# TITLE 6. CHILDREN AND

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Amuscogee_creek_nation%3A008debdfdf7765f2

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

TITLE 6. CHILDREN AND
FAMILY RELATIONS
HOPUETAKE HVTVM
CUKOHVMECVLKE
EMPVLSVLKE
Chapter
Section
1. CHILDREN.TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 1–101
2. FAMILY RELATIONS—MARRIAGE. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 2–101
3. PROTECTION FROM DOMESTIC AND FAMILY VIOLENCE
ACT. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 3–101
4. ORGANIZED INDIAN YOUTH COUNCILS—TRIBAL CHARTERS.TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–101
5. GUARDIAN AND WARD.TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 5–101
6. MUSCOGEE (CREEK) NATION CHILD SUPPORT ENFORCEMENT CODE. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 6–101
7. PATERNITY DETERMINATION CODE. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 7–101

CHAPTER 1.

CHILDREN

Subchapter
1.
Purpose; Definitions; General Provisions
2.
Children and Family Services Administration
3.
Jurisdiction and Venue
4.
Procedure, Generally
5.
Abuse and Neglect Reporting Requirements; Central Registry
6.
Search Warrants; Custody or Detention
7.
Adjudication
8.
Disposition
9.
Termination of Parental Rights
10. Adoptions
11. Foster Care
United States Code Annotated
Indian Child Protection and Family Violence Prevention Act, see 25 U.S.C.A. § 3201 et seq.
Indian Child Welfare Act, see 25 U.S.C.A. § 1901 et seq.

SUBCHAPTER 1. PURPOSE; DEFINITIONS;
GENERAL PROVISIONS
Section
1–101. Purpose.
1–102. Definitions; general.
1–103. Definitions; family and custodial relationships.
1–104. Definitions; courts and agencies.
1–105. Definitions; types of children’s needs requiring court intervention.
1–106. Definitions; placement facilities.

333

Refs & Annos

CHILDREN

Section
1–107. Role of the Prosecutor in juvenile proceedings.
1–108. District Court.
1–109. Place of sitting.

§ 1–101. Purpose
The purpose of this chapter is to:
A. Secure for each child subject to this chapter such care and guidance,
preferably in his own home, as will best serve his welfare and the interests of
the Nation and society in general;
B. Preserve and strengthen the ties between the child and his Nation
whenever possible;
C. Preserve and strengthen family ties whenever possible, and strengthen
and improve the home and its environment when necessary; and
D. Remove a child from the custody of his parents and Indian custodians
only when his welfare and safety or the protection of the public would
otherwise be endangered; and
E. Secure for any child removed from the custody of his parents the
necessary care, guidance and discipline to assist him in becoming a responsible
and productive member of his Nation and society in general.
[NCA 01–126, § 102, approved Aug. 9, 2001.]
Library References
Indians O132.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150, 152, 154 to 176.

§ 1–102. Definitions; general
Unless the context otherwise requires, as used in this chapter the following
terms shall be defined as follows:
A. Adjudicatory hearing. ‘‘Adjudicatory hearing’’ means a hearing to determine whether the allegations of a petition alleging a child to be deprived, in
need of supervision, in need of treatment or delinquent filed pursuant to this
title are supported by the evidence.
B. Adult. ‘‘Adult’’ means a person eighteen (18) years of age or over; except
that any person alleged to have committed a delinquent act before he became
eighteen (18) years of age shall be considered a child under this chapter for the
purpose of adjudication and disposition of the delinquent act.
C. Child. ‘‘Child’’ means any unmarried person who is under age eighteen
(18) and is either: (1) a member of an Indian tribe; or (2) eligible for
membership in an Indian tribe.
D. Child custody proceedings.
1. ‘‘Child custody proceedings’’ shall mean and include:
a. ‘‘Foster care placement’’ which shall mean any action removing an
Indian child from its parent or Indian custodian for temporary placement in a
foster home or institution or the home of a guardian or conservator where the
334

GENERAL PROVISIONS

Title 6, § 1–102

parent or Indian custodian cannot have the child returned upon demand, but
where parental rights have not been terminated;
b. ‘‘Termination of parental rights’’ which shall mean any action resulting
in the termination of the parent-child relationship;
c. ‘‘Preadoptive placement’’ which shall mean the temporary placement of
an Indian child in a foster home or institution after the termination of parental
rights, but prior to or in lieu of adoptive placement; and
d. ‘‘Adoptive placement’’ which shall mean the permanent placement of an
Indian child for adoption, including any action resulting in a final decree of
adoption.
2. Such term or terms shall include custody proceedings involving delinquent or alleged delinquent children, but shall not include a placement based
on an award in a divorce proceeding of custody to one of the parents.
E.
F.
son.

Commit. ‘‘Commit’’ means to transfer legal custody.
Custody. ‘‘Custody’’ means legal and physical guardianship of the per-

G. Deprivation of custody. ‘‘Deprivation of custody’’ means the transfer of
custody by the Court from a parent or a previous legal custodian to another
person, agency, or institution.
H. Detention. ‘‘Detention’’ means the temporary care of a child who requires secure custody in physically restricting facilities pending Court disposition or a Court order for placement or commitment.
I. Dispositional hearing. ‘‘Dispositional hearing’’ means a hearing, held
after an adjudicating hearing has found a child to be deprived, neglected, in
need of supervision, or delinquent in which the Court must determine what
treatment should be ordered for the family and the child, and what placement
of the child should be made during the period of treatment.
J. Expert witness. An ‘‘expert witness’’ means one of the following persons
providing expert testimony on a topic related to his field of expertise:
1. A member of the child’s Tribe who is knowledgeable about the child’s
Tribe’s family values, practices and customs, provided that such qualifications
shall be established by consideration of the following factors: the age of the
expert witness, whether he is fluent in the language of the child’s Tribe,
whether he has resided within the territorial jurisdiction of the child’s Tribe for
a significant period of time, the extent of his involvement in Indian church
activities, stomp ground ceremonies, band activities and other cultural activities within the Nation, testimony by other members of the child’s Tribe that he
is recognized as being knowledgeable about the child’s Tribe’s family values,
practices and customs, and other similar factors;
2. A lay expert witness having substantial experience in the delivery of child
and family services to Indians and extensive knowledge of prevailing social and
cultural standards and child rearing practices within the Indian child’s Tribe;
3.

A licensed physician;

4.

A qualified mental health professional; or
335

Title 6, § 1–102

CHILDREN

5. A professional person having substantial education and experience in the
area of his or her specialty.
K. Guardianship of the person. ‘‘Guardianship of the person’’ means legal
custody or the duty and authority vested by law to make major decisions
affecting a child including, but not limited to:
1. The authority to consent to marriage, enlistment in the armed forces, and
to extraordinary medical and surgical treatment;
2. The authority to represent a child in legal actions and to make other
decisions of substantial legal significance concerning a child;
3. The authority to consent to the adoption of a child when the parent-child
relationship has been terminated by judicial decree or the death of the parents;
4. The rights and responsibilities of the physical and legal care, custody, and
control of a child when legal custody has not been vested in another person, or
agency, or institution; and
5. The duty to provide food, clothing, shelter, ordinary medical care, education, and discipline for the child.
L. Handicapped child. ‘‘Handicapped child’’ means any child who has a
physical or mental impairment which substantially limits one or more of the
major life activities of the child or who is regarded as having such an
impairment by a competent medical professional.
M. Indian country. ‘‘Indian country’’ means any real property that is within
the Nation’s political jurisdiction as defined in Article I, Section 2 of the 1979
Muscogee (Creek) Nation Constitution and that is: (1) owned by any Indian
subject to restrictions against alienation; (2) held in trust by the United States
for the benefit of any Indian; (3) held in trust by the United States for the
benefit of the Muscogee (Creek) Nation; (4) any original unallotted fee land
owned by the Muscogee (Creek) Nation prior to allotment, including without
limitation the Mackey Sandbar site; or (5) any other real property which
otherwise constitutes Indian country as that term is defined in 18 U.S.C.
§ 1151.
N. Muscogee (Creek) child. ‘‘Muscogee (Creek) child’’ means any person
under the age of eighteen (18) years, who is either (1) a member of the
Muscogee (Creek) Nation, or (2) who is eligible for membership in the Muscogee (Creek) Nation.
O. Muscogee (Creek) household. A ‘‘Muscogee (Creek) household’’ is a
home in which at least one head of the household is a member of the Muscogee
(Creek) Nation, or eligible for membership in the Tribe.
P.

Nation. ‘‘Nation’’ means the Muscogee (Creek) Nation of Oklahoma.

Q. Protective supervision. ‘‘Protective supervision’’ means a legal status
created by court order under which the child is permitted to remain in his own
home under the supervision of the District Court through the child welfare
worker during the period during which treatment is being provided to the
family by the agency designated by the Court.
R. Qualified mental health professional. ‘‘Qualified mental health professional’’ means a person having specific training and current experience in the
336

Title 6, § 1–103

GENERAL PROVISIONS

mental health testing, examination, evaluation and diagnosis of children and
adolescents and who either: holds at least a master’s degree in a mental health
field and is employed under the classification of a Psychological Assistant or
Social Worker II or above by the state as a provider of mental health services
or possesses a current, valid Oklahoma license in a mental health field or
permission to practice by a licensor board in a mental health field.
S. Residual parental rights and responsibilities. ‘‘Residual parental rights
and responsibilities’’ means those rights and responsibilities remaining with the
parent after legal custody, or guardianship of the person of said child has been
vested in another person, agency, or institution, but where parental rights have
not been terminated, including, but not necessarily limited to, the responsibility
for support, the right to consent to adoption, the right to inherit from the child,
the right to determine the child’s religious affiliation, and the right to reasonable visitation with the child unless restricted by the Court.
T. Termination of parental rights or termination of parent-child legal
relationship. ‘‘Termination of parental rights’’ or ‘‘termination of the parentchild legal relationship’’ means the permanent elimination by Court order of all
parental rights and duties, including residual parental rights and duties, but not
including the child’s right to inherit from the parent whose rights have been
terminated.
U. Transfer proceeding. ‘‘Transfer proceeding’’ means any proceeding in
the Court to grant, accept, or decline transfer of any children’s case from or to
the courts of any Indian Nation or state whenever such transfer is authorized
by Tribal, federal, or state law.
[NCA 01–126, § 103, approved Aug. 9, 2001.]
Cross References
Legal custody, guardianship, see Title 6, § 1–814.

