5-31-A-2. DIVERSION.

  1. Send out Summons to parent(s)/guardian(s) and child.
  2. Parent(s)/guardian(s) and child will meet with Court Services Officer.
  3. Parent(s)/guardian(s) and child will acknowledge involvement.
  4. Parent(s)/guardian(s) and child will sign documents to enter Diversion Program.
  5. Documents necessary for Diversion Program:
    1. Parental Responsibility Form
    2. Individualized Plan
    3. Agreement to attend gang education classes
    4. Agreement to attend cultural/spiritual education classes
    5. Agreement to attend counseling with Elders
    6. Agreement to attend specialized parenting program
    7. Agreement to attend alcohol/drug abuse education classes
  6. Schedule of classes will be provided to parent(s)/guardian(s)
  7. If the parent(s)/guardian(s) and child dispute evidence of child’s involvement in a gang, an Informal Hearing will be set up before a Hearing Officer.
    1. If the Hearing Officer finds the child is involved in a gang, parent(s)/guardian(s) and child will follow diversion procedure.
    2. If the Hearing Officer does not find that the child is involved in a gang, the case will be closed.
  8. If there is evidence of continued violation the child and/or the parent(s)/guardian(s) will be formally charged in Children’s Court.
    1. Procedure will be the same as specified in the Rosebud Sioux Tribe’s Law and Order Code.

(History; Ordinance 97-01, Sec. 5-31-3 to 5-31-7, Ordinance 2007-07, 5-31-8 -31A-2)

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