Tribe: Winnebago Tribe of Nebraska
4-511 Child abuse and child neglect diversion program. 1. The Tribal prosecutor, upon recommendation of the 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
non-judicial source of treatment or assistance, upon conditions set forth by the 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 Department and the Tribal prosecutor in the diversion program offered. 2. The initial diversion shall be for a period not to exceed two years. This diversion period may be
extended for one additional one 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 Tribal prosecutor and the Department. 3. If the person diverted successfully completes the diversion program to the satisfaction of the
Department and the Tribal prosecutor, he/she shall be released from the terms and conditions of
the program, and no criminal filing of the case shall be made against him/her. 4. Participation by a person accused or suspected of child abuse in any diversion program shall be
voluntary. [TCR 86-79, 24-02]