional information at the court hearing.
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What is the cost of
diversion?
The fees for the program range from $160 to $310 depending on the level of
contract which includes the court filing fee. This fee must be paid at
the beginning of the program.
In most cases, there will be additional costs associated with education
and/or treatment requirements. The respondent and/or family are responsible
for working out payment arrangements with all private providers.
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What is the difference between
diversion and probation?
If all conditions of diversion are completed, your child will
not have a formal juvenile record. If probation is ordered, it is a
formal finding by the judge. Therefore your child would have a formal
juvenile record.
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What are the conditions that my child must complete?
The focus of the diversion program is education and/or
treatment. The following are conditions that will be included in all
contracts:
- Obey the laws and parents
- Attendance at school or participation in a G.E.D. program
- Participation in an education group
- Victim restoration (if applicable)
- Community service for non-profit organization
Among other conditions that may be included are:
- Drug and alcohol counseling and drug screens
- Curfews
- Mental health treatment
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How will I know if my child has been accepted for
diversion?
If your child is accepted for diversion, the assigned Court Services Officer will
contact you by mail. At your first scheduled meeting, your child’s officer will
provide you with all of the information that is necessary to complete the
diversion
requirements.
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What if the information such as name, address and date of birth
on the complaint are not correct?
Please note the corrections on a separate sheet of paper and return with the
diversion
application or contract.
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What if my child no longer lives in this area?
Those juveniles who are either eligible for or on level I or II contracts will be allowed to complete their
contract outside the area. However, those juveniles who are either
eligible for or on level III or IV, or other
specialized contracts must contact their Court Services Officer immediately.
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What if my child has caused damage or injury to the victim?
Your child would be required to show written proof or verification that he or she has
repaid any monetary loss to the victim as a result of the incident. This is called
restitution.
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Johnson County Court Services