Tribe: Miami Tribe of Oklahoma
Section 508 Diversion Agreements. A. Upon the Juvenile Case Coordinator’s recommendation and Tribal Prosecutor’s
determination that the child should enter into a diversion agreement or the Juvenile
Court’s order for diversion, the child and the child’s parent, guardian, or custodian
may enter into a written diversion agreement setting forth: 1. The rights of the child and the child’s parent, guardian, or custodian under the
provisions of this Code; 2. That entry into a diversion agreement is voluntary, and that the child or the
child’s parent, guardian, or custodian may withdraw from the diversion
agreement at any time; 3. That withdrawal from the diversion agreement or failure to comply with the
conditions of the diversion agreement may lead to the filing of a petition; and 4. Particular conditions to be fulfilled by the child and the child’s parent,
guardian, or custodian over a period not to exceed six (6) months. […] Section 509 Fulfillment of Conditions. A. If the child and the child’s parent, guardian, or custodian fulfill the conditions of the
diversion agreement, no further action shall be taken and the matter shall be closed. B. If the child or the child’s parent, guardian, or custodian do not fulfill the conditions of
the diversion agreement, the Tribal Prosecutor may: 1. Confer with the child and the child’s parent, guardian, or custodian for the
purpose of effecting necessary or recommended modifications to the diversion
agreement; or 2. File a formal delinquency petition in accordance with the provisions of
Chapter 6. C. Upon finding by a preponderance of the evidence that the child and the child’s parent,
guardian, or custodian have fulfilled the conditions of the diversion agreement, the
Juvenile Court shall dismiss with prejudice any subsequent petition arising out of the
alleged incident.