§ 1–103. Definitions; family and custodial relationships
The following definitions shall be followed in all child custody proceedings in
the Nation’s District Court, and are also hereby recognized as the official law of
the Muscogee (Creek) Nation in all state child custody proceedings involving
children of members of the Muscogee (Creek) Nation or children who are
members of the Muscogee (Creek) Nation and who are subject to the federal
Indian Child Welfare Act, 25 U.S.C. § 1901 et seq. and the Oklahoma Indian
Child Welfare Act, 10 O.S. § 40 et seq. in such state court proceedings:
A. Adoptive extended family member. A person shall be recognized as an
adoptive member of the child’s extended family if such person would come
within the terms of the definitions of said extended family members set forth in
this section by virtue of a lawful adoption accomplished in one of the following
ways:
1. Pursuant to order of a state court or of a Tribal Court, including the
Nation’s District Court, provided that said court possessed jurisdiction over the
child sufficient to issue such order; or
2. Pursuant to custom of an Indian Nation, including customs regarding
clan memberships, provided that the person claiming to be an adoptive mem337

Title 6, § 1–103

CHILDREN

ber of the child’s extended family pursuant to Tribal custom shall have the
burden of proof of establishing the fact of his adoptive relationship with he
child’s family, and such proof must include the testimony of at least one
qualified expert witness knowledgeable about said customs.
B.

Aunt. ‘‘Aunt’’ means a person who, by blood or marriage, is:

1.

A female sibling of the biological parents; or

2.

A female cousin of the biological parents; or

3. Any other person, who, by virtue of an adoption either of herself or a
member of her family is an ‘‘adoptive extended family member’’ as defined by
subsection A of this section and who qualifies as an aunt in accordance with
paragraph 1 or 2 of this subsection.
C.

Brother. ‘‘Brother’’ means a person who is:

1.

Any male sibling; or

2. Any other person, who, by virtue of an adoption either of himself or a
member of his family is an ‘‘adoptive extended family member’’ as defined by
subsection A of this section and who qualifies as a brother in accordance with
this subsection.
D. Brother-in-law. ‘‘Brother-in-law’’ means the husband of a sister by blood
or marriage.
E. Cousin. ‘‘Cousin’’ means the child of an aunt or uncle; or the child of the
child of an aunt or uncle.
F. Extended family member. ‘‘Extended family member’’ shall mean a
person who has reached the age of eighteen (18) and who is the Indian child’s:
1.

Grandparent;

2.

Aunt or uncle;

3.

Brother or sister;

4.

Fellow clan member;

5.

Niece or nephew; or

6.

First or second cousin.

G.

Grandparent. ‘‘Grandparent’’ means a person who is:

1.

A biological grandparent; or

2.
or
3.

The brothers and sisters of a biological grandparent, and their spouses;
A biological great-grandparent; or

4. Any other person, who, by virtue of an adoption either of himself or a
member of his family is an ‘‘adoptive extended family member’’ as defined by
subsection A of this section and who qualifies as an aunt in accordance with
paragraphs 1 or 2 of this subsection.
H. Indian custodian. ‘‘Indian custodian’’ means any Indian person who has
legal custody of an Indian child pursuant to the following type of authorization:
338

GENERAL PROVISIONS

Title 6, § 1–103

1. Pursuant to order of a state court or of a Tribal Court, including the
Nation’s District Court, provided that said Court possessed jurisdiction over the
child sufficient to issue such order; or
2. Pursuant to authorization by a parent who has transferred the temporary
physical care, custody, and control over the child to such person, provided that
said authorization need not be in writing, and may be established by testimony
regarding verbal statements by the parent, habits and practices of the parent
and the person claiming to be an Indian custodian regarding custody of the
child, and proof of any other factors relevant to the person’s status as an Indian
custodian; or
3. Pursuant to customs of the Tribe of which the child is a member, based
upon testimony of at least one qualified expert witness knowledgeable about
said customs.
I. Nephew. ‘‘Nephew’’ means the male child of a brother, sister, brother-inlaw, or sister-in-law, by blood, marriage, or adoption or custom.
J. Niece. ‘‘Niece’’ means the female child of a brother, sister, brother-inlaw, or sister-in-law, by blood, marriage, adoption, or custom.
K.

Parent. ‘‘Parent’’ means:

1. Any biological parent of an Indian child, not including an unwed father,
unless he has acknowledged paternity of the child orally to two or more
disinterested parties or in writing under oath unless paternity has been established by judicial action; or
2. Any person who has lawfully adopted an Indian child pursuant to order
of a state court or of a Tribal Court, including the District Court, provided that
said court possessed jurisdiction over the child sufficient to issue such order; or
3. Any person who has adopted a child pursuant to custom, common law or
tradition of an Indian Nation.
L.

Sister. ‘‘Sister’’ means:

1.

Any female sibling, or

2. Any other person, who, by virtue of an adoption either of herself or a
member of her family is an ‘‘adoptive extended family member’’ as defined by
subsection A of this section and who qualifies as a sister in accordance with
paragraphs 1 or 2 of this subsection.
M. Sister-in-law. ‘‘Sister-in-law’’ means the wife of a brother by blood or by
marriage.
N. Stepparent. ‘‘Stepparent’’ means a person married to a biological parent, but who is not a biological parent of the child.
O.

Uncle. ‘‘Uncle’’ means a person who, by blood or marriage, is:

1.

A male sibling of the biological parents; or

2.

A male cousin of the biological parents; or

3. Any other person, who, by virtue of an adoption either of himself or a
member of his family is an ‘‘adoptive extended family member’’ as defined by
339

Title 6, § 1–103

CHILDREN

subsection A of this section and who qualifies as an uncle in accordance with
paragraphs 1 or 2 of this subsection.
[NCA 01–126, § 104, approved Aug. 9, 2001.]
Cross References
Placement preferences, see Title 6, § 1–811.

§ 1–104. Definitions; courts and agencies
A. Child placement agency. ‘‘Child placement agency’’ means an agency
designed for the care or placement of children licensed or approved pursuant
to law of the Nation, or, if outside the Nation’s jurisdiction, by the law of the
jurisdiction in which such facility is physically located, or both.
B. Child protection worker. ‘‘Child protection worker’’ means the person
who is responsible for the investigation of child abuse and neglect for Indian
children subject to the District Court’s jurisdiction and referral of cases to the
Prosecutor for filing, and for periodic reports and recommendations to the
District Court regarding children placed in foster care by the District Court.
C. Child treatment worker. ‘‘Child welfare worker’’ means the person who
is responsible for providing culturally oriented preventive and treatment services to at-risk Indian families, including education of the Indian community on
child protection issues; and providing care and protection to Muscogee (Creek)
children removed from their homes through advocacy of the Indian Child
Welfare Act in state court, conduct of placement home studies and placement
recommendations to the state court and the District Court, supervision of
children placed by the District Court in the legal custody of the Muscogee
(Creek) Nation Children and Family Services Administration, reports to the
state court and the District Court, and maintenance of a Tribal foster care
program.
D. Children and Family Services Administration (CFSA). ‘‘Children and
Family Services Administration’’ or ‘‘CFSA’’ means the Children and Family
Services Administration of the Muscogee (Creek) Nation.
E. District Court.
District Court.

‘‘District Court’’ means the Muscogee (Creek) Nation

F. Law enforcement agency. ‘‘Law enforcement agency’’ means a law
enforcement agency of the Nation, the Bureau of Indian Affairs, a municipality,
a county sheriff or a state agency.
G. Lighthorse Police. ‘‘Lighthorse Police’’ means the law enforcement
agency of the Muscogee (Creek) Nation.
H. Receiving agency. ‘‘Receiving agency’’ means the department or law
enforcement agency first receiving a report of alleged child abuse.
[NCA 01–126, § 104–A, approved Aug. 9. 2001; amended by NCA 06–059, § 1, approved
May 8, 2006.]

§ 1–105. Definitions; types of children’s needs requiring court intervention
A. Abused child. ‘‘Abused child’’ means a child who is the subject of an act
or omission by a parent, guardian or custodian in one of the following
340

GENERAL PROVISIONS

Title 6, § 1–105

categories which seriously threatens the health or welfare of the child, provided
that persons investigating reports of child abuse shall take into account accepted child rearing practices of the culture in which the child participates:
1. Any case in which a child exhibits evidence of skin bruising, bleeding,
malnutrition, failure to thrive, burns, fracture of any kind, subdural hematoma,
soft tissue swelling, or death, and such condition or death is at variance with
the degree or type of such condition arising from accidental or natural causes,
or circumstances indicate that such condition or death may not be the product
of an accidental or natural causes; or
2. Any case in which a child is subject to serious emotional damage, based
on findings by a qualified expert witness who is a psychiatrist or psychologist;
or
3.

Any case in which a child is subject to sexual assault or molestation; or

4. Any case in which the child’s parents, legal guardians or custodians have
allowed another to abuse the child without taking lawful means to stop such
abuse and prevent it from recurring.
B. Child in need of supervision. ‘‘Child in need of supervision’’ means any
child:
1. Who has repeatedly disobeyed reasonable and lawful commands or
directives of his parent, legal guardian, or other custodian; or
2. Who is willfully and voluntarily absent from his home without the
consent of his parent, guardian, or legal custodian for a substantial period of
time, or without intent to return; or
3. Who, being subject to compulsory school attendance, is willfully, voluntarily, and habitually absent from school for ten (10) or more days or parts of
days within a semester or for four (4) or more days or parts of days within a
four (4) week period without a valid excuse as defined by the local school
boards if said child is subject to compulsory school attendance.
C.

Child in need of treatment.

1. ‘‘Child in need of treatment’’ means a child who has a demonstrable
mental illness and as a result of that mental illness:
a. Can be expected within the near future to intentionally or unintentionally
seriously physically injure himself or another person and has engaged in one or
more recent overt acts or made significant recent threats which substantially
support that expectation; or
b. Is unable to attend to those of his basic needs that must be attended to in
order for him to avoid serious harm in the near future and has demonstrated
such inability by failing to attend to those basic needs in the recent past. A
determination regarding the ability of the child to attend to his basic needs
shall be based upon the age of the child and reasonable and appropriate
expectation of the abilities of a child of such age to attend to said needs.
2. The term ‘‘child in need of treatment’’ shall not mean a child afflicted
with epilepsy, developmental disability, organic brain syndrome, physical handicaps, brief periods of intoxication caused by such substances as alcohol or
341

Title 6, § 1–105

CHILDREN

drugs or who is truant or sexually active unless the child also meets the criteria
of a child in need of treatment pursuant to the definitions contained herein.
D.

