Tribe: Miami Tribe of Oklahoma
Section 501 Preliminary Investigation. A. Informal delinquency proceedings shall be commenced by submitting a complaint to
the Juvenile Case Coordinator. B. The complaint shall state the facts that support the allegation that the child has
committed a delinquent act. C. Whenever a child is alleged to have committed a delinquent act, the Juvenile Case
Coordinator shall conduct a preliminary investigation to determine whether the
interests of the child or the community require that a formal delinquency petition be
commenced. D. The purpose of the preliminary investigation is to determine whether: 1. A petition should be filed under Chapter 6; 2. The child should be referred to the ICW Department and the case should
proceed under the Child Welfare Code; or 3. A Diversion Agreement should be entered into under Section 508. E. A preliminary investigation shall include the following: 1. Interviews with the complainant and victim(s), if someone other than the
complainant; or 2. Interviews with school officials or other individuals that know the child or the
child’s family. F. The Juvenile Case Coordinator shall create a written report that contains the
information collected during the preliminary investigation, including information
obtained under Section 503, if an informal conference is conducted. […] Section 503 Informal Conference. A. The Juvenile Case Coordinator may, during the course of the preliminary
investigation, conduct an informal conference with: 1. The child; 2. The child’s parent, guardian, or custodian; and 3. Counsel for the child. B. Where counsel has not already been appointed or retained to represent the child, the
Juvenile Case Coordinator shall notify the Juvenile Court prior to conducting the
informal conference and the Juvenile Court may appoint a Juvenile Advocate. C. The purpose of the informal conference shall be: 1. To determine if a referral to the ICW Department is necessary and
proceedings under the Child Welfare Code should be commenced; and 2. Where the alleged facts are sufficient to support the filing of a delinquency
petition, to identify and discuss services, interventions, agreements, or other
alternatives which would render the filing of a petition unnecessary. D. To the extent possible, the informal conference shall be treated as a non-adversarial
effort to resolve the issues presented by the child’s alleged conduct, without the
intervention of the Juvenile Court. E. Statements made by the child at the informal conference shall be inadmissible, in any
subsequent hearing or proceedings, as evidence that the child committed a delinquent
act, but may be considered at a disposition hearing. F. Prior to conducting the informal conference, the Juvenile Case Coordinator shall
inform the child and the child’s parent, guardian, or custodian: 1. Of their rights under the provisions of this Code; 2. Of the nature and purpose of the informal conference; and 3. That participation in the informal conference is voluntary. G. If the child or the child’s parent, guardian, or custodian declines to participate in the
informal conference, the Juvenile Case Coordinator may make a recommendation to
the Tribal Prosecutor based on other information collected during the preliminary
investigation, including the information collected under Section 501(E). […] Section 504 Preliminary Inquiry Recommendation. A. Upon concluding the preliminary investigation, the Juvenile Case Coordinator shall
make one of the following recommendations to the Tribal Prosecutor: 1. Recommend that no further action be taken in the matter, if it is determined
that: a. The alleged facts are insufficient to support filing of a formal
delinquency petition; b. The alleged facts are insufficient to require a referral to the ICW
Department for a proceeding covered under the Child Welfare Code;
or c. The best interests of neither the child nor the community require that
further action be taken. 2. Recommend that a diversion agreement should be entered into with the child
and the child’s parent, guardian, or custodian, if it is determined that:
a. The alleged facts are sufficient to support the filing of a delinquency
petition; and b. The best interests of both the child and the community may be
adequately addressed through diversion. 3. Recommend that the matter should be referred to the ICW Department and a
proceeding covered under the Child Welfare Code should be commenced, if it
is determined that: a. The alleged facts are sufficient to support that the child may be a Child
in Need of Supervision, or the child may have been subject to Abuse
or Neglect, as defined in the Child Welfare Code; and b. The best interests of both the child and the community may be
adequately addressed through proceedings under the Child Welfare
Code. 4. Recommend that a formal delinquency petition should be filed in the matter, if
it is determined that: a. The alleged facts are sufficient to support the filing of a delinquency
petition; b. The best interests of either the child or the community require the
intervention of the Juvenile Court; and c. The best interests of either the child or the community cannot be
adequately addressed through a proceeding under the Child Welfare
Code. […] Section 505 Recommendation Factors A. In making a recommendation under Section 504, the Juvenile Case Coordinator shall
consider the following factors: 1. The nature and seriousness of the alleged act; 2. The child’s previous contacts with the police or the Juvenile Court; 3. The age, maturity, and individual circumstances of the child; 4. The willingness of the child to participate in a voluntary program; 5. The participation and input of the child’s parent, guardian, or custodian; 6. The likelihood that services and resources to meet the child’s needs can be
identified and secured without the intervention of the Juvenile Court; and 7. Any statement expressing support for diverting the matter or addressing the
matter informally and without the intervention of the Juvenile Court, made by: a. The complainant or the alleged victim; or b. Any law enforcement officer familiar with the underlying facts of the
matter or the circumstances of the child.