Tribe: Cheyenne and Arapaho Tribes
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 Act 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:
(a) deny the allegations of the petition and require the Tribe to prove each allegation by admissible evidence.
(b) confront and cross-examine the witnesses against them and to call witnesses on their own behalf.
(c) refuse to testify against themselves or each other in delinquency cases.
(d) a trial by a jury of six persons at the adjudicatory state, where a jury trial is available.
(e) 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 private counsel.
(f) and the Court believed they understand their rights.
(2) Written consent to the decree is obtained from the parents, guardian, or legal custodian and the child is 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:
(a) the specific treatment programs the parents, guardian, or custodian, or child agree to successfully complete and their duration.
(b) the specific treatment or other social services to be offered by the Tribe or the Bureau of Indian Affairs and accepted by the family.
(c) the specific acts which the parents, guardian, or custodian or child agree to do or to refrain from doing.
(d) 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 (a), (b), and (c) 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 adjudication.
(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.
Read Full Text of Cheyenne-Arapaho Tribes of Oklahoma Law and Order Code. Juvenile Procedure Act of 1988. Section 305 Diversion by Consent Decree.