Delinquent child. ‘‘Delinquent child’’ means a child who:

1. Has violated any lawful order of the Court made pursuant to this chapter
or has violated any federal law, law of the Nation, or state law, except traffic
laws and hunting and fishing laws; or
2.

Has habitually violated any traffic, hunting, or fishing laws.

E. Deprived child, dependent child, neglected child. ‘‘Deprived child,’’
‘‘dependent child’’ or ‘‘neglected child’’ means a child who is the subject of an
act or omission by a parent, guardian or custodian in one of the following
categories which threatens the health or welfare of the child, provided that
persons investigating reports of child neglect shall take into account accepted
child rearing practices of the culture in which the child participates:
1.

A child who is for any reason destitute or homeless; or

2. A child who does not have the proper parental care or guardianship
through the actions or omissions of a parent, guardian or custodian; or
3. A child whose home is an unfit place for the child by reason of neglect,
cruelty or depravity on the part of his parents, legal guardian or other person in
whose care the child may be, including but not limited to an abused child; or
4. A child whose parent, guardian, or custodian has allowed another to
mistreat or abuse the child without taking lawful means to stop such maltreatment or abuse and prevent it from recurring; or
5. A child whose parent, guardian, or legal custodian has abandoned the
child without intent to return, or who had placed him informally and without
benefit of Tribal custom with any other person, and/or has not contributed to
the support of the child or maintained personal contact with the child for a
period in excess of twelve (12) months.
6. A child who is a handicapped child deprived of the nutrition necessary to
sustain life or of the medical treatment necessary to remedy or relive a lifethreatening medical condition in order to cause or allow the death of said child
if such nutrition or medical treatment is generally provided to similarly situated
non-handicapped or handicapped children, provided that no medical treatment
is necessary if, in the reasonable medical judgment of the attending physician,
such treatment would be futile in saving the life of the child; or
7. A child who is, due to improper parental care and guardianship, absent
from school for ten (10) or more days or parts of days within a semester or for
four (4) or more days or parts of days within a four (4) week period without a
valid excuse as defined by the local school boards if said child is subject to
compulsory school attendance.
[NCA 01–126, § 105, approved Aug. 9, 2001.]

§ 1–106. Definitions; placement facilities
A. Child care center. ‘‘Child care center’’ means an institution or facility
designed for the care of children licensed or approved pursuant to law of the
342

Title 6, § 1–107

GENERAL PROVISIONS

Nation, or, if outside the Nation’s jurisdiction, by the law of the jurisdiction in
which such facility is physically located, or both.
B. Emergency shelter home. ‘‘Emergency shelter home’’ means a foster
home licensed by the Muscogee (Creek) Nation Children and Family Services
Administration (CFSA) and designated primarily for time-limited emergency
placements, usually lasting no longer than thirty (30) days for any child.
C. Family foster home or foster home. ‘‘Family foster home’’ or ‘‘foster
home’’ means a home where care is provided to a total of not more than ten
(10) children at any given time, including children who are not foster children,
in a family type setting, licensed or approved pursuant to law of the Nation, or,
if outside the Nation’s jurisdiction, by the law of the jurisdiction in which such
facility is physically located or both.
D. Group care facilities. ‘‘Group care facilities’’ means places other than
family care homes or child care centers providing care for small groups of
children.
E. Halfway house. ‘‘Halfway house’’ means group care facilities for children
who have been placed on probation or parole by virtue of being adjudicated
delinquent or in need of supervision under this chapter.
F. Shelter. ‘‘Shelter’’ means a facility for the temporary care of a child in
physically unrestricting facilities pending court disposition, or execution of a
court order for emergency or temporary placement.
G. Special services home. A ‘‘special services home’’ means a foster home
licensed by the CFSA and able to provide extraordinary care or services, by
virtue of training, experience, and/or special skills.
[NCA 01–126, § 106, approved Aug. 9, 2001.]

§ 1–107. Role of the Prosecutor in juvenile proceedings
The Prosecutor shall act on behalf of the people of the Muscogee (Creek)
Nation for the protection of the child in all state and Tribal Court child custody
proceedings subject to the Juvenile Code. The CFSA is primarily responsible
for the protection of children in state and Tribal custody; however, the
Prosecutor shall be responsible for the legal proceedings in deprived actions for
Tribal courts and state courts, in accordance with § 1–205 of this Title. CFSA
may request legal advice or representation in other matters. The Prosecutor
shall assist the CFSA pursuant to the requirements of the Juvenile Code, but
shall exercise independent professional judgments related to the protection of
the child. If a conflict of interest should arise between CFSA staff and the child
or between elected officials and the child, the Prosecutor’s foremost obligations
shall be to uphold the law for the protection of the child.
[NCA 01–126, § 110, approved Aug. 9, 2001; amended by NCA 06–059, § 1, approved
May 8, 2006.]
Library References
Indians O640.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

343

Title 6, § 1–108

CHILDREN

§ 1–108. District Court
The District Court shall be the Muscogee (Creek) Nation District Court or its
Juvenile Division. The Chief Judge shall appoint the Judge or Judges who may
act as the District Court, including Special Judges.
[NCA 01–126, § 111, approved Aug. 9, 2001.]
Cross References
District Court, generally, see Title 26, § 2–101 et seq.

Library References
Indians O401.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–109. Place of sitting
The District Court shall sit in the same place the District Court sits, provided,
that the Juvenile Division, in a transfer proceeding or where otherwise necessary and expedient in the interest of justice and economy, with the approval of
the Chief Judge, may sit anywhere within the territorial limits of the United
States.
[NCA 01–126, § 112, approved Aug. 9, 2001.]
Cross References
Terms and location of court, rules and procedures, see Title 27, App. 1, Rule 3.

Library References
Indians O401.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

SUBCHAPTER 2. CHILDREN AND FAMILY
SERVICES ADMINISTRATION
Section
1–201. Muscogee (Creek) Nation Children and Family Services Administration.
1–202. Contracts and cooperative agreements.
1–203. General authority and duties.
1–204. Proceedings in District Court.
1–205. State court proceedings.
1–206. Multi-Disciplinary Team.
1–207. Manager.

§ 1–201. Muscogee (Creek) Nation Children and Family Services Administration
The Muscogee (Creek) Nation Children and Family Services Administration
(CFSA) is an agency of the Muscogee (Creek) Nation of Oklahoma subject to the
fiscal and administrative supervision of the Executive Office of the Muscogee
(Creek) Nation.
[NCA 01–126, § 107, approved Aug. 9, 2001.]

344

Title 6, § 1–203

GENERAL PROVISIONS
Cross References
Executive Office, see Title 16, § 1–101 et seq.

Library References
Indians O132.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150, 152, 154 to 176.

§ 1–202. Contracts and cooperative agreements
The Principal Chief is authorized to approve and execute all federal contracts
related to funding of the CFSA, and to execute cooperative agreements with the
State of Oklahoma, provided that said cooperative agreements are first approved by the National Council.
[NCA 01–126, § 107, approved Aug. 9, 2001.]
Cross References
Applications for financial assistance, see Title 37, § 2–501 et seq.

Library References
Indians O132, 216.
Westlaw Topic No. 209.
C.J.S. Indians §§ 59, 150, 152, 154 to 176.

§ 1–203. General authority and duties
The CFSA shall be responsible for the following:
A. Providing culturally oriented preventive and treatment services to at-risk
Indian families within the jurisdiction of the Nation, including parenting skills
training and education of the Indian community on child protection issues;
B. Conducting home studies and preparing reports for purposes of foster
care licensing and recommendations relating to potential adoptive parents;
C.

Issuing foster care licenses and supervision of foster care families;

D. Negotiating cooperative agreements between the Nation and other states
or tribes relating to provision of services to Indian children and their families,
provided that said agreements shall not be effective unless approved by the
National Council and executed by the Principal Chief;
E. Cooperating with other social services agencies in order to ensure the
best possible protection of Indian children and their families; and
F.

Exercising all other duties consistent with this title.

[NCA 01–126, § 108, approved Aug. 9, 2001.]
Cross References
Adoptions, generally, see Title 6, § 1–1001 et seq.
Foster care, see Title 6, § 1–1101 et seq.

Library References
Indians O132.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150, 152, 154 to 176.

345

Title 6, § 1–204

CHILDREN

§ 1–204. Proceedings in District Court
The CFSA shall be responsible for the protection of Indian children subject to
the jurisdiction of the District Court. In performing these duties, the CFSA shall
have authority to engage in the following activities:
A. Investigation of all reports or complaints regarding Indian children
located within the territorial boundaries of the Muscogee (Creek) Nation and
domiciled on Indian country or otherwise subject to the jurisdiction of the
Muscogee (Creek) Nation;
B. Request of legal documents for child custody proceedings where necessary for the protection of Indian children;
C. Submission of these legal requests to the Prosecutor of the Muscogee
(Creek) Nation for action;
D. Placement and supervision of children placed by the District Court in the
legal custody of the Muscogee (Creek) Nation Children and Family Services
Administration, including emergency placements;
E. Conduct placement home studies and placement recommendations regarding children in foster care to the District Court;
F. Reports and recommendations regarding children in foster care to the
District Court; and
G. Participation in and attendance at all District Court proceedings in order
to serve as an advocate for the child, including permanency planning for the
child.
[NCA 01–126, § 108, approved Aug. 9, 2001.]
Library References
Indians O132.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150, 152, 154 to 176.

