Tribe: Sac & Fox Nation of Missouri in Kansas and Nebraska
Section 312. Diversion Agreement-Form and Substance
(a) Prior to the filing of a petition, Social Services may recommend to the Presenting
Officer, and the Presenting Officer may accept the recommendation that a juvenile’s case be
diverted for all cases, except those subject to subsection (b). Upon acceptance of the diversion,
the child, 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 title;
(2) That the 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 the withdrawal from the diversion agreement may lead to the filing of
a delinquency petition;
( 4) The specific facts or allegation, including dates, which gave rise to the
condition addressed by the contract. (5) The specific treatment program(s), including duration, the parent,
guardian, or custodian agrees to successfully complete.
(6) The specific facts or behaviors which the parent, guardian, or custodian
agrees to do or to refrain from doing.
(7) The particular conditions, which may include any of the options specified
in Section 314, to be fulfilled by the child and the child’s parent, guardian, or custodian over a
period not to exceed one year.
(8) That the Tribe 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 the contract terms
for the full term of the contract.
(b) A juvenile is not eligible for diversion if:
(1) Section 208 applies; or
(2) The juvenile has had a delinquency petition sustained or a separate
diversion agreement in the previous 12 months.
( c) If the petition is filed prior to the entry of a diversion agreement, the child, and the
child’s parent, guardian, or custodian may enter into a diversion agreement, only after the Court
has informed and confirmed the child, and the child’s parent, guardian, or custodian of their
rights to:
(1) Deny the allegations of the petition and require the Tribe to prove each
allegation by admissible evidence;
(2) Confront and cross examine the witnesses against them and to call
witnesses on their own behalf;
(3) Refuse to testify against themselves or each other in delinquency cases;
( 4) A trial before the Judge;
(5) Be represented by counsel at their own expense at each stage of the
proceedings;
[History: L. 1992, May 2; R-30-92: Amend. 2020, Jun. 16; R-21-20:
PUBLIC LAW # T 20 §312] […] Section 313. Diversion Agreement-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 in the matter.
(b) If the child or the child’s parent, guardian or custodian do not fulfill the
conditions of the diversion agreement, the Department worker 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) Recommend that the Juvenile Presenting Officer file a delinquency
petition in accordance with the provisions of Section 312.
(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 delinquency petition arising out of
the alleged incident. […] Section 314. Diversion Options
A diversion may require that:
(a) The child and the child’s parent, guardian, or custodian participate in
(1) social, community, or tribal services or resources appropriate for
addressing the needs of the child and the child’s parent, guardian, or custodian;
(2) other programs or activities aimed at rehabilitation, community
involvement, or competency development, or which are otherwise appropriate for addressing the
child’s needs;
(b) the child’s parent, guardian, or custodian participate in:
( 1) educational or counseling programs designed to deter delinquent acts or
other conduct or conditions which would be harmful to the child or the community.
(2) educational or counseling programs designed to contribute to their ability
to care for and supervise the child, including but not limited to parenting classes;
(3) medical, psychological, or psychiatric evaluations or treatment;
(c) that the child:
( 1) pay restitution;
(2) perform community service;
(3) maintain satisfactory school attendance, or otherwise pursue a course of
study designed to lead to achieving a high school diploma or equivalent;
(4) participate in structured after-school, evening, or other court-approved
programs appropriate for addressing the needs of the child and providing for the safety of the
community; and
(5) Participate in other reasonable conditions aimed at holding the child
accountable for his/her actions, providing for the safety and protection of the community, or
promoting the development of competencies which will enable the child to become a responsible
and productive member of the community.
(d) A diversion agreement shall not include:
(1) Detention in a secure detention facility, nor participation in alternative
programs or services specifically intended as alternatives to secure detention or otherwise
directed solely at meeting the needs of the juvenile;
(2) A requirement that the child’s parent, guardian, or custodian undergo
medical, psychological, or psychiatric treatment, unless such treatment is recommended by a
qualified medical professional and necessary to address conditions which contributed to the
alleged delinquent act or allow the child to remain with or be returned to the custodian of the
child’s parent, guardian, or custodian.
[History: L. 1992, May 2; R-30-92: Amend. 2020, Jun. 16; R-21 -20:
PUBLIC LAW # T 20 §314]