41-3-305. (Temporary) Child abuse and neglect court diversion pilot project. (1) There is a child abuse and neglect court diversion pilot project. The purpose of the pilot project is to use meetings facilitated by a court diversion officer to informally resolve cases, prior to the filing of an abuse and neglect petition under Title 41, chapter 3, part 4, in which the department has exercised emergency protective services pursuant to 41-3-301 and has removed a child from the custody of a parent, guardian, or other person having physical or legal custody of the child or cases in which the department has provided voluntary protective services pursuant to 41-3-302.

(2) (a) The office of the court administrator provided for in Title 3, chapter 1, part 7, shall administer the pilot project, including:

(i) selecting judicial districts in which to implement the pilot project;

(ii) hiring court diversion officers to staff a pilot project in each of the selected judicial districts; and

(iii) establishing and measuring performance benchmarks.

(b) The office of the court administrator shall report to the law and justice interim committee regarding the administration and performance of the pilot project.

(3) (a) (i) Within 2 working days of an emergency removal pursuant to 41-3-301 of a child from a parent, guardian, or other person having physical or legal custody of the child or within 2 working days of the termination of a voluntary protective services agreement, the department and the parent, guardian, or other person having physical or legal custody of the child from whom the child was removed or with whom a voluntary protective services agreement was terminated may, if the requirements of subsection (3)(a)(ii) are met, enter into a written agreement to participate in the pilot project for a period of not more than 180 days from either the date of the emergency removal or the date the child was placed in a temporary out-of-home protective placement pursuant to a voluntary protective services agreement or, if voluntary protective services were provided and the child remained in the home, the date the voluntary protective services agreement was terminated. Execution of the written agreement to participate in the pilot project suspends the requirements provided in 41-3-301(6) for a period of not more than 180 days. A party to the written agreement to participate in the pilot project may terminate the agreement at any time.

(ii) Before a person may enter into a written agreement to participate in the pilot project, the person:

(A) must be informed in writing of the person's rights, including:

(I) advisement on the person's rights if the person voluntarily participates in the pilot project or chooses not to participate in the pilot project; and

(II) advisement that the person may have another person of the person's choosing present whenever the terms of the written agreement to participate in the pilot project or the terms of the written diversion plan are under discussion with the department or the court diversion officer; and

(B) shall sign and acknowledge that the person fully understands the person's rights and voluntarily agrees to participate in the pilot project.

(b) Within 15 working days of executing the written agreement to participate in the pilot project, the parties shall meet with the court diversion officer and execute a written diversion plan for the case, subject to the court diversion officer's approval, which may include but is not limited to:

(i) an ongoing out-of-home placement of the child for a period of not more than 180 days from the date of the emergency removal or initiation of the temporary out-of-home protective placement; and

(ii) any other terms or conditions agreed to by the parties, including referrals to other service providers, that would allow the child to safely return to the home within the time period covered by the agreement or safely remain in the home.

(c) The written diversion plan may be amended in writing with the approval of the court diversion officer.

(d) If a written diversion plan is not executed by the parties, is not approved by the court diversion officer under this subsection (3), or is not successfully completed or if reunification of the child with the parent, guardian, or other person having physical or legal custody of the child will not occur before the written agreement to participate in the pilot project expires, the department shall terminate the written agreement to participate in the pilot project and initiate the process for filing a petition for child abuse and neglect under Title 41, chapter 3, part 4. The social worker shall submit an affidavit regarding the circumstances of the emergency removal or the provision of voluntary protective services and a copy of the written agreement to participate in the pilot project, as well as the written diversion plan if one exists, to the county attorney within 10 working days of the termination of the written agreement to participate in the pilot project.

(e) An audio recording must be made of each meeting that a court diversion officer has with the parties.

(4) A party involved in the pilot project does not have a right to counsel prior to the filing of an abuse and neglect petition.

(5) A court may consider any services that are provided as part of the pilot project when making findings required under Title 41, chapter 3, parts 4 and 6. (Terminates June 30, 2019-- secs. 5, 7, Ch. 141, L. 2017.)