§ 1–205. State court proceedings
The Prosecutor shall provide the following services in state court proceedings:
A. Intervention on behalf of the Muscogee (Creek) Nation in all Oklahoma
state court child custody proceedings involving Muscogee (Creek) children
domiciled in Indian country within the jurisdiction of the Nation, in order to
secure dismissal of said state court action for lack of state court jurisdiction;
and referral of said case to the Child Protection Worker for institution of child
custody proceedings in the District Court if necessary for the protection of the
child.
B. Intervention on behalf of the Muscogee (Creek) Nation in all Oklahoma
state court child custody proceedings within the boundaries of the Muscogee
(Creek) Nation involving enrolled Muscogee (Creek) children or Muscogee
(Creek) Nation children whose biological parent or parents are enrolled members, in order to serve as an advocate of the Muscogee (Creek) Nation regarding
proper placement of the child; and to move on behalf of the Nation to transfer
proceedings to the Nation’s District Court if appropriate. CFSA shall conduct
346

Title 6, § 1–206

GENERAL PROVISIONS

and prepare home studies; provide supervision; provide rehabilitative services
to the child and his family; prior to each hearing, prepare reports and
recommendations to the appropriate Court; and attend all Court hearings in
said matter;
C. Intervention on behalf of the Muscogee (Creek) Nation in child custody
proceedings involving enrolled Muscogee (Creek) children or Muscogee (Creek)
Nation children whose biological parent or parents are enrolled members
arising in an Oklahoma state court outside the boundaries of the Muscogee
(Creek) Nation, or a Tribal court located within Oklahoma, for the limited
purpose of monitoring activities in said proceedings or for the purpose set forth
in paragraph B of this subsection; and,
D. Intervention on behalf of the Muscogee (Creek) Nation in child custody
proceedings involving Muscogee (Creek) children arising in state or Tribal
courts outside of the state of Oklahoma, for the limited purpose of monitoring
activities in said proceedings or for the purposes set forth in paragraph B of
this subsection.
[NCA 01–126, § 108, approved Aug. 9, 2001; amended by NCA 06–059, § 1, approved
May 8, 2006; NCA 07–252, § 2, eff. Oct. 10, 2007; NCA 07–252, § 3, eff. Oct. 10, 2007.]
Library References
Indians O136.
Westlaw Topic No. 209.
C.J.S. Indians §§ 154 to 176.

§ 1–206. Multi-Disciplinary Team
The CFSA shall maintain an effective Multi-Disciplinary Team (hereinafter
‘‘MDT’’), which shall have responsibility for making recommendations regarding the diagnostic, prognostic, and treatment services being offered to the child
or family in connection with reported abuse, pursuant to the following requirements:
A. The MDT shall staff each case on an anonymous basis. In all its discussions, the team shall not disclose the names or addresses or any other identifying information relating to the children, families, or informants in those cases.
B. At the beginning of the discussion of each case, a designated team
member shall state the following information: The severity of the abuse or
neglect and the age and sex of the child. The team shall also state whether the
child was hospitalized and whether the child’s medical records were checked.
C. The public shall not be permitted to attend those portion of MDT
meetings concerned with mandatory team discussions of public and private
agencies responses to each report of child abuse and neglect being considered
by the team, as well as the team’s recommendations related to public agency
responses.
D. At the meeting, the MDT shall review the responses of public and private
agencies to each report of child abuse or neglect and shall state whether such
response was timely and adequate.
[NCA 01–126, § 108, approved Aug. 9, 2001.]

347

Title 6, § 1–206

CHILDREN
Cross References

Records and reports of incidents of domestic abuse, see Title 6, § 3–314.

Library References
Indians O132.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150, 152, 154 to 176.

§ 1–207. Manager
The Manager of the CFSA shall be responsible for the day to day operation of
CFSA, shall hire staff pursuant to the personnel policies and procedures of the
Nation, shall supervise all staff of CFSA, shall maintain oversight over caseloads, shall be responsible for seeking funding sources and preparing grant
applications, and shall prepare and submit quarterly reports to the Principal
Chief for distribution to the National Council.
[NCA 01–126, § 109, approved Aug. 9, 2001.]
Library References
Indians O132.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150, 152, 154 to 176.

SUBCHAPTER 3.

JURISDICTION AND VENUE

Section
1–301. Jurisdiction over Indian children domiciled in Indian country.
1–302. Jurisdiction over Indian children domiciled outside of Indian country.
1–303. Indian Child Welfare Act transfers from state courts.
1–304. Indian Child Welfare transfers from Tribal courts to the Muscogee (Creek)
Nation District Court.
1–305. Muscogee (Creek) Nation District Court transfers to other Tribal or state courts.
Cross References
Jurisdiction of Muscogee (Creek) Nation Courts, see Title 27, § 1–102.

§ 1–301. Jurisdiction over Indian children domiciled in Indian country
Except as otherwise provided by law, the District Court shall have exclusive
jurisdiction in child custody proceedings involving a Muscogee (Creek) child
domiciled in Indian country within the Muscogee (Creek) Nation and concurrent jurisdiction with the child’s Tribe in all cases involving an Indian child of
another Tribe domiciled in Indian country within the boundaries of the Muscogee (Creek) Nation, including the following types of proceedings: cases in
which the child has been made a ward of the District Court; foster care
placements; termination of parental rights; preadoptive placements; adoptive
placements; guardianships; transfer proceedings to or from a court of another
sovereign; child support; paternity actions; actions for judicial consent to the
marriage, employment or enlistment of a child, when such consent is required
by law; actions for writ of habeas corpus; and actions for the treatment or
commitment of a mentally ill or developmentally disabled child. The District
348

Title 6, § 1–303

GENERAL PROVISIONS

Court shall possess exclusive jurisdiction over all delinquency proceedings
involving Indian children and involving acts occurring in Indian country,
provided that such jurisdiction may be concurrent with the state in the case of
delinquency cases involving delinquent acts occurring both in Indian country
and outside Indian country.
[NCA 01–126, § 113, approved Aug. 9, 2001.]
Cross References
Adoptions of children, jurisdiction, see Title 6, § 1–1001.

Library References
Indians O134 to 136, 134(3), 501.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150 to 179.

§ 1–302. Jurisdiction over Indian children domiciled outside of Indian
country
A. Concurrent jurisdiction. The District Court shall have concurrent jurisdiction with the state in child custody proceedings involving a Muscogee
(Creek) child who is not domiciled in Muscogee (Creek) Nation Indian country,
including foster care placements, termination of parental rights, pre-adoptive
placements, adoptive placements, guardianships, child support, paternity actions, actions for judicial consent to the marriage, employment or enlistment of
a child, when such consent is required by law, and for the treatment or
commitment of a mentally ill or developmentally disabled child.
B. Manner in which concurrent jurisdiction may be exercised. Concurrent
jurisdiction shall be exercised by the District Court in the following circumstances, provided that the child shall be made a ward of the court in such cases:
1. When a child custody proceeding has been filed in District Court, and no
other child custody proceedings has been held in the court of another jurisdiction; or
2. When a child custody proceeding has been filed in the court of another
sovereign and such proceeding involves a Muscogee (Creek) child and the case
has been transferred to the District Court pursuant to Title 6, §§ 1–303 and
1–304.
[NCA 01–126, § 114, approved Aug. 9, 2001.]
Cross References
Adoptions of children, jurisdiction, see Title 6, § 1–1001.

Library References
Indians O501.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–303. Indian Child Welfare Act transfers from state courts
A. Conditions. Pursuant to the Indian Child Welfare Act, 25 U.S.C.
§ 1911(b), any state court may transfer to the District Court herein any foster
349

Title 6, § 1–303

CHILDREN

care or parental rights termination proceeding subject to exclusive or concurrent Tribal jurisdiction involving any Indian child who is a member of or
eligible for membership in the Nation, if the District Court accepts jurisdiction
over the case.
B. Hearing on acceptance of transfer. The District Court shall determine, in
a transfer hearing initiated by the Nation or the child’s parent or Indian
custodian, whether the transfer to its jurisdiction is required (1) because the
District Court has exclusive jurisdiction over the case or (2) because the case is
subject to concurrent Tribal jurisdiction and would not be detrimental to the
best interest of the child. Such determination shall be made after the order of
transfer is received by the Court Clerk. In cases involving concurrent jurisdiction the Court may consider the following:
1. Whether the child or its family will be in need of special services for
physical or mental disease or defect which the Nation and its resources are
unable to adequately provide; and
2. If transfer is tendered prior to adjudication, whether the witnesses
necessary to adjudicate the case will be available. If the witnesses will probably
not appear the Court should decline to accept the transfer until after the
adjudication is completed; and
3. Any other matters which may adversely affect the Nation’s ability to
provide treatment or necessary services to the family.
C. Transfer procedures. A state court transferring a case to the Nation’s
jurisdiction under subsection A of this section shall transmit all documents and
legal and social records, or certified copies thereof, to the District Court, which
court shall proceed with the case as if the petition had been originally filed or
the adjudication had been originally made in this Court. Transfer cases shall be
assigned a District Court juvenile division case number as in other cases.
[NCA 01–126, § 115, approved Aug. 9, 2001.]
Library References
Indians O134(3), 501.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

Code of Federal Regulations
Reassumption of jurisdiction over child custody proceedings, see 25 CFR 13.1 et seq.

§ 1–304. Indian Child Welfare transfers from Tribal courts to the Muscogee
(Creek) Nation District Court
Any Tribal court or other CFR court may transfer to the District Court herein
any case involving a Muscogee (Creek) child, if the District Court finds that the
transfer would not be detrimental to the best interests of the child, pursuant to
the same requirements as Title 6, § 1–303.
[NCA 01–126, § 116, approved Aug. 9, 2001.]
Library References
Indians O134(3).
Westlaw Topic No. 209.

350

Title 6, § 1–305

GENERAL PROVISIONS
Code of Federal Regulations

Reassumption of jurisdiction over child custody proceedings, see 25 CFR 13.1 et seq.

§ 1–305. Muscogee (Creek) Nation District Court transfers to other Tribal
or state courts
A. Conditions. The District Court, absent objection by either parent, is
authorized to transfer any children’s case arising within the court’s jurisdiction,
said child not being a member or eligible for membership in the Nation, to the
Court of the child’s Indian Nation, or if the child is a non-Indian, to the courts
of the state where the child is a resident or domiciled, upon the petition of the
Prosecutor, either parent, a custodian or guardian, the Indian Nation of which
the child is a member or eligible for membership, or an appropriate official of
the child’s state.
B.
er:
1.

Considerations. In making such transfers the District Court may considThe best interests of the child;

2. Any special needs or mental or physical disease or defects of the child
and family and the ability of the Nation and the receiving jurisdiction to meet
those needs;
3. If transfer is requested prior to adjudication, whether witnesses necessary
to the adjudication can attend in the receiving jurisdiction;
4.

