Tribe: Quapaw Nation
§43 Def err al of Proceedings
A. The Court may defer delinquency adjudication proceedings for one hundred
eighty (180) days, plus an additional one hundred eighty (180) days, if the
child:
1. Is alleged to have committed or attempted to commit a delinquent offense
that, if committed by an adult, would be a misdemeanor or a felony;
2. Enters into a stipulation that the allegations are true or that sufficient
evidence exists to meet the burden of proof required for the Court to sustain
the allegations of the petition; and
3. Has not been previously adjudicated a delinquent.
B. If the child is alleged to have committed, or attempted to commit, a
delinquent offense that if committed by an adult would be a felony, the
deferral shall be upon agreement of the Quapaw Nation Prosecutor. During
such period of deferral, the Court may require the following:
1. Participation in or referral to counseling, community service, drug and/or
alcohol education and treatment, vocational training or any other legal
activity which would be beneficial to the child and the family of the child;
2. Require the child to undergo a behavioral health evaluation and, if
recommended, undergo appropriate care or treatment; 3. Restitution payments by the parents or child, or both, to the victim who was
physically injured or who suffered loss of or damage to property as a result
of the conduct alleged;
4. An alternative diversion program, including Quapaw Nation Healing to
Wellness Court; or
5. Any other programs and services that may be provided through public or
private agencies, as approved by the Court.
C. The Court shall dismiss the case with prejudice at the conclusion of the
deferral period if the child presents satisfactory evidence that the requirements
of the Court have been successfully completed.
1. The Court may order a one hundred eighty (180) day extension of the
deferral period if the Court determines that the child has made satisfactory
progress and that such extension is necessary to accomplish treatment goals
and objectives.