Tribe: Quapaw Nation
§35 Juvenile Healing to Wellness Court
A. Diversion services shall be offered to those children at risk of being subject of
a child-in-need-of-supervision petition. Diversion services shall be designed
to provide an immediate response to families in crisis, to offer drug and
alcohol services to the child, and to divert children from formal court
proceedings.
B. In Quapaw Nation Court, these diversionary services shall come under the
purview of the Juvenile Healing to Wellness Court policies and procedures,
which shall be implemented by Quapaw Nation Juvenile Affairs Department.
1. Although Quapaw Nation Juvenile Affairs Department shall be tasked with
the administration of Healing to Wellness Court, the program shall also
include participation by the Quapaw Nation Prosecutor, Quapaw Nation
Judges, the Quapaw Nation Public Defender, and any other employee of the
Court charged with the provision of services for juveniles and their families.
2. Each participating child as well as the child’s parent(s), custodian(s), or
guardian(s) shall enter into an agreement with Juvenile Affairs, thereby
agreeing to the policies and procedures of the Healing to Wellness Court
program and explicitly consenting to any sanctions the Court might require
in order to stay compliant in said program.
C. Diversion services shall clearly document diligent attempts to provide
appropriate services to the child and the family of the child unless it is
determined that there is no substantial likelihood that the child and the family
of the child will benefit from further diversion attempts.
D. Where the primary issue is truancy, steps taken by the school district to
improve the attendance or conduct of the child in school shall be reviewed and attempts to engage the school district in further diversion attempts shall be
made if it appears that such attempts will be beneficial to the child.
E. Efforts to prevent the filing of the petition may extend until it is determined
that there is no substantial likelihood that the child and family of the child will
benefit from further attempts. Efforts at diversion may continue after the filing
of the petition where it is determined that the child and family of the child will
benefit therefrom.
F. A child-in-need-of-supervision petition shall not be filed during the period in
which diversion services are being provided to the child and the child’s
family. A finding that the case has been successfully diverted shall constitute
presumptive evidence that the underlying allegations have been successfully
resolved.
G. The Court shall promptly give written notice to the child and the family of the
child whenever attempts to prevent the filing of the petition have terminated
and shall indicate in that notice whether the efforts were successful or whether
a child-in-need-of-supervision petition should be filed with the court.
1. A petition may or may not be filed where diversion services have been
terminated because the parent or other person legally responsible for the
child failed to consent to the diversion plan or failed to actively participate
in the services provided.