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      CHC 630     


Art. 630.  Effect of an agreement

A.  An informal adjustment agreement shall not be considered an adjudication.  Evidence of such an agreement shall not be admissible in any adjudication hearing or criminal trial.

B.  An informal adjustment agreement suspends the proceedings on the acts alleged in the child in need of care petition.  If any of the terms of the agreement are violated, the case may proceed to an adjudication hearing on the allegations.  If the parent satisfies the terms of the agreement, he shall be discharged from further supervision, and the pending complaint or petition shall be dismissed with prejudice.

C.  An informal adjustment agreement does not suspend the elapse of time authorizing pursuit of termination of parental rights consistent with Title X.  Evidence of an agreement and the parent's compliance or lack thereof may be admissible in a certification for adoption proceeding.

D.  Any incriminating statement made by the parent to the person giving counsel or advice and in the discussions or conferences incident to the informal adjustment agreement shall not be used against the declarant over objection in an adjudication hearing or criminal trial.  Any such statement may be used in a disposition hearing in the court or for the purpose of a presentence investigation after a criminal conviction.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2001, No. 567, §1.

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