Tribe: Quapaw Nation
§19 Diversion by Contract
A. Prior to the filing of a petition alleging a child to be deprived for reason of
child abuse or neglect, the Quapaw Nation Indian Child Welfare Program,
with the consent of the Prosecutor, may choose to withhold filing a case and
instead divert the case by offering the parent(s), custodian(s), or guardian(s) to
perform a nonjudicial plan of treatment, assistance, and/or services.
B. If the Prosecutor chooses to divert the case, no petition shall be filed as long
as the parent(s), custodian(s) or guardian(s) continues to participate in the
nonjudicial plan and successfully completes it.
C. Diversion shall be memorialized in the form of a contract between Quapaw
Nation and the parent(s), custodian(s), or guardian(s), and 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 that the parent(s), custodian(s), or
guardian(s) agrees to successfully complete and their duration;
3. The specific actions the parent(s), custodian(s), or guardian(s) is prohibited
from doing while a party to the contract;
4. The specific treatment or social services to be provided to the child by
Quapaw Nation; 5. A fixed, limited time period in which the contract will exist, not to exceed
two (2) years; and
6. A signed agreement by the Prosecutor not to file a petition on the matter
that led to the signing of the contract as long as the parent(s), custodian(s),
or guardian(s) fully complies with the contract terms for the full term of the
contract.
D. Should the parent(s), custodian(s), or guardian(s) successfully complete the
diversion program, they shall be released immediately from the terms and
conditions of the nonjudicial plan, and no filing of a petition on these specific
matters shall ever be filed in Quapaw Nation Court.
E. No diversion contract may place physical custody of the child with any
person other than the parent(s), custodian(s), or guardian(s) unless said change
in physical custody is first approved, in writing, by the Quapaw Nation Court.