Tribe: Absentee-Shawnee Tribe of Indians of Oklahoma
§319 Child Abuse and Child Neglect Diversion Program
(a) The Tribal Prosecutor, upon recommendation of a Tribal Department or any person, may
withhold filing a case against any person accused or suspected of child abuse or neglect
and refer that person to a nonjudicial source of treatment or assistance, upon conditions
set forth by the Indian Child Welfare Department and the Tribal Prosecutor. If a person is
so diverted from the criminal justice system, the Tribal Prosecutor shall not file charges
in connection with the case if the person participates to the satisfaction of the Indian
Child Welfare Department and the Tribal Prosecutor in the diversion program offered.
(b) The initial diversion shall be for a period not to exceed two (2) years. This diversion
period may be extended for a one (1) year period by the Tribal Prosecutor, if necessary.
Decisions regarding extending diversion time periods shall be made following review of
the person diverted by the Indian Child Welfare Department and the Tribal Prosecutor.
(c) If the person diverted successfully completes the diversion program to the satisfaction of
the Indian Child Welfare Department and the Tribal Attorney, said person shall be
released from the terms and conditions of the program, and no criminal filing for the case
shall be made.
(d) Participation by a person accused or suspected of child abuse in any diversion program
shall be voluntary.