Emotional, cultural, and social ties of the child and its family; and

5. The likelihood that the same child and family would return to the
Nation’s jurisdiction within a reasonable time and come before the District
Court again.
C. Order of transfer. Upon entering an order transferring a case as provided in this section, the Court shall serve a certified copy of the order of transfer,
the legal case file, and any social or police reports concerning the child’s case
to the Court Clerk of the receiving jurisdiction by certified mail, return receipt
requested. The District Court may retain physical custody of the child pending
an order or notice of acceptance from the receiving jurisdiction, and upon
receiving such order or notice, may close the case file and dismiss the case
subject to any necessary order for the protection of the child until completion of
physical transfer to the receiving jurisdiction.
[NCA 01–126, § 117, approved Aug. 9, 2001.]
Library References
Indians O132, 401, 501.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150 to 179.

Code of Federal Regulations
Reassumption of jurisdiction over child custody proceedings, see 25 CFR 13.1 et seq.

351

Title 6, § 1–305

CHILDREN

SUBCHAPTER 4.

PROCEDURE, GENERALLY

Section
1–401. Procedural requirements.
1–402. Hearings.
1–403. Jury trials.
1–404. Effect of proceedings.
1–405. Inspection of court records.
1–406. Expungement of delinquency or in need of supervision court records.
1–407. Exclusion of certain statements by alleged delinquent.
1–408. Appeals.
Cross References
Judicial procedures, generally, see Title 27, § 1–101 et seq.

§ 1–401. Procedural requirements
A. The rules of juvenile procedure herein set forth shall apply in all proceedings under this chapter. To the extent that any procedure is not specifically set
forth herein, the general rules of civil procedure shall apply.
B. In cases involving an allegation of delinquency by means of commission
of an offense, the adjudicatory hearing shall be held in conformity with the
rules of criminal procedure, and the child shall be entitled to all the rights,
privileges, and immunities of an accused in a criminal case.
C. The District Court shall have the authority by written court rule not
inconsistent with this chapter or other law of the Muscogee (Creek) Nation
setting forth rules of civil procedure and filed of record in the Court Clerk’s
office and National Council Secretary’s office to provide for any procedure or
form necessary for the efficient, orderly, and just resolution of cases under this
chapter.
[NCA 01–126, § 118, approved Aug. 9, 2001.]
Cross References
Criminal offenses, see Title 14, § 2–101 et seq.
Criminal procedure, see Title 14, § 1–101 et seq.
Rules and procedures of tribal courts, see Title 27, App. 1.
Tribal court proceedings, see Title 27, § 2–101 et seq.

Library References
Indians O132, 501, 640.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150 to 179.

§ 1–402. Hearings
A. Procedure. Hearings shall be held before the Court without a jury, except
as provided in Title 6, § 1–403, and may be conducted in an informal manner,
except in proceedings brought concerning an alleged delinquent. The general
public, including elected officials, shall be excluded unless the Court determines that it is in the best interest of the child to allow the general public to
attend. The Court shall admit only such persons as have an interest in the case
or the work of the Court, including persons whom the parents or Indian
352

Title 6, § 1–403

GENERAL PROVISIONS

custodian wish to be present unless an order has been entered authorizing the
general public to attend. Hearings may be continued from time to time as
ordered by court.
B. Record. An audio tape record shall be taken of all proceedings which
might result in the deprivation of custody. An audio tape record shall be made
in all other hearings, unless waived by the parties in the proceeding and so
ordered by the Judge.
C. Consolidated hearings. When more than one (1) child is named in a
petition alleging delinquency, need of supervision, or neglect or dependency,
the hearings may be consolidated; or heard separately at any stage of the
proceeding in the Court’s discretion.
D. Separate hearings. Children’s cases shall be heard separately from
adult’s cases, and the child or his parents, guardian, or other custodian may be
heard separately when deemed necessary by the Court.
E. Confidentiality. The name, picture, place of residence, or identity of any
child, parent, guardian, other custodian, or person appearing as a witness in
children’s proceedings under this chapter shall not be published in any newspaper or in any other publication nor given any other publicity unless for good
cause it is specifically permitted by order of the Court. Any person who violates
the provisions of this subsection is guilty of a misdemeanor and, upon conviction, thereof, shall be punished by a fine of not more than five hundred dollars
($500.00), or by imprisonment in the Court’s detention facilities for not more
than thirty (30) days, or by both such fine and imprisonment.
[NCA 01–126, § 119, approved Aug. 9, 2001.]
Cross References
Trials, see Title 27, § 2–109 et seq.

Library References
Indians O132, 519, 651.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150 to 179.

§ 1–403. Jury trials
A. Demand for jury. The child, his parent or guardian, or any interested
party may demand a trial by jury of not more than six (6) persons:
1. In adjudicatory hearings concerning an alleged delinquent, deprived
child, or child in need of supervision;
2.

In hearings seeking termination of parental rights;

3.

In determining the parentage of a child under this chapter.

B. Failure to demand. Unless a jury is demanded, it shall be deemed to be
waived.
[NCA 01–126, § 120, approved Aug. 9, 2001; amended by NCA 06–059, § 1, approved
May 8, 2006.]

353

Title 6, § 1–403

CHILDREN
Cross References

Jury trial, generally, see Title 27, § 2–110 et seq.
Rules and procedures, jury trial, see Title 27, App. 1, Rule 11 et seq.

Library References
Indians O651.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–404. Effect of proceedings
A. No civil disability. No adjudication or disposition in proceedings under
this chapter shall impose any civil disability upon a child or disqualify him from
any personnel system of the Nation, military service application, appointment
or from holding an office of the Nation.
B. Admissibility of evidence in other proceedings. No adjudication, disposition, or evidence given in proceedings brought under this chapter shall be
admissible against a child in any criminal or other action or proceedings,
except in subsequent proceedings under this chapter concerning the same
child.
[NCA 01–126, § 121, approved Aug. 9, 2001.]
Library References
Indians O132, 520(3), 526.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150 to 179.

§ 1–405. Inspection of court records
A. Right to inspect. Records of court proceedings shall be open to inspection by the parents or guardian, attorneys and other parties in proceedings
before the Court, and to any agency to which legal custody of the child has been
transferred, except records of court proceedings in formal adoption and formal
relinquishment shall be confidential and open to inspection only by Court
order.
B. No right to inspect. Probation counselors’ records and all other reports
of social and clinical studies shall not be open to inspection, except by consent
of Court.
[NCA 01–126, § 122, approved Aug. 9, 2001.]
Cross References
Review, lending or copying of court files, see Title 27, App. 1, Rule 15B.

§ 1–406. Expungement of delinquency or in need of supervision court
records
A. Petition. Any person who has been adjudicated delinquent or in need of
supervision, who was taken into custody on an allegation of delinquency or
need of supervision, or who was the subject of a petition for delinquency or
need of supervision later may petition the Court for the expungement of his
record and shall be so informed at the time of adjudication, or the Court, on its
354

GENERAL PROVISIONS

Title 6, § 1–407

own motion may initiate expungement proceedings concerning the record of
any child who has been under the jurisdiction of the Court. Such petition shall
be filed or such court order entered no sooner than two (2) years after the date
of termination of the Court’s jurisdiction over the person. Only by stipulation of
all parties involved may expungement be applied for prior to the expiration of
two (2) years from the date of termination of the Court’s jurisdiction or
termination of the Court’s supervision under an informal adjustment.
B. Hearing; notice. Upon the filing of a petition for expungement or
entering of a court order, the Court shall set a date for a hearing and shall
notify the Prosecutor and anyone else whom the Court has reason to believe
may have relevant information related to the expungement of the record,
including the child’s past or present foster parents and all agencies or officials
known to have relevant files relating to the individual.
C. Order. The Court shall order sealed all records in the petitioner’s case in
the custody of the Court and any records in the custody of any other agency or
official, if at the hearing the Court finds that:
1. The subject of the hearing has not been convicted of a felony or of a
misdemeanor involving moral turpitude and has not been adjudicated under
this chapter since the termination of the Court’s jurisdiction;
2. No proceeding concerning a felony, a misdemeanor involving moral
turpitude, or a petition under this chapter is pending or being instituted against
him; and
3. The rehabilitation of the person has been attained to the satisfaction of
the Court.
D. Expungement. Upon the entry of an order to seal the records, the
proceedings in the case shall be deemed never to have occurred, and all index
references shall be deleted, and the person, every agency, and the Court may
properly reply that no record exists with respect to such person upon any
inquiry in the matter. Copies of the order shall be sent to each agency or official
named therein.
E. Inspection of expunged records. Inspection of the records included in the
order may thereafter be permitted by the Court only upon petition by the
person who is the subject of such records and only to those persons named in
such petition.
F. Expungement upon dismissal of petition at adjudication. In any proceeding alleging delinquency or need-of-supervision in which the Court orders the
petition dismissed on the merits at adjudication, the Court may order the
records expunged. Such order of expungement may be entered without delay
upon petition of the child or any party or upon the Court’s own motion.
[NCA 01–126, § 123, approved Aug. 9, 2001.]

§ 1–407. Exclusion of certain statements by alleged delinquent
A. Inadmissibility of statements and admissions. No statements or admissions of a child made as a result of interrogation of the child by a law
enforcement official concerning acts alleged to have been committed by the
child which would constitute a crime if committed by an adult shall be
355

Title 6, § 1–407

CHILDREN

admissible in evidence against that child unless a parent, guardian, or legal
custodian of the child was present at such interrogation and the child and his
parent, guardian, or legal custodian were advised of the child’s right to remain
silent, that any statements made may be used against him in a court of law, the
right of the presence of an attorney during such interrogation, and the right to
have counsel appointed if so requested at the time of the interrogation if
available at no fee except that, if, to the extent such counsel is available for
appointment at no fee, legal counsel representing the child is present at such
interrogation, such statements or admissions may be admissible in evidence
even though the child’s parent, guardian, or legal custodian was not present.
B. Exceptions to exclusion. Notwithstanding the provisions of subsection A
of this section, statements or admissions of a child shall not be inadmissible in
evidence by reason of the absence of a parent, guardian, or legal custodian if
the child is emancipated from the parent, guardian, or legal custodian or if the
child is a runaway from outside the Court’s jurisdiction and is of sufficient age
and understanding.
[NCA 01–126, § 124, approved Aug. 9, 2001.]
Cross References
Criminal procedure, rights of defendant, see Title 14, § 1–303.

