Rule Text
A. An informal adjustment agreement shall set forth in writing the terms and conditions of the child's supervision during the term specified in the agreement. It shall be signed by the district attorney or the probation officer and by the child and his parents.
B. It must demonstrate that the child and his parents understand the child's right to an adjudication hearing on the offense. It must also demonstrate that they consent to the terms of the adjustment agreement with knowledge that their consent is not obligatory and with knowledge of the effect of the agreement as set out hereinafter in Article 841.
C. The initial period of informal adjustment shall not exceed six months; however, the court may extend the agreement for additional periods of six months, not to exceed a total of two years.
D. If a petition has been filed, the adjustment agreement shall be filed in the record.
Amendment history: Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2009, No. 213, §1.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When a child's case is handled through an informal adjustment instead of going straight to court, the agreement has to be put in writing. This document spells out the rules the child must follow and how long they apply. Both the district attorney or probation officer and the child and parents must sign it.
The agreement also has to show that the child and parents understand something important: the child has a right to a formal hearing where a judge decides on the offense. By signing, the family is giving up that hearing for now, and the agreement must make clear they know this choice is voluntary, not required. It also has to show they understand what happens if the child does not follow the agreement's terms.
These agreements usually last up to six months at first. If more time is needed, the court can extend it in six month blocks, but the whole thing cannot go on for more than two years total. If a formal petition has already been filed with the court before this agreement is reached, a copy of the agreement must be placed in the official case file.
