§ 309.1. Community based treatment referrals. 1. A youth who is
released prior to the filing of a petition shall be made aware of and
referred to community based organizations offering counseling,
treatment, employment, educational, or vocational services in which they
may voluntarily enroll or participate. Such services shall be separate
from and in addition to any adjustment services provided under section
308.1 of this part, where applicable.

2. The youth shall be advised that the service referrals are being
made as a resource and participation in them is voluntary and that
refusal to participate will not negatively impact any aspect of their
pending case. Provided, however, nothing shall preclude the youth from
voluntarily providing information, after consulting with their attorney,
demonstrating successful enrollment, participation, and completion,
where applicable, of any such services. The court shall consider any
information provided by the youth regarding such participation in the
case proceedings including but not limited to dispositional or placement
determinations. The court may require supporting documentation for any
such consideration that the youth requests, provided however, that such
information shall be maintained as confidential in accordance with any
applicable state or federal law.

3. No statements made to probation when discussing any service
referrals under this section shall be admissible in a fact-finding
hearing.