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Toolkit on Diversion and Alternatives to Detention

Sample Forms and Guidelines

• Checklists
• MOUs (memoranda of understanding)
• TORs (terms of reference)
• Sample letters & reports
• Sample record-keeping / data collection forms
Malawi checklist for diversion processes [Word 38kb]
Concept note for a workshop to develop a common understanding among all stakeholders (NGOs, Magistrates, Prosecutors, Probation Officers and Paralegal Officers) of all the processes that are involved in diversion [no dates or other information available provided]. Includes checklists of questions to think about when developing processes, e.g.: assessment, referral system, contracts to be signed by the child, report writing and data collection forms.

'Checklist: Juvenile Court Protocol For Magistrates', Magisterial Service of Papua New Guinea [Word 58kb]
Simple checklist for magistrates to complete (one per case of child in conflict with the law) to ensure that treatment and options have been in conformity with the law – includes diversion and alternatives and: a brief reminder of relevant laws (p1); actual checklist (p2); and summary of roles and responsibilities regarding record keeping (p3).
MOUs (memoranda of understanding)
Malawi MOU between National Juvenile Justice Forum and Youthnet and Counselling (YONECO) NGO [Word 40kb]
Sample MOU between two organisations to implement and facilitate diversion programmes for children in conflict with the law as well as children at risk of offending. 
TORs (terms of reference)
USA - 'Juvenile Diversion Officer', Campbell County, Gillette, Wyoming [no date] [Word 41kb]
Sample job description / TOR. Main aims of the post: To monitor, assist and guide a juvenile and the juvenile's family towards successful completion of the Diversion Program; implement and follow the requirements of the Juvenile Diversion Contract; supervise juvenile and juvenile's parents/guardians to ensure compliance with the contract; report non-compliance to Municipal and Circuit Courts.
Sample letters & reports
Malawi introduction letter for a child entering a diversion programme [Word 22kb]
Sample letter with blanks to fill in organisation name, dates & other details, encouraging the child to commit to the project as well as giving practical details.

Malawi referral letter from court to NGO implementing diversion programme [Word 28kb]
Sample letter with blanks to fill in the details of the child and NGO to which the court is referring the child for diversion.

Malawi report from NGO implementing diversion to court on child's completion of diversion programme [Word 26kb]
Sample report form from NGO to court on completion of diversion programme and recommendations to the court on the course of action to be taken next.
Sample record-keeping / data collection forms
Malawi register of children screened for diversion [Word 30kb]
Register of children undergoing diversion programmes: to be kept by Prosecutors, Paralegal Officer, Probation Officers and Juvenile Justice Officer. 1-page record including name, age, address of child, court & docket case numbers, investigating officer, charge(s), reason for diversion, comments of Probation Officer and manner of disposal.

Malawi psycho-social report to assess and recommend child for diversion [Word 34kb]
Sample psycho-social report form to be filled out by Probation Officer, Paralegal Officer or Juvenile Justice Officer on the request of a court. Includes space for the author to recommend specific diversion programmes.

USA - 'Diversion Contract', Department of Juvenile Justice and Delinquency Prevention, North Carolina, USA, August 2006 [Pdf 222kb]
Sample diversion contract signed by child, parent/guardian and Court Counsellor.

The Philippines: 'Guidelines in the Conduct of Diversion for Children in Conflict with the Law', Republic of the Philippines, Department of Social Welfare and Development, April 2008 [Pdf 11.9 Mb]
Official guidelines for Department of Social Welfare. Outlines diversion process in detail, including flowchart on page 6, steps involved, roles of different institutions & a series of Annexes: A. Phases & processes of mediation; B. Guidelines in interviewing children; C. Protocols in conducting diversion proceedings; D. Forms of diversion programmes; E. Diversion contract (in Filipino & English); F. Certification of failure of diversion proceedings (CICL does not agree, or diversion is not appropriate); G. Diversion programme monitoring form; H. Certification of failure of diversion (failure to comply with diversion contract); I. Diversion programme terminal report; J. Diversion process reporting format. [Warning: large file size]



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