Youth Diversion

Purpose
H.B. 3186 (88th Legislative Session), the Texas Youth Diversion and Early Intervention Act, increases opportunities for early identification of at-risk youth and redirecting juveniles accused of certain Class C misdemeanors.  

Eligibility
Juveniles (at least 10 years of age and younger than 17 years of age) charged with non-traffic offenses are eligible for Diversion if it is found that it is in the best interest of the child and promotes the long-term safety of the community with the following exceptions:

-The child is charged with a misdemeanor offense, punishable by fine only, other than a traffic offense.
-A child has not entered into a diversion agreement in the past 365 days.
-A child is not eligible for diversion if the child previously had an unsuccessful diversion.
-A child is not eligible for diversion if a diversion is objected to by the attorney representing the state.
-A child may not be diverted from criminal prosecution without the consent of the child and the child’s parent/guardian.

If the juvenile is eligible for diversion from prosecution, the judge will inform both the juvenile and their parent of the available options during the arraignment.