Tribe: The Muscogee (Creek) Nation
§ 1–705. Court diversion by stipulation
A.
After filing of a petition but prior to the entry of an order sustaining the
petition, the Prosecutor with the consent of the CFSA, may divert any children’s
case, except a case subject to prosecution as a major crime or subject to Title 6,
§ 1–706, from the adjudicatory process with the consent of the respondents and
the Court by obtaining consent decree if:
1.
The Court has informed the child and his parents, guardian, or legal
custodian, and the Court believes they understands said information regarding
their rights to:
a.
Deny the allegations of the petition and require the Prosecutor to prove
each allegation by admissible evidence;
b.
Confront and cross-examine the witnesses against them and to call
witnesses on their own behalf;
c.
Refuse to testify against themselves or each other in delinquency cases;
d.
A trial by a jury of six (6) persons at the adjudicatory stage, where a jury
trial is available;
e.
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.
2.
Written consent to the stipulation is obtained from the parents, guardian,
or legal custodian and the child if of sufficient age and understanding.
3.
The CFSA has prepared a treatment plan for the family to be incorporat
ed into the consent decree which distinctly states: a.
Title 6, § 1–707
A statement that CFSA has consulted with the child’s parents in develop
ment of the plan or a brief summary of CFSA’s attempt to obtain such
consultation and explanation why such attempt failed.
b.
The specific treatment programs the parents, guardian, or custodian, or
child agree to successfully complete and their duration.
c.
The specific treatment or other social services to be offered by the CFSA
and accepted by the family.
d.
The specific acts which the parents, guardian, or custodian or child agree
to do or to refrain from doing.
e.
The person or agency to be vested with custody of the child if the child
cannot remain in its own home, the specific provisions of subparagraphs (b),
(c), and (d) of this paragraph which must be completed or accomplished for a
specific duration before the child is returned to its own home, and the period of
supervision of the child in its own home.
B. After all parties have consented, the Court shall review the treatment
plan and if the Court agrees that the plan is satisfactory, shall order all parties
by the consent decree to abide by the provisions of the treatment plan. The
consent decree shall be monitored and modified as in other dispositions,
provided, that if the family fails to comply with the treatment plan, the Court,
on motion of the Prosecutor shall proceed with the adjudication.
C.
A consent decree shall remain in effect for not exceeding one (1) year,
provided, that upon notice of hearing the Court may extend the force of the
decree for an additional term of one (1) year with the consent of the parties.
The adjudication shall be continued during the term of the consent decree and
thereafter dismissed if the decree is complied with. […] § 1–706. Limitation on 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 (12) months or has been handled by informal adjustment for a
delinquent act in the preceding twelve (12) months.