(1) If the Court makes a determination of guilt with respect to a child, the Court may refer the matter to a family group conference for a written recommendation.
(2) If a matter is referred to a family group conference under subsection (1), an assigned officer shall be appointed by the Court to conduct the family group conference.
(3) Within fourteen days, but not later than twenty-one days after the appointment of an assigned officer, the assigned officer shall convene the family group conference by setting the time and place for the conference, and taking the necessary steps to ensure that persons who are to attend the conference are adequately notified of the time and place of the conference.
(4) The following persons shall attend a family group conference —
(a) the child and his or her parent or an appropriate adult;
(b) a person reasonably requested by the child and considered appropriate by the Court;
(c) the assigned officer;
(d) a police officer who apprehended the child, issued a summons or notice or another police officer designated by the Commissioner of Police;
(e) the victim of the alleged offence which the child committed and if the victim is under the age of eighteen years, his or her parent or an appropriate adult;
(f) the attorney-at-law representing the child, if applicable;
(g) a member of the community in which the child resides; and
(h) a person authorized by the assigned officer to attend the family group conference.
(5) The persons in a family group conference shall decide the procedure to be followed and may agree to a plan in respect of the child under subsection (6) as they consider necessary.
(6) A plan under subsection (5) —
(a) may include —
(i) the application of a diversion option, or
(ii) another plan appropriate to the child, his or her family and the circumstances, including a plan for restorative justice; and
(b) must —
(i) specify the objectives for the child and the period within which the objectives are to be achieved,
(ii) contain the details of the services and the assistance to be provided for the child and for a parent or an appropriate adult,
(iii) specify the persons or organizations to provide the services,
(iv) state the responsibility of the child and the parents or an appropriate adult, and
(v) include other matters relating to the education, recreation and welfare of the child as are relevant.
(7) An assigned officer shall record the details of and reasons for any plan agreed to at the family group conference and shall furnish a copy of the record to the Court.
(8) If a child fails to comply with a condition of the plan agreed to in a family group conference, the assigned officer shall notify the Court in writing of the failure.
(9) The Court on being notified under subsection (8) shall issue a warrant for the apprehension of the child or a written notice to the child to appear before the Court.
(10) If a person of a family group conference fails to agree on a plan, the assigned officer shall end the family group conference and refer the matter to the Court for consideration of another diversion option.
(11) The proceedings of a family group conference shall be confidential and a statement made by a person in the family group conference may not be used as evidence in subsequent court proceedings.