Library References
Indians O520(3), 640.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–408. Appeals
An appeal may be taken from any order, decree, or judgment of the Court in
the same manner as other civil appeals are taken. Initials shall appear on the
record on appeal in place of the name of the child and respondents. Appeals
shall be advanced on the calendar of the Appellate Court and shall be decided
at the earliest practical time. The Nation shall have the same right to appeal
questions of law in delinquency cases as exists in criminal cases.
[NCA 01–126, § 125, approved Aug. 9, 2001.]
Cross References
Appellate procedure, see Title 27, § 3–101 et seq.
Rules of Appellate Procedure, see Title 27, App. 2.

Library References
Indians O132, 542, 640.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150 to 179.

SUBCHAPTER 5. ABUSE AND NEGLECT REPORTING
REQUIREMENTS; CENTRAL REGISTRY
Section
1–501. Legislative purpose.

356

Title 6, § 1–502

GENERAL PROVISIONS
Section
1–502. Persons required to report child abuse or neglect.
1–503. Required report of postmortem investigation.
1–504. Evidence of abuse and neglect.
1–505. Immunity from liability.
1–506. Communication not privileged.
1–507. Reporting procedures.
1–508. Confidentiality of reports of abuse or neglect.
1–509. Home study and other reports.
1–510. Children and Family Services Administration records.
1–511. Law enforcement records confidential.
1–512. Identity confidential.
1–513. Central registry.
1–514. Action upon receipt of report.
Cross References
Domestic and family violence, see Title 6, § 3–101 et seq.
Physical abuse of a child, see Title 14, § 2–313.
Sexual abuse of a person under the age of sixteen, see Title 14, § 2–315.

United States Code Annotated
Reporting of child abuse, see 18 U.S.C.A. § 1169.

§ 1–501. Legislative purpose
The National Council hereby declares that the complete reporting of child
abuse and neglect is a matter of concern and that in enacting this subchapter it
is the intent of the Nation to protect the children within the jurisdiction of the
Nation and to offer protective services in order to prevent any further harm to a
child suffering from abuse and neglect. It is the further intent of the Nation that
the various federal, state and Tribal medical, mental health, education and
social services agencies impacting on child welfare matters find a common
purpose through cooperative interaction.
[NCA 01–126, § 201, approved Aug. 9, 2001.]
Library References
Indians O132.
Infants O13.5.
Westlaw Topic Nos. 209, 211.

C.J.S. Indians §§ 150, 152, 154 to 176.
C.J.S. Infants §§ 116 to 117.

§ 1–502. Persons required to report child abuse or neglect
A. Any person specified in subsection B of this section who has reasonable
cause to know or suspect that a child has been subjected to abuse or neglect or
who has observed the child being subjected to circumstances or conditions
which would reasonably result in abuse or neglect shall immediately report or
cause a report to be made of such fact to the CFSA or appropriate law
enforcement agency.
B. Persons required to report such abuse or neglect or circumstances or
conditions shall include any of the following:
1.

Physician or surgeon, including a physician in training;

2.

Child health associate or community health representative (CHR);
357

Title 6, § 1–502

CHILDREN

3.

Medical examiner or coroner;

4.

Dentist;

5.

Osteopath;

6.

Optometrist;

7.

Chiropractor;

8.

Chiropodist or podiatrist;

9.

Registered nurse or licensed practical nurse;

10. Hospital personnel engaged in the admission, care, or treatment of
patients;
11.

School official or employee;

12.

Social worker or worker in a family care home or child care center;

13.

Mental health professional;

14.

Any law enforcement personnel;

15.

The Prosecutor or his assistants.

C. In addition to those persons specifically required by this section to report
known or suspected child abuse or neglect and circumstances or conditions
which might reasonably result in abuse or neglect, any other person may report
known or suspected child abuse or neglect and circumstances or conditions
which might reasonably result in child abuse or neglect to the Tribal law
enforcement agency or CFSA.
D. Any Indian or non-Indian person subject to the jurisdiction of the
District Court who willfully violates the provisions of this section:
1. Shall be subject to a civil penalty not to exceed five hundred dollars
($500.00); and
2.

Shall be liable for damages proximately caused thereby.

[NCA 01–126, § 202, approved Aug. 9, 2001.]
Library References
Indians O132.
Infants O13.5.
Westlaw Topic Nos. 209, 211.

C.J.S. Indians §§ 150, 152, 154 to 176.
C.J.S. Infants §§ 116 to 117.

§ 1–503. Required report of postmortem investigation
A. Any person who is required to report known or suspected child abuse or
neglect who has reasonable cause to suspect that a child died as a result of
child abuse or neglect shall report such fact immediately to the appropriate law
enforcement agency and to the appropriate coroner or medical examiner. The
law enforcement agency and the coroner or medical examiner shall accept such
report for investigation and shall report their findings to the appropriate law
enforcement agency, the Child Protection Worker, the Prosecutor, and the
CFSA.
B. The CFSA shall forward a copy of such report to the central registry.
[NCA 01–126, § 203, approved Aug. 9, 2001.]

358

Title 6, § 1–506

GENERAL PROVISIONS
Library References
Indians O132.
Infants O13.5.
Westlaw Topic Nos. 209, 211.

C.J.S. Indians §§ 150, 152, 154 to 176.
C.J.S. Infants §§ 116 to 117.

§ 1–504. Evidence of abuse and neglect
A. Any child health associate, person licensed to practice medicine, registered nurse or licensed practical nurse, hospital personnel engaged in the
admission, examination, care or treatment of patients, medical examiner,
coroner, social worker, or local law enforcement officer who has before him a
child he reasonably believes has been abused or neglected may take or cause to
be taken color photographs of the areas of trauma visible on the child. If
medically indicated, such person may take or cause to be taken X-rays of the
child.
B. Any color photographs or X-rays which show evidence of child abuse
shall be immediately forwarded to a receiving agency.
[NCA 01–126, § 204, approved Aug. 9, 2001.]
Library References
Indians O132.
Infants O13.5.
Westlaw Topic Nos. 209, 211.

C.J.S. Indians §§ 150, 152, 154 to 176.
C.J.S. Infants §§ 116 to 117.

§ 1–505. Immunity from liability
Any person participating in good faith in the making of a report or in a
judicial proceeding held pursuant to this chapter, the taking of color photographs or X-rays, or the placing in temporary custody of a child pursuant to
this subchapter or otherwise performing his duties or acting pursuant to this
chapter shall be immune from any liability, civil or criminal, that otherwise
might result by reason of such reporting. For the purpose of any proceedings,
civil or criminal, the good faith of any person reporting child abuse, any person
taking color photographs or X-rays, and any person who has legal authority to
place a child in protective custody shall be presumed.
[NCA 01–126, § 205, approved Aug. 9, 2001.]
Library References
Health O768.
Indians O132.
Infants O13.5(2).
Westlaw Topic Nos. 198H, 209, 211.

C.J.S. Hospitals § 44.
C.J.S. Indians §§ 150, 152, 154 to 176.
C.J.S. Infants § 117.
C.J.S. Mental Health §§ 123 to 124.

§ 1–506. Communication not privileged
The privileged communication between patient and physician and between
husband and wife shall not be a ground for excluding evidence in any judicial
proceedings resulting from a report pursuant to this subchapter.
[NCA 01–126, § 206, approved Aug. 9, 2001.]
Cross References
Spouse’s testimony, rights of defendant, see Title 14, § 1–303.

359

Title 6, § 1–506

CHILDREN
Library References

Indians O132, 520, 640.
Infants O13.5(1).
Westlaw Topic Nos. 209, 211.

C.J.S. Indians §§ 150 to 179.
C.J.S. Infants § 116.

§ 1–507. Reporting procedures
A. Reports of known or suspected child abuse or neglect made pursuant to
this subchapter shall be made immediately to the CFSA or Lighthorse Police
and shall be followed promptly by a written report prepared by those persons
required to report. The receiving agency shall forward a copy of its own report
to the central registry on forms supplied by CFSA.
B.

Such reports, when possible, shall include the following information:

1.

The name, address, age, sex, and race of the child;

2.

The name and address of the parent, guardian or Indian custodian;

3. The nature and extent of the child’s injuries, including any evidence of
previous known or suspected abuse or neglect to the child or the child’s
siblings;
4. The names and addresses of the persons responsible for the suspected
abuse or neglect, if known;
5.

The family composition;

6. The source of the report and the name, address, and occupation of the
person making the report;
7.

Any action taken by the reporting source;

8. Any other information that the person making the report believes may be
helpful in furthering the purposes of this section.
C. A copy of the report of known or suspected child abuse or neglect shall
be transmitted immediately by the receiving agency to the Prosecutor’s office
and to the Lighthorse Police.
D. A written report from persons or officials required by this subchapter to
report known or suspected child abuse or neglect shall be admissible as
evidence in any proceeding related to child abuse.
[NCA 01–126, § 207, approved Aug. 9, 2001.]
Library References
Indians O132.
Infants O13.5(1).
Westlaw Topic Nos. 209, 211.

C.J.S. Indians §§ 150, 152, 154 to 176.
C.J.S. Infants § 116.

