Section 45.309 - Intermediate Diversion(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. (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. Tex. Code Crim. Proc. § 45.309
Added by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 525,Sec. 2, eff. 1/1/2024, app. only to an offense committed on or after January 1, 2025.