A. The Tribal Prosecutor, upon recommendation of an Osage Nation Department or any person, may withhold filing a case against any person accused or suspected of child abuse or neglect and refer that person to a nonjudicial source of treatment or assistance, upon conditions set forth by the Indian Child Welfare Department and the Tribal Prosecutor. If a person is so diverted from the criminal justice system, the Tribal Prosecutor shall not file charges in connection with the case if the person participates to the satisfaction of the Indian Child Welfare Department and the Tribal Prosecutor in the diversion program offered.

B. The initial diversion shall be for a period not to exceed two years. This diversion period may be extended for a one-year period by the Tribal Prosecutor, if necessary. Decisions regarding extending diversion time periods shall be made following review of the person diverted by the Indian Child Welfare Department and the Tribal Prosecutor.

C. If the person diverted successfully completes the diversion program to the satisfaction of the Indian Child Welfare Department and the Tribal Prosecutor, said person shall be released from the terms and conditions of the program and no criminal finding for the case shall be made.

D. Participation by a person accused or suspected of child abuse in any diversion program shall be voluntary.