Child Abuse/Neglect Diversion to Treatment

Kickapoo Tribe of Oklahoma Juvenile Ordinance, Article 186

Tribe: Kickapoo Tribe of Oklahoma

ARTICLE 186. CHILD ABUSE AND CHILD NEGLECT DIVERSION PROGRAM

a. The Tribal Attorney General, upon recommendation of the Indian Child Welfare 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 Indian Child Welfare 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 satisfactions of the Indian Child Welfare 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 (1) 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 Indian Child Welfare Department.

c. If the person diverted successfully completes the diversion program to the satisfaction of the Indian Child Welfare Department and the Tribal Attorney General, he/she shall be released from the terms and conditions of the program, and no criminal filing for the case shall be made against him/her.

d. Participating by a person accused or suspected of child abuse in any diversion program shall be voluntary.

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