§ 2-118. Court diversion by stipulation.
After filing a petition, the Indian Child Welfare Department and the Tribal Prosecutor may divert any children’s case, except a case alleging physical or sexual abuse, from the adjudicatory process with the consent of the respondents and the Court by stipulation to the validity of the allegations in the petition if the Court has informed the child and his or her parents, guardian or custodian of their rights to:
A. Deny the allegations of the petition and require the Osage Nation to prove each allegation by admissible evidence;
B. Confront and cross-examine witnesses against them and to call witnesses on their own behalf;
C. A trial by a jury of six persons at the adjudicatory stage where a jury trial is available;
D. 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;
and the Court believes they understand their rights.