Tribe: Quapaw Nation
§23 Diversion by Consent Decree
A. After the filing of a petition alleging a child to be deprived, the Quapaw
Nation Prosecutor, with the consent of the Quapaw Nation Indian Child
Welfare Program, the respondent( s) and the Court may divert an Indian Child
Welfare case by Consent Decree if:
1. The Court has informed the child and the parent(s), custodian(s), or
guardian( s) of their rights and only after the Court has reason to believe that
they actually understand their legal rights;
2. Written consent to the decree is obtained from the parent(s), custodian(s),
or guardian(s), or other respondents; and
3. The Quapaw Nation Indian Child Welfare Program has prepared an
Individualized Service Plan (ISP) for the respondents, which will be
incorporated into the Consent Decree and shall state:
a. The specific treatment programs the respondents agree to successfully
complete; b. The specific acts which the respondents agree to do or to refrain from
doing; and
c. The person or agency to be vested with custody of the child, if the
child cannot remain in their own home.
B. After all parties have consented, the Court shall review the ISP and, should
the Court find the ISP satisfactory, order all parties to the Consent Decree to
abide by the provisions of the ISP.
C. A Consent Decree shall remain in effect for no more than one ( 1) year, and
may only be extended for another period of one (1) year, by order of the
Court.