Tribe: The Muscogee (Creek) Nation
§ 1–703. Deferred adjudication
A.
Prior to the filing of a petition, either the CFSA or the Prosecutor with
the consent of the CFSA may divert any children’s case from the court process
through use of a deferred adjudication, except a case subject to prosecution as a
major crime or subject to Title 6, § 1–706.
B. A deferred adjudication shall be made by entering into a contract with
the child’s parents, guardian, or other custodian whereby the parent, guardian
or other custodian agrees to undergo specified treatment for the condition
noticed, including an agreement to do or refrain from doing certain acts and
the CFSA or Prosecutor on behalf of the Nation agrees not to file a petition in
the case so long as the parent, guardian, or other custodian comply with the
contract.
C.
1.
Each such contract shall contain the following:
The specific facts or allegations, including dates, which gave rise to the
condition addressed by the contract.
2.
The specific treatment programs the parents, guardian, or custodian
agree to successfully complete and their duration.
3.
The specific facts which the parents, guardian, or custodian agree to do
or to refrain from doing.
4.
The specific treatment or other social services to be offered by the Nation
or the Bureau of Indian Affairs and accepted by the family.
5.
A fixed, limited time for the contract to run not exceeding one (1) year. 6. That the Prosecutor will not file a petition on the subject of the contract
for the facts or allegations stated if the parents, guardian, or custodian comply
with the contract terms for the full term of the contract.
7.
That each party has received a copy of the contract.
D. No diversion contract may place physical custody in any person or
agency other than the parents, guardian, or other legal custodian unless it bears
the approval in writing of a Judge of the District Court.
[NCA 01–126, § 403, approved Aug. 9, 2001.]
§ 1–704. Deferred adjudication admissible
The deferred adjudication contract and any statements or admissions of the
parties made in negotiating or fulfilling the terms of the contract are admissible
as evidence. The parents, guardian, or custodian may prove the contract and
show their compliance with the terms thereof as a defense to a petition filed
concerning the matter of the contract. Upon a showing of compliance with the
terms of the contract the Court shall dismiss the petition unless it determines by
evidence beyond a reasonable doubt that the child is in imminent danger of
severe physical or mental harm.