Termination of informal adjustment

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  1. If it appears to the informal adjustment counselor that the child and his parent, guardian or custodian:
    1. have complied with the terms and conditions of the informal adjustment agreement; and
    2. have received the maximum benefit from the informal adjustment process, the informal adjustment counselor shall terminate the informal adjustment process and dismiss the child without further proceedings. The informal adjustment counselor shall notify the child and his parent, guardian or custodian in writing of the satisfactory completion of the informal adjustment and report such action to the youth court.
  2. If it appears to the informal adjustment counselor that further efforts at informal adjustment would not be in the best interests of the child or the community, or that the child or his parent, guardian or custodian:
    1. denies the jurisdiction of the youth court;
    2. declines to participate in the informal adjustment process;
    3. expresses a desire that the facts be determined by the youth court;
    4. fails without reasonable excuse to attend scheduled meetings;
    5. appears unable or unwilling to benefit from the informal adjustment process, the informal adjustment counselor shall terminate the informal adjustment process. If the informal adjustment process is so terminated, the intake unit shall reinitiate the intake procedure under Section 43-21-357. Even if the informal adjustment process has been so terminated, the intake unit shall not be precluded from reinitiating the informal adjustment process.


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