Tribe: Sac & Fox Nation, Oklahoma
Section 303. Diversion by Contract
(a)
Prior to the filing of a Petition, either the Child Welfare officer,
or the Attorney General with the consent of the Child Welfare officer may
divert any children’s case, except a case subject to Section 211 or Section 30S
of this Title from the court process.
(b)
Diversion shall be made by entering into a contract with the child’s
parents, guardian, or other custodian whereby the parent, guardian or other
custodian agrees to undergo specified treatment for the condition noticed,
including an agreement to do or refrain from doing certain acts and the Child
Welfare officer or Attorney General on behalf of the Tribe agrees not to file
a
petition in the case so long as the parent, guardian, or other custodian
comply with the contract.
(c)
Each such 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, guardian, or
custodian agree to successfully complete and their duration.
(3)
The specific facts which the parents, guardian, or custodian
agree to do or to refrain from doing.
(4)
The specific treatment or other social services to be offered
by the Tribe or the Bureau of Indian Affairs and accepted by the family.
(5)
one year.
(S)
A fixed, limited time for the contract to run not exceeding
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.
(7)
(d)
That each party has received a copy of the contract.
No diversion contract may place physical custody in any person or
agency other than the parents, guardian, or other legal custodian unless it
bears the approval in writing of a Judge or the Juvenile Court. […] Section 304. Diversion Contract Inadmissible
§
The diversion contract and any statements or admissions of the parties
made in negotiating or fulfilling the terms of the contract are inadmissible as
evidence, except, that the parents, guardian, or custodian may prove the
contract and show their compliance with the terms thereof as a defense to a
petition filed concerning the matter of the contract. Upon a showing of
compliance with the terms of the contract the Court shall dismiss the petition
unless it determines by evidence beyond a reasonable doubt that the child is
in imminent danger of severe physical or mental harm. Proof of the contract
shall not be an admission of the parents, guardian, or custodian of any of the
facts alleged therein. […] Section 305. Diversion by Consent Decree
(a)
After filing of a petition, the Attorney General with the consent
of the Child Welfare officer, may divert any children’s case, except a case
subject to Section 211 or Section 306 of this Title from the adjudicatory
process with the consent of the respondents and the Court by obtaining Consent
Decree if:
(1)
The Court has informed the child and his parents, guardian,
or legal custodian of their rights to:
(i)
deny the allega tions of the pet ition and require the Tribe
to prove each allegation by admissible evidence.
(ii)
confront and cross-examine the witnesses against them
and to call witnesses on their own behalf.
(iii)
refuse to testify against themselves or each other in
delinquency cases.
(iv)
a trial by a jury of six persons at the adjudicatory state,
where a jury trial is available.
(v)
be represented by counsel at their own expense at each
stage of the proceedings, and, to the extent counsel is available at
no fee, to have counsel appointed for them if they cannot afford
pri va te counsel.
(vi)
(2)
and the Court believed they understand their rights.
Written consent to the decree is obtained from the parents,
guardian, or legal custodian and the child if of sufficient age and
understanding. The consent given for a Consent Decree does not constitute
an admission for purposes of adjudication. (3)
§
The Tribal or Bureau of Indian Affairs Social Service
Department has prepared a treatment plan for the family to be incorporated
into the Consent Decree which distinctly states:
(i)
the specific treatment programs the parents, guardian,
or custodian, or child agree to successfully complete and their
duration.
(ii)
the specific treatment or other social services to be
offered by the Tribe or the Bureau of Indian Affairs and accepted
by the family.
(iii)
the specific acts which the parents, guardian, or custodian
or child agree to do or to refrain from doing.
(iv)
the person or agency to be vested with custody of the
child if the child cannot remain in its own home, the specific
provisions of (i), (ii), and (iii) above which must be completed or
accomplished for a specific duration before the child is returned to
its own home, and the period of supervision of the child in its 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 Attorney General shall proceed with the
adjudica tion.
(c) A Consent Decree shall remain in effect for not exceeding one year,
provided, that upon notice of hearing the Court may extend the force of the
decree for an additional term of one year with the consent of the parties.
The adjudication shall be continued during the term of the Consent Decree and
thereafter dismissed if the Decree is complied with.