Tribe: Wyandotte Nation
Section 511. Child Abuse and Child Neglect Diversion Program.
(a) The Prosecuting Attorney, upon recommendation of the Family Services 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 Family Services Department and the Prosecuting Attorney. If a person is so
diverted from the criminal justice system, the Prosecuting Attorney shall not file charges in
connection with the case if the person participates to the satisfaction of the Family Services
Department and the Prosecuting Attorney 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 (l) additional one (1) year period by the Prosecuting Attorney if necessary. Decisions regarding extending the diversion time period shall be made following review
of the person diverted by the Prosecuting Attorney and the Family Services Department.
(c) If the person diverted successfully completes the diversion program to the satisfaction
of the Family Services Department and the Prosecuting Attorney, they shall be released from the
terms and conditions of the program, and no criminal filing for the case shall be made against
them.
(d) Participation by a person accused or suspected of child abuse in any diversion program
shall be voluntary.
