(a) If provided by a youth diversion plan, a youth diversion coordinator or juvenile case manager shall advise the child and the child’s parent before a case is filed that the case may be diverted under this article for a reasonable period not to exceed 180 days if:
(1) the child is eligible for diversion under Article 45.304;
(2) diversion is in the best interests of the child and promotes the long-term safety of the community;
(3) the child and the child’s parent consent to diversion with the knowledge that diversion is optional; and
(4) the child and the child’s parent are informed that they may terminate the diversion at any time and, if terminated, the case will be referred to court.
(b) The terms of a diversion agreement under this article must be in writing and may include any of the diversion strategies under Article 45.305.

Terms Used In Texas Code of Criminal Procedure 45.309

  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011

(c) The case of a child who successfully complies with the terms of a diversion agreement under this article shall be closed and reported as successful to the court.
(d) A child who does not comply with the terms of a diversion agreement under this article shall be referred to court under Article 45.311.