Child Abuse and Child Neglect Diversion Program

Title II Children's Code § 2.810

Tribe: Saginaw Chippewa Indian Tribe of Michigan

§2.810 Child abuse and child neglect diversion program.
(a) The tribal prosecutor, 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 non-judicial source of treatment or assistance, upon conditions set forth by the tribal 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 tribal department and the tribal prosecutor in the diversion program offered.
(b) The initial diversion shall be for a period not 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 tribal department.
(c) If the person diverted successfully completes the diversion program to the satisfaction of the tribal department and the tribal prosecutor, 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) Participation by a person accused or suspected of child abuse in any diversion program shall be voluntary.

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