Tribe: Absentee-Shawnee Tribe of Indians of Oklahoma
§516 Court Diversion by Stipulation
(a) After filing a petition, Indian Child Welfare and the Tribal Prosecutor may divert any
children’s case, except a case subject to §506 or §517 of this Code from the adjudicatory
process with the consent of the respondents and the Court by stipulation to the validity of
the allegations in the petition if:
(1) The Court has informed the child and his parents, guardian, or custodian of their
rights to:
(i) deny the allegations of the petition and require the Tribe to prove each
allegation by admissible evidence;
(ii) confront and cross-examine witnesses against them and to call witnesses
on their own behalf;
(iii) refuse to testify against themselves or each other in delinquency cases;
(iv) a trial by a jury of six persons at he adjudicatory stage where a jury trial is
available;
(v) be represented by counsel at their own expense at each stage of the
proceedings, and, to the extent counsel is available at no fee, to have
counsel appointed for them if they cannot afford private counsel;
(vi) and the Court believed they understand their rights.
§517 Limitation of Diversions
No child shall be handled by informal adjustment where the child referred to the Court by any person has had any sustained petition for delinquency in the preceding twelve months or has been handled by informal adjustment for a delinquent act in the preceding twelve months.
§529. Court Diversion
At any time during the adjudicatory process, but prior to the entry of order sustaining the
petition as provided in §531 of this Code, a Court Diversion by virtue of Stipulation maybe
entered as provided in §516 of this Code.