Rule 9 Intake

(A) Court action to be avoided In all appropriate cases formal court action should be avoided and other community resources utilized to ameliorate situations brought to the attention of the court.

(B) Notification If formal court action is avoided pursuant to division (A) of this rule, the court shall notify the prosecuting attorney and the victim of the offense in accordance with Chapter 2930 of the Revised Code.

(C) Pre-initial appearance diversion

(1) As used in this division (C) of this rule, pre-initial appearance diversion means the redirection of a youth to intervention services prior to an initial appearance before a judge or magistrate. This does not apply to pre-trial or post-adjudication diversion.

(2) Each court using pre-initial appearance diversion shall adopt a local rule outlining its procedures and practices for using pre-initial appearance diversion.

(3) A court using pre-initial appearance diversion shall develop written guidelines outlining eligibility and process in consultation with local criminal justice partners such as law enforcement, prosecutor, public defender/court-appointed counsel, victim advocates, youth and families with prior juvenile court involvement, behavioral health providers, and community organizations. The guidelines shall include the following:

(a) Criteria for when pre-initial appearance diversion is appropriate, including the referral process, eligibility criteria, use of evidence- based screening and assessment tools, and the process by which eligibility and assessment will be applied to each individual case.

(b) Procedures for adhering to Article I, Section 10a of the Ohio Constitution and Chapter 2930 of the Revised Code, including the procedure for notifying the victim, the process by which the victim will have the opportunity to be heard, and the procedure for determining restitution. The procedure should identify which entity is making notifications to the victim at each stage of the pre-initial appearance diversion process.

(c) Procedures for accessing and sealing pre-initial appearance diversion records.

(4) A court using pre-initial appearance diversion shall notify the Supreme Court if it discontinues using pre-initial appearance diversion.