Tribe: Miami Tribe of Oklahoma
Section 705 Initial Hearing – Discretionary Dismissal. A. The Juvenile Court may, upon its own motion or the motion of the child, dismiss the
delinquency petition if: 1. The Juvenile Court finds that the alleged conduct did not actually cause or
threaten the harm sought to be prevented by the statute defining the alleged
delinquent act, or did so only to a trivial extent; 2. The Juvenile Court finds that the alleged conduct cannot reasonably be
regarded as within the contemplation of the Miami Tribe in enacting the
statute defining the alleged delinquent act; 3. The alleged victim is a member of the child’s family, and the Juvenile Court
finds that the alleged conduct may be more appropriately addressed by the
child’s parent, guardian, or custodian; 4. The child’s acts or living environment would be better addressed by a
proceeding under the Child Welfare Code; or 5. Upon the recommendation or agreement of the alleged victim, the Juvenile
Court finds that the alleged conduct may be more appropriately addressed, by
voluntary restitution or other conciliatory efforts or conduct on the part of the
child or by the child’s participation in community-based alternatives.