§ 2-109. Deferred prosecution agreements; contracts.
A. Prior to the filing of a petition, either the Court or the Tribal Prosecutor, with the consent of the Indian Child Welfare Department, may divert any children’s case, except a case alleging physical or sexual abuse, from the Court process.
B. Diversion shall be made by entering into a contract with the child’s parent(s), guardian or other custodian whereby the parent, guardian or other custodian agrees to undergo specified treatment for the condition(s) noticed, including an agreement to do or refrain from doing certain acts and the Indian Child Welfare Department and the Tribal Prosecutor agree not to file a petition in the case so long as the parent(s), 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 parent(s), guardian or custodian agree to complete successfully and the duration;
3. The specific tasks which the parent(s), guardian or custodian agree to do or to refrain from doing;
4. The specific treatment or other social services to be offered by the Osage Nation or other agencies and accepted by the family;
5. A fixed, limited time for the contract to run, not exceeding one year;
6. That the Osage Nation will not file a petition on the subject of the contract for the facts or allegations stated if the parent(s), guardian or custodian comply with each of the contract terms for the full term of the contract; and
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 parent(s), guardian or other legal custodian unless it bears the approval in writing of the Judge of the Juvenile Court.