Tribe: Cheyenne and Arapaho Tribes
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 306 of this Act 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) A fixed, limited time for the contract to run not exceeding one year.
(6) 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) That each party has received a copy of the contract.
(D) 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.
Read Full Text of Cheyenne-Arapaho Tribes of Oklahoma Law and Order Code. Juvenile Procedure Act of 1988. Section 303 Diversion by Contract & Section 304 Diversion Contract Inadmissible.