§ 1–508. Confidentiality of reports of abuse or neglect
A. Except as provided in this section, reports of child abuse or neglect and
the name and address of any child, family or informant or any other identifying
information contained in such reports shall be confidential and shall not be
public information.
B. Disclosure of the name and address of the child and family and other
identifying information involved in such reports shall be permitted only when
360

Title 6, § 1–509

GENERAL PROVISIONS

authorized by a court for good cause. Such disclosure shall not be prohibited
when there is a death of a suspected victim or child abuse or neglect and the
death becomes a matter of public record, the subject of an arrest by a law
enforcement agency, or the subject of the filing of a formal charge by a law
enforcement agency.
C. Any person who violates any provision of this section shall be subject to a
civil penalty of not more than five hundred dollars ($500.00).
D. Only the following persons or agencies shall be given access to child
abuse or neglect records and reports:
1.1 The law enforcement agency or social services department investigating
a report of known or suspected child abuse or neglect, caring for, supervising
or treating a child or family which is the subject of the report or record,
including the Lighthorse Police, Attorney General, and the Muscogee (Creek)
Nation Children and Family Services Administration, including the Deputy
Director of Community Services, but excluding other administrators, personnel
and elected officials of the Muscogee (Creek) Nation of Oklahoma.
E. After a child who is the subject of a report reaches the age of eighteen
(18) years, access to his record under this section shall be permitted only if a
sibling or offspring of such child is before any person mentioned in subsection
D of this section and is a suspected victim of child abuse. The amount and type
of information released shall depend upon the source of the report and shall be
determined by regulations established by the manager of the central registry.
However, under no circumstances shall the information be released unless the
person requesting such information is entitled thereto as confirmed by the
manager of the central registry and the information released states whether or
not the report is founded or unfounded. A person given access to the names or
other information identifying the subject of a report shall not divulge or make
public any identifying information unless he is the Prosecutor or other law
enforcement official and the purpose is to initiate court action or unless he is
the subject of a report.
[NCA 01–126, § 208, approved Aug. 9, 2001; amended by NCA 06–059, § 1, approved
May 8, 2006.]
1 So in original.

Library References
Indians O132.
Infants O13.5(1).
Westlaw Topic Nos. 209, 211.

C.J.S. Indians §§ 150, 152, 154 to 176.
C.J.S. Infants § 116.

§ 1–509. Home study and other reports
A. Home study reports. Unless waived by the Court, the CFSA or other
agency designated by the Court shall make a home study and report in writing
in all children’s cases, except:
1. If the allegations of a petition filed under Title 6, § 1–707 are denied, the
study shall not be made until the Court has entered an order of adjudication;
and
2. The study and investigation in all adoptions shall be made as provided in
the provisions relating to adoptions.
361

Title 6, § 1–509

CHILDREN

B. Use of reports as evidence. For the purpose of determining proper
disposition of a child the general rules of evidence shall not apply, and written
reports and other material relating to the child’s mental, physical, and social
history may be received and considered by the Court along with other evidence.
However, the Court, if so requested by the child, his parent or guardian, or
other interested party, shall require that the person who wrote the report or
prepared the material, if available, appear as a witness and be subject to both
direct and cross-examination. In the absence of such request, the Court may
order the person who prepared the report or other material to appear if it finds
that the interest of the child, his parent or guardian, or other party to the
proceedings so requires. The Court shall inform the child, his parent or legal
guardian, or other interested party of the right of cross-examination concerning
any written report or other material as specified herein.
[NCA 01–126, § 209, approved Aug. 9, 2001.]
Library References
Indians O132.
Infants O13.5(1).
Records O30.
Westlaw Topic Nos. 209, 211, 326.

C.J.S. Indians §§ 150, 152, 154 to 176.
C.J.S. Infants § 116.
C.J.S. Records §§ 74, 76, 78, 80, 112.

§ 1–510. Children and Family Services Administration records
All records of the Nation’s Children and Family Services Administration
related to child custody proceedings concerning all children’s cases under the
provisions of this chapter, and all records of any federal agency related to child
custody proceedings concerning all children’s cases under the provisions of this
chapter may not be inspected or disclosed to the public, including the names of
children taken into temporary custody or issued a summons, except:
A.
act;

To the victim in each case when the child is found guilty of a delinquent

B. When the child has escaped from an institution to which he has been
committed;
C.

By order of the Court;

D.

When the Court orders the child to be held for criminal proceedings;

E. When there has been a criminal conviction and a presentence investigation is being made on an application for probation; or
F. When the disclosure is to a Tribal, federal, or state officer, employee, or
agency in their official capacity who show a bona fide need for the information
requested to assist in apprehension, to conduct a current investigation, or as
otherwise provided by law of the Nation.
[NCA 01–126, § 210, approved Aug. 9, 2001.]
Library References
Indians O132.
Infants O13.5(1).
Records O30.
Westlaw Topic Nos. 209, 211, 326.

C.J.S. Indians §§ 150, 152, 154 to 176.
C.J.S. Infants § 116.
C.J.S. Records §§ 74, 76, 78, 80, 112.

362

Title 6, § 1–513

GENERAL PROVISIONS

§ 1–511. Law enforcement records confidential
The records of law enforcement officers concerning all children’s cases or
children taken into temporary custody or issued a summons under the provisions of this chapter shall be maintained separately from the records of arrest
and may not be inspected by or disclosed to the public, including the names of
children taken into temporary custody or issued a summons, except:
A.
act;

To the victim in each case when the child is found guilty of a delinquent

B. When the child has escaped from an institution to which he has been
committed;
C.

By order of the Court;

D.

When the Court orders the child to be held for criminal proceedings;

E. When there has been a criminal conviction and a presentence investigation is being made on an application for probation; or
F. When the disclosure is to a Tribal, federal, or state officer, employee, or
agency in their official capacity who show a bona fide need for the information
requested to assist in apprehension, to conduct a current investigation, or as
otherwise provided by law of the Nation.
[NCA 01–126, § 211, approved Aug. 9, 2001.]
Library References
Indians O132.
Infants O13.5(1).
Records O30.
Westlaw Topic Nos. 209, 211, 326.

C.J.S. Indians §§ 150, 152, 154 to 176.
C.J.S. Infants § 116.
C.J.S. Records §§ 74, 76, 78, 80, 112.

§ 1–512. Identity confidential
No fingerprint, photograph, name, address, or other information concerning
identity of a child taken into temporary custody or issued a summons under the
provisions of this subchapter may be transmitted to the Federal Bureau of
Investigation or any other person or agency except a local law enforcement
agency when necessary to assist in apprehension or to conduct a current
investigation, or when the Court orders the child to be held for criminal
proceedings.
[NCA 01–126, § 212, approved Aug. 9, 2001.]

§ 1–513. Central registry
A. When the National Council determines that sufficient funding and resources are available, the Nation shall establish a central registry of child
protection for the purpose of maintaining a registry of information concerning
each case of child abuse reported under this subchapter.
B.

The central registry shall contain but shall not be limited to:

1.

All information in any written report received under this subchapter;

2. Record of the final disposition of the report, including services offered
and services accepted;
363

Title 6, § 1–513

CHILDREN

3. The plan for rehabilitative treatment;
4. The name and identifying data, date, and circumstance of any person
requesting or receiving information from the central registry;
5. Any other information which might be helpful in furthering the purposes
of this chapter.
C. The CFSA Manager may employ a manager of the central registry on a
part-time or full-time basis if funds are available, or may assign the duties of
the manager of central registry to a CFSA employee or employees on a parttime basis. The person performing the duties of the manager shall have charge
of said registry. Subject to available appropriations, the manager shall equip his
office so that data in the central registry may be made available during
nonbusiness hours through the use of computer technology. Such computerized
records shall be password coded and only CFSA personnel, judges, justices and
law enforcement personnel shall have access to the password.
D. After a child who is the subject of a report reaches the age of eighteen
(18) years, access to his record under this section shall be permitted only if a
sibling or offspring of such child is before any person mentioned in subsection
B of Title 6, § 1–502 and is a suspected victim of child abuse. The amount and
type of information released shall depend upon the source of the report and
shall be determined by regulations established by the manager of the central
registry. However, under no circumstances shall the information be released
unless the person requesting such information is entitled thereto as confirmed
by the manager of the central registry and the information released states
whether or not the report is founded or unfounded. A person given access to
the names or other information identifying the subject of a report shall not
divulge or make public any identifying information unless he is the Prosecutor
or other law enforcement official and the purpose is to initiate court action or
unless he is the subject of a report.
E. Unless an investigation of a report conducted pursuant to this subchapter
determines there is some credible evidence of alleged abuse, all information
identifying the subject of the report shall be expunged from the central registry
forthwith. The decision to expunge the record shall be made by the manager of
the central registry based upon the investigation made by the CFSA or the
enforcement agency.
F. In all other cases, the record of the reports to the central registry shall be
sealed no later than ten (10) years after the child’s eighteenth (18th) birthday.
Once sealed, the record shall not otherwise be available unless the Manager of
the central registry, pursuant to rules promulgated by CFSA and upon notice to
the subject of the report, gives his personal approval for an appropriate reason.
In any case and at any time, the manager may amend, seal, or expunge any
record upon good cause shown and notice to the subject of the report.
G. At any time the subject of a report may receive, upon request, a report of
all information pertinent to the subject’s case contained in the central registry,
but the manager of the central registry is authorized to prohibit the release of
data that would identify the person who made the report or who cooperated in
a subsequent investigation which he reasonably finds to be detrimental to the
safety or interest of such person.
364

Title 6, § 1–514

GENERAL PROVISIONS

H. At any time subsequent to the completion of the investigation, a subject
of the report may request the manager to amend, seal, or expunge the record of
the report. If the manager refuses to does not act within a reasonable time, but
in no event later than thirty (30) days after such request, the subject shall have
the right to a fair hearing before the District Court to determine whether the
record of the report in the central registry should be amended, sealed, or
expunged on the grounds that it is inaccurate or it is being maintained in a
manner inconsistent with this subchapter. The CFSA shall be given notice of
the hearing. The burden in such a hearing shall be on the CFSA. In such
hearings the fact that there was such a finding of child abuse or neglect shall be
presumptive evidence that the report was substantiated.
I. Written notice of any amendment, sealing, or expungement made pursuant to the provisions of this chapter shall be given to the subject of such report
and to the CFSA. The latter, upon receipt of such notice, shall take similar
action regarding such information in its files.
J. Any person who willfully permits or who encourages the release of data
or information contained in the central registry to persons not permitted access
to such information by this subchapter shall be subject to a civil penalty not in
excess of five hundred dollars ($500.00) and any actual damages sustained.
K. The CFSA shall adopt such rules and regulations for the central registry
as may be necessary to encourage cooperation with other Nations, states and
the National Center on Child Abuse and Neglect.
[NCA 01–126, § 213, approved Aug. 9, 2001.]
Library References
Indians O132.
Infants O13.5(1).
Records O30.
Westlaw Topic Nos. 209, 211, 326.

C.J.S. Indians §§ 150, 152, 154 to 176.
C.J.S. Infants § 116.
C.J.S. Records §§ 74, 76, 78, 80, 112.

