Tribe: The Choctaw Nation of Oklahoma
Section 2-2-104.1 – Diversion Services – Purpose – Procedures – Notice
A. Diversion services shall be offered to children who are at risk of being the subject of a child-
in-need-of-supervision petition. Diversion services shall be designed to provide an immediate
response to families in crisis and to divert children from court proceedings. Diversion services
may be provided by outside agencies as designated by the district court, Choctaw Nation
Department of Children and Family Services, court employees, or a combination thereof.
B. Diversion services shall clearly document diligent attempts to provide appropriate services to
the child and the family of the child unless it is determined that there is no substantial likelihood
that the child and family of the child will benefit from further diversion attempts.
C. Where the primary issue is truancy, steps taken by the school to improve the attendance or
conduct of the child in school shall be reviewed and attempts to engage the school in further
diversion attempts shall be made if it appears that such attempts will be beneficial to the child.
D. Efforts to prevent the filing of the petition may extend until it is determined that there is no
substantial likelihood that the child and family of the child will benefit from further attempts.
Efforts at diversion may continue after the filing of the petition where it is determined that the
child and family of the child will benefit therefrom.
E. A child-in-need-of-supervision petition shall not be filed during the period that the designated
agency, the Choctaw Nation Department of Children and Family Services, or court employee is
providing the diversion services. A finding that the case has been successfully diverted shall
constitute presumptive evidence that the underlying allegations have been successfully resolved.
F. The designated agency, the Choctaw Nation Department of Children and Family Services, or
court employee shall promptly give written notice to the child and family of the child whenever
attempts to prevent the filing of the petition have terminated and shall indicate in the notice
whether the efforts were successful or whether a child-in-need-of-supervision petition should be
filed with the court. A petition may or may not be filed where diversion services have been
terminated because the parent or other person legally responsible for the child failed to consent
to the diversion plan or failed to actively participate in the services provided.