Tribe: Miami Tribe of Oklahoma
§ 21 Diversion by Contract
(a) Prior to the filing of a Petition for suspected Child Abuse or Neglect, the Miami
Indian Child Welfare Office, with the consent of the Presenting Officer, may
withhold filing a case and divert the case to a nonjudicial source for treatment or
assistance.
(b) If a case or prosecution is diverted from the justice system, the case or charges shall
not be filed if the Parent, Custodian, or other person participates to the satisfaction of
the Miami Indian Child Welfare Office and Presenting Officer in the diversion
program offered.
(c) Diversion shall be made by entering into a contract with the Child’s Parents,
guardians, or other custodians whereby the Parent, guardian or other custodian agrees
to undergo specific treatment for conditions noticed, including an agreement to do or
refrain from doing certain acts.
(d) Each diversion contract 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 the Parents, or where applicable Custodian or
other persons, agree to successfully complete and their duration;
(3) the specific facts which the parties agree to do or to refrain from doing; (4) the specific treatment or other social services to be offered by the Miami Tribe
and accepted by the family;
(5) a fixed, limited time for the contract to run not exceeding two (2) years; and
(6) that the Presenting Officer will not file a petition on the subject of the contract
for the facts or allegations stated if the Parents, or where applicable Custodian
or other persons, comply with the contract terms for the full term of the
contract.
(e) If the person diverted successfully completes the diversion program to the satisfaction
of the Presenting Officer and the Miami Indian Child Welfare Office, he or she shall
be released form the terms and conditions of the program, and no filing of the case
shall be made.
(f) Participation by a person accused or suspected of Child Abuse in any diversion
program shall be voluntary.
(g) No diversion contract may place physical Custody in any person or agency other than
the Parent, Custodian, or Guardian unless it bears the approval in writing by the
Court.
(h) A Child shall not be diverted pursuant to this Section if diversion is not in the best
interests of the Child’s health and welfare. […] § 26 Diversion by Consent Decree
(a) After the filing of a petition, the Presenting Officer with the consent of the Child
Welfare officer, the respondents, and the Court may divert a child welfare case by
obtaining a Consent Decree if:
(1) the Court has informed the Child and the Parents, or where applicable,
Custodian, or other persons, of their rights and believes they understand their
legal rights;
(2) written consent to the decree is obtained from the Parent or Custodian and
other respondents; and
(3) the Miami Indian Child Welfare Office has prepared a Treatment Plan for the
respondents to be incorporated into the Consent Decree which states:
(A) the specific treatment programs the Parent or other respondents agree
to successfully complete;
(B) the specific acts which the Parents or other 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 his or her own home, the specific provisions of
the Treatment Plan must be completed before the Child is returned to
his or her own home, and the period of supervision of the Child in his
or her own home.
(b) After all parties have consented, the Court shall review the Treatment Plan and if the
Court agrees that the plan is satisfactory, shall order all parties by the Consent Decree
to abide by the provisions of the Treatment Plan. The Consent Decree shall be
monitored and modified as in other dispositions, provided that if the family fails to
comply with the Treatment Plan, the Court, on motion of the Presenting Officer, shall
proceed with adjudication.
(c) A Consent Decree shall remain in effect for not exceeding one (1) year, provided that
upon notice of hearing the Court may extend the force of the decree for additional
terms of one (1) year with the consent of the parties. The adjudication shall be
continued during the term of the Consent Decree and thereafter dismissed upon
completion of the Consent Decree.