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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12807
Experience:  Experienced Licensed Attorney
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my 12 year old son is in a diversion program for breaking a

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my 12 year old son is in a diversion program for breaking a school window. His diversion officer is in his mid-40s. when I dropped my son off today for class the officer asked my son to come to his office and asked him if he wanted to play softball on thursday morning. when class was over he held my son back until all the other kids left and came out to my car with him and said he would like to pick my son up from the house thursday morn to go play softball. when I asked my son who else is going..he said the officer did not ask anyone else in the class. I feel this was completely inappropriate and now am uncomfortable with my son going to his diversion class. I do not feel I am over reacting..he should not be requesting my son to go to his office alone for any reason. what should I do? what are my rights as a concerned parent?
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am very sorry to hear about this unfortunate situation.

Is the diversion officer also a police officer?

Aside from asking your son to go play softball with him, did this diversion officer said anything inappropriate to your son or acted inappropriately toward your son?
Customer: replied 1 year ago.

No, and I want to ensure nothing does happen. I know it doesn't sound very bad, but as a parent his actions were already inappropriate as he only asked my son to go to his office alone and only invited him to play. I just have a very bad feeling about this. I tried to call him to cancel and could not get through, but did send him an email cancelling. When my son was receiving his contract the officer made it clear to drop him off as there was no need for parents to go in the waiting area. My husband and I will now go in when we drop him off and pick him up to avoid the office visit issue.
But to me..the diversion officer should know better than this.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Ellen,

I completely understand your concern and frustration with this situation.

Can you please tell me if this diversion officer is a sworn law enforcement officer?
Customer: replied 1 year ago.

I honestly do not know..following his name isXXXXX

Expert:  Alex J. Esq. replied 1 year ago.
Dear Ellen,

What city is this in, so I can review the juvenile diversion program rules and conditions?
Customer: replied 1 year ago.

xenia ohio

Expert:  Alex J. Esq. replied 1 year ago.

Dear Ellen,

Thank you for your follow up.

I have reviewed this juvenile diversion program, via their website and it appears that the juvenile diversion counselors are not sworn law enforcement officers and do not really act as a probation officers, but rather counselors, who are in charge of supervising each child who voluntarily enters the diversion program and as counselors are actually expected to monitor and communicate with the children who are placed under their supervision and the diversion program does not prohibit counselor in getting suggesting extracurricular activity with the child, however such activity has to be approved by the parents and if the child or the parents do not approve of such activity, the child cannot be forced to participate, especially if it is not stated to be part of the diversion program in the diversion contract.

Even though this counselor has not done anything illegal or even unethical at this point, the fact that you were not consulted with as parents can be clearly alarming and at this point the next step would generally be to voice your concern with the program director. The program director should investigate this situation and hopefully will come up with an amicable resolution to this issue.

You can find contact information for this diversion program director at the official link below:

http://www.co.greene.oh.us/index.aspx?NID=437

I wish you and your family the best of luck and please let me know if you have any follow up questions.

Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12807
Experience: Experienced Licensed Attorney
Alex J. Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you so much, I was worried that this could effect my sons participation in the program...but you are right about it not being in his contract. I have no problems telling him no to all activities that are not in the contract they both signed.


 


Thank you again. Ellen

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