§ 1–514. Action upon receipt of report
A. The Muscogee (Creek) Nation Children and Family Services Administration (CFSA) shall make a thorough investigation immediately upon receipt of
any report of known or suspected child abuse or neglect pursuant to cooperative agreement between the two agencies. The immediate concern of such
investigation shall be the protection of the child.
B. The investigation, to the extent that it is reasonably possible, shall
include:
1.

The nature, extent, and cause of the abuse or neglect;

2.

The identity of the person responsible for such abuse or neglect;

3.

The names and conditions of any other children living in the same place;

4. The environment and the relationship of any children therein to the
person responsible for the suspected abuse or neglect;
5.

All other data deemed pertinent.

C. The investigation shall, at a minimum, include a visit to the child’s place
of residence or place of custody and to the location of the alleged abuse or
365

Title 6, § 1–514

CHILDREN

neglect and an interview with or observance of the child reportedly having been
abused or neglected. If admission to the child’s place of residence cannot be
obtained, the District Court, upon good cause shown, shall order the responsible person to allow the interview, examination and investigation.
D. The receiving agency responsible for the coordination of all investigations of all reports of known or suspected child abuse or neglect shall arrange
for such investigations to be conducted by persons trained to conduct either the
complete investigation or such parts thereof as may be assigned. The receiving
agency may conduct the investigation independently or in conjunction with
another appropriate agency or may arrange for the initial investigation to be
conducted by another agency with personnel having appropriate training and
skill. The receiving agency shall provide for persons to be continuously available to respond to such reports. Nations and state and federal agencies may
cooperate to fulfill the requirements of this subsection. As used in this subsection, ‘‘continuously available’’ means the assignment of a person to be near an
operable telephone not necessarily located in the premises ordinarily used for
business by the receiving agency or to have such arrangements made through
agreements with local law enforcement agencies.
E. The receiving agency shall refer its investigation report to the Child
Protection Worker. Upon receipt of a report, if the CFSA reasonably believes
abuse or neglect has occurred, it shall immediately offer social services to the
child who is the subject of the report and his family. If, before the investigation
is completed, the opinion of the investigators is that assistance of the appropriate law enforcement agency is necessary for the protection of the child or other
children under the same care, the law enforcement agency and the Prosecutor
shall be notified. If immediate removal is necessary to protect the child or other
children under the same care from further abuse, the child or children may be
placed in protective custody in accordance with applicable provisions of this
chapter.
F. If a local law enforcement agency receives a report of known or suspected child abuse or neglect, it shall first attempt to contact the receiving agency
in order to refer the case for investigation. If the local law enforcement agency
is unable to contact the receiving agency, it shall make a complete investigation
and may request the Prosecutor to institute appropriate legal proceedings on
behalf of the subject child or other children under the same care. The law
enforcement agency, upon receipt of a report and upon completion of any
investigation it may undertake, shall immediately forward a summary of the
investigatory data plus all relevant documents to the CFSA.
[NCA 01–126, § 301, approved Aug. 9, 2001.]

SUBCHAPTER 6. SEARCH WARRANTS;
CUSTODY OR DETENTION
Section
1–601. Search warrants for the protection of children.
1–602. Issuance and return of search warrant.
1–603. Expiration of search warrant.

366

Title 6, § 1–602

GENERAL PROVISIONS

Section
1–604. Children taken into custody prior to filing of petition.
1–605. Detention or release of child; medical examination and treatment; notice and
hearing.
1–606. Notification of court officers.
1–607. Temporary care and shelter.
1–608. Conditions of detention of child; detention or confinement in adult facility.
1–609. Court-ordered release.
1–610. Authorized medical treatment.
1–611. Court ordered commitment for observation.
Cross References
Criminal procedure, search and seizure, see Title 14, § 1–306.

§ 1–601. Search warrants for the protection of children
A. Authority to issue. A search warrant may be issued by the District Court
to search any place for the recovery of any Indian child believed to be a
delinquent child, a child in need of supervision, a child in need of treatment or
a neglected or abused child and located within Indian country subject to the
Court’s jurisdiction.
B. Warrant requirements. Such warrant shall be issued only on the conditions that the application for the warrant shall:
1. Be in writing and supported by affidavit sworn to or affirmed before the
Court;
2.

Name or describe with particularity the child sought;

3. State that the child is believed to be a delinquent child, a child in need of
supervision, a child in need of treatment or a neglected or abused child and the
reasons upon which such belief is based;
4.

State the address or legal description of the place to be searched; and

5. State the reasons why it is necessary to proceed pursuant to this section
instead of proceeding by issuance of a summons.
[NCA 01–126, § 302, approved Aug. 9, 2001.]
Library References
Indians O640.
Searches and Seizures O102 to 108.
Westlaw Topic Nos. 209, 349.

C.J.S. Indians §§ 151 to 179.
C.J.S. Searches and Seizures §§ 175 to 186,
188 to 193, 199 to 200, 203 to 205.

§ 1–602. Issuance and return of search warrant
A. Issuance. If the Court is satisfied that grounds for the application exist or
that there is probable cause to believe that they exist, it shall issue a search
warrant identifying by name or describing with particularity the child sought
and the place to be searched for the child.
B. Service. The search warrant shall be directed to any law enforcement
officer authorized by law to execute it wherein the place to be searched is
located. The warrant shall be served in the daytime unless the application for
the warrant alleges that it is necessary to conduct the search at some other
time, in which case the Court may so direct. A copy of the warrant, the
367

Title 6, § 1–602

CHILDREN

application therefore, and the supporting affidavit shall be served upon the
person in possession of the place to be searched and where the child is to be
sought, or if no one be home, a copy shall be left in plain sight within the place
searched.
C. Custody of child. If the child is found, the child shall be taken into
custody, transported to and placed in the detention or shelter facility.
D. Return. The warrant shall be returned to the issuing court, immediately
upon service, and the officer shall subscribe on the warrant his name, the date
and time of service, the place where the child was delivered by him and his
fees. A copy shall be delivered to the Prosecutor. If the child was not found,
such information should be subscribed on the warrant.
[NCA 01–126, § 303, approved Aug. 9, 2001.]
Library References
Indians O640.
Searches and Seizures O123, 124, 150.
Westlaw Topic Nos. 209, 349.

C.J.S. Indians §§ 151 to 179.
C.J.S. Searches and Seizures §§ 173 to 174,
204 to 205, 225 to 243, 274 to 275.

§ 1–603. Expiration of search warrant
A search warrant for the protection of a child shall be null and void if not
served within ten (10) days of the date of issuance and a void warrant should be
returned with the reason for non-service subscribed thereon.
[NCA 01–126, § 304, approved Aug. 9, 2001.]

§ 1–604. Children taken into custody prior to filing of petition
A. Custody without court order. A child may be taken into custody prior to
the filing of a petition by a peace officer without a court order if the child is
found violating any law, or if the child is willfully and voluntarily absent from
the home of the child without the consent of the parent, guardian or legal
custodian for a substantial length of time or without intent to return, or if the
child’s surroundings are such as to endanger the welfare of the child.
B. Custody with court order. A child may be taken into custody prior to the
filing of a petition pursuant to an order of the District Court issued on the
application of the Prosecutor. The application presented by the Prosecutor may
be supported by a sworn affidavit which may be based upon information and
belief. The application shall state facts sufficient to demonstrate to the court
that there is reasonable suspicion to believe the child is in need of protection
due to abandonment, abuse or neglect, or is in surroundings that are such as to
endanger the welfare of the child. The Court order may be written or oral,
provided, that if the order is issued orally, the Judge shall reduce the order to
writing within twenty-four (24) hours of the oral issuance of the order. The
Court order may be transmitted to the Court Clerk by facsimile, and the
facsimile copy filed stamped upon receipt, provided that the original order shall
be delivered to the Court Clerk and attached to the file stamped facsimile copy
within ten (10) days of the date of filing the facsimile copy.
[NCA 01–126, § 305, approved Aug. 9, 2001.]

368

Title 6, § 1–605

GENERAL PROVISIONS
Library References
Indians O135, 640.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150 to 179.

§ 1–605. Detention or release of child; medical examination and treatment;
notice and hearing
A. Custody of alleged delinquent child or child in need of supervision.
Whenever a child is taken into custody as a delinquent child or a child in need
of supervision, the child shall be detained or be released to the custody of his
parent, guardian, attorney or custodian, upon the written promise of such
parent, guardian, attorney or custodian to bring the child to the Court at the
time fixed. If detained, such child shall be taken immediately before a Judge of
the District Court or to the place of detention or shelter designated by the
Court. If no Judge be available locally, the person having the child in custody
shall immediately report his detention of the child to the Chief Judge, provided
that the child shall not be detained in custody beyond the next judicial day or
for good cause shown due to problems of arranging for and transporting the
child to and from a regional juvenile detention center, beyond the next two (2)
judicial days unless the court shall so order after a detention hearing to
determine if there exists probable cause to detain the child. If the latter Judge
cannot be reached, such detention shall be reported immediately to any Judge
serving on the Court. If detained, a reasonable bond for release shall be set.
Pending further disposition of the case, a child whose custody has been
assumed by the Court may be released to the custody of a parent or other
person appointed by the Court, or be detained in such place as shall be
designated by the Court, subject to further order.
B. Custody of alleged deprived child. Whenever a child is taken into custody
as a deprived child, he shall be taken to a shelter, hospital, foster home or other
appropriate place as designated by the Court or he shall be taken immediately
before a judge of the District Court for the purpose of obtaining an order for
protective custody. When a child has been taken into custody as a deprived
child without a court order, the peace officer or Child Protection Worker shall
immediately report the fact of the detention of the child to a Judge of the
District Court. If no Judge is available locally, the detention shall be reported
immediately to the Chief Judge, or if the Chief Judge cannot be reached, then to
any Judge regularly serving the Court. Within the next two (2) judicial days
following the child being taken into custody, and thereafter at such intervals as
may be determined by the Court, the Court shall conduct a hearing to determine whether the child should remain in protective custody or be released to
the parent guardian, legal custodian or another responsible person pending
further proceedings pursuant to this subchapter. The parent or legal guardian
of the child shall be given immediate notice of the custody of the child
whenever possible and prior adequate notice of the hearing. The Court may
release an alleged deprived child from protective custody upon such conditions
as the court finds reasonably necessary for the protection of the child and the
Court shall determine whether the allegations regarding the child are such that
additional time for the filing of a petition pursuant to this chapter is warranted.
369

