Tribe: Cherokee Nation
§ 2-2-104. Preliminary inquiry–Petition.
A. A preliminary inquiry shall be conducted to determine whether the interests of the public or of
the child who is within the purview of the Cherokee Nation Juvenile Code require that further
court action be taken. If it is determined by the preliminary inquiry that no further action be taken
and if agreed to by the Attorney General, the intake worker may make such informal adjustment
without a petition.
B. In the course of the preliminary inquiry, the intake worker shall:
1. Hold conferences with the child and the parents, guardian or custodian of the child for the
purpose of discussing the disposition of the referral made;
[…]
5. Administer any screening and assessment instruments or refer for necessary screening and
assessments to assist in the determination of any immediate needs of the child as well as the
immediate risks to the community. All screening and assessment instruments shall be uniformly
used by all intake workers, including those employed by juvenile bureaus, and shall be instruments
specifically prescribed by the Department of Juvenile Justice.
C. Upon review of any information presented in the preliminary inquiry, the Attorney General may
consult with the intake worker to determine whether the interests of the child and the public will
be best served by the dismissal of the complaint, the informal adjustment of the complaint, or the
filing of a petition.
D. Informal adjustment may be provided to the child by the intake worker only where the facts
reasonably appear to establish prima facie jurisdiction and are admitted and where consent is
obtained from the Attorney General, the parent of the child, legal guardian, legal custodian, or
legal counsel, if any, and the child. The informal adjustment is an agreement whereby the child
agrees to fulfill certain conditions in exchange for not having a petition filed against the child. The
informal adjustment shall be completed within a period of time not to exceed six (6) months and
shall:
1. Be voluntarily entered into by all parties;
2. Be revocable by the child at any time by a written revocation;
3. Be revocable by the intake worker in the event there is reasonable cause to believe the child has
failed to carry out the terms of the informal adjustment or has committed a subsequent offense;
4. Not be used as evidence against the child at any adjudication hearing;
5. Be executed in writing and expressed in language understandable to the persons involved; and
6. Become part of the juvenile record of the child.
E. The informal adjustment agreement under this section may include, among other suitable
methods, programs and procedures, the following:
1. Participation in or referral to counseling, a period of community service, drug or alcohol
education or treatment, vocational training or any other legal activity which in the opinion of the
intake officer would be beneficial to the child and family of the child;
2. Require the child to undergo a behavioral health evaluation and, if warranted, undergo
appropriate care or treatment;
3. Restitution providing for monetary payment by the parents or child to the victim who was
physically injured or who suffered loss of or damage to property as a result of the conduct alleged.
Before setting the amount of restitution, the intake officer shall consult with the victim concerning
the amount of damages; or
4. Informal adjustment projects, programs and services may be provided through public or private
agencies.
If the intake worker has reasonable cause to believe that the child has failed to carry out the terms
of the adjustment agreement or has committed a subsequent offense, in lieu of revoking the
agreement, the intake worker may modify the terms of the agreement and extend the period of the
agreement for an additional six (6) months from the date on which the modification was made with
the consent of the child or counsel of the child, if any.