§ 2-663. Omission to provide for a child.
A. As used in this section, the “duty to furnish medical attendance” shall mean that the parent or person having custody or control of a child must furnish medical treatment in such manner and on such occasions as an ordinarily prudent person, solicitous for the welfare of a child, would provide; such parent or person having custody or control of a child is not criminally liable for failure to furnish medical attendance for every minor or trivial complaint with which the child may be afflicted.
B. Unless otherwise provided for by law, any parent, guardian, or person having custody or control of a child who willfully omits, without lawful excuse, to furnish necessary food, clothing, shelter, monetary child support, medical attendance, payment of court-ordered day care or payment of court-ordered medical insurance costs for such child which is imposed by law commits the criminal offense of omission to provide for a child.
C. Any person convicted of committing the criminal offense of omission to provide for a child shall be guilty of a crime punishable by imprisonment in the Tribal Jail for not more than one year, by a fine not to exceed One Thousand Dollars ($1,000.00), or both, provided any person obligated to make child support payments who willfully and without lawful excuse becomes delinquent in said child support payments, and such delinquent child support accrues without payment by the obligor for a period of one year, or exceeds Five Thousand Dollars ($5,000.00), shall, upon conviction thereof, be guilty of a crime punishable by imprisonment in the Tribal Jail for not more than one year, by a fine not to exceed One Thousand Dollars ($1,000.00), or both.
D. Nothing in this section shall be construed to mean a child is endangered for the sole reason the parent, guardian or person having custody or control of a child, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child; provided, that medical care shall be provided where permanent physical damage could result to such child; and that the laws, rules, and regulations relating to communicable diseases and sanitary matters are not violated.
E. Nothing contained in this section shall prevent a court from immediately assuming custody of a child and ordering whatever action may be necessary, including medical treatment, to protect the health or welfare of the child.
F. Psychiatric and psychological testing and counseling are exempt from the provisions of this section.
G. Venue is proper in prosecutions for violations of this section in the Osage Nation Courts if:
1. The child resides within the exterior boundaries of the Osage Nation Reservation; or
2. The court-ordered support was entered or registered pursuant to the provisions of the Uniform Interstate Family Support Act in the Osage Nation Tribal Court. ONCA 22-33, eff. Apr. 25, 2022.