Tribe: The Osage Nation
§ 5-114. Deferred prosecution agreements/contracts.
A. Prior to the filing of a petition, either the Court or the Tribal Prosecutor, with the consent of the Indian Child
Welfare Department, may divert any children’s case, except a case subject to Section
5-106 of this Title, 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.
4.
The specific facts which the parents, guardian or custodian agree to do or to refrain from doing;
The specific treatment or other social services to be offered by the Osage Nation or other agencies and
accepted by the family;
5.
6.
A fixed, limited time for the contract to run, not exceeding one year;
That the Osage Nation 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 Court. […] § 5-115. Deferred prosecution agreements/contracts admissible.
The diversion 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 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.