Tribe: Quapaw Nation
§34 Preliminary Inquiry
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 this section of the
Quapaw Nation Children’s Code should require that further court action be
taken. If it is determined through the preliminary inquiry that no further action
be taken, an employee of the Department of Family Services, an employee of
the Department of Juvenile Affairs, or an employee of the Court, may make
such informal adjustment without a petition.
B. In the course of the preliminary inquiry, an employee of the Department of
Family Services or an employee of the Court shall: 1. Hold conferences with the child and the parent(s), custodian(s), or
guardian( s) of the child for the purpose of discussing the informal
adjustment and any disposition of the referral made;
2. Interview such persons as necessary to determine whether the filing of a
petition would be in the best interests of the child and the community;
3. Check existing records of any Court, law enforcement agencies, Office of
Juvenile Affairs, Department of Human Services, or any other juvenile
agency in any state or at any other tribe for matters regarding the child or
the child’s parent(s), custodian(s), or guardian(s);
4. Obtain existing mental health, medical and educational records of the child
with the consent of the parent(s), custodian(s), or guardian(s) or by court
order; and
5. Administer any screening and assessment or refer for necessary screening
and assessments to assist in the determination of any immediate needs of
the child, as well as any immediate risks to the community.
C. Upon review of any information presented at the preliminary inquiry, the
Quapaw Nation Prosecutor may consult with any employee of the Department
of Family Services or an employee of the Court to determine whether the
interests of the child and the public will be best served by dismissal of the
petition, the informal adjustment of the petition, or by the filing of the petition
and adjudication theron.
D. An informal adjustment may be provided to the child by an employee of the
Department of Family Services, an employee of the Department of Juvenile
Affairs, or by an employee of the Court, only where the facts reasonably
appear to establish prima facie jurisdiction and where consent is obtained
from the Quapaw Nation Prosecutor, parent(s), custodian(s), guardian(s), 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 formal 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 written and explicit revocation of
the agreement;
3. Be revocable by the Quapaw Nation Prosecutor in the event there is
reasonable cause to believe that 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. Immediately become part of the juvenile record of the child.
E. The informal adjustment agreement may include, among other suitable
methods, programs and procedures, the following:
1. Participation in or referral to counseling, community service, drug and/or
alcohol education and treatment, vocational training, or any other legal
activity that, in the opinion of the Court, would be most beneficial to the
child and family of the child;
2. Require the child to undergo a behavioral health evaluation and, if
recommended, undergo appropriate care or treatment;
3. Restitution payments made by the parents or child, provided to the victim
who was physically injured or who suffered loss of or damage to, property
as a result of the conduct alleged. The amount of restitution must be
approved by the Court;
4. Informal adjustment projects, programs and services may be provided
through either public or private agencies, or both. F. If the employee of the Department of Family Services, employee of the
Juvenile Affairs Department, or employee of the Court 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 terms of the agreement may be modified and the period
extended for an additional six ( 6) months from the date on which the
modification was made with the consent of the child and the child’s counsel, if