Tribe: Sac & Fox Nation, Oklahoma
Section 511. Child Abuse and Child Neglect Diversion Program
(a)
The Tribal Attorney General, upon recommendation of the 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 Tribal
department and the Tribal Attorney General. If a person is so diverted from
the criminal justice system, the Tribal Attorney General shall not file charges
in connection with the case if the person participates to the satisfaction of
the Tribal department and the Tribal Attorney General 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 one (1) additional one year
period by the Tribal Attorney General if necessary.
Decisions regarding
extending diversion time periods shall be made following review of the person
diverted by the Tribal Attorney General and the Tribal department.
(c)
If the person diverted successfully completes the diversion program
to the satisfaction of the Tribal department and the Tribal Attorney General,
he shall be released from the terms and conditions of the program, and no
criminal filing for the case shall be made against him.
(d)
Participating by a person accused or suspected of child abuse in
any diversion program shall be voluntary.