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- 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 Diversion?
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 $195 to $345 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
- Victim restoration (if applicable)
- Community service for non-profit organization
- No association with co-respondent or anyone currently on diversion or probation
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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