Tribe: Absentee-Shawnee Tribe of Indians of Oklahoma
§514 Deferred prosecution Agreements/Contracts
(a) Prior to the filing of a Petition, either the Cowt, or the Tribal Prosecutor with the consent
of the Indian Child Welfare Department may divert any children’s case, except a case
subject to §506 of this Code from the court process.
(b) Diversion 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 Indian Child Welfare Department and the Tribal
Prosecutor agree not to file a petition in the case so long as the parent, guardian, or other
custodian comply with the contract.
(c) Each such contract shall contain the following: (1) 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 Tribe or other
agencies and. accepted by the family.
(5) A fixed, limited time for the contract to run not exceeding one year.
(6) That the Tribe 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 each of 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 Juvenile Court.
§515 Deferred Prosecution Agreements/Contracts Admissible
The diversion contract and any statements or admission of the parties made in negotiating or
fulfilling the terms of the contract are admissible as evidence. “he parents, guardian, or custodian
may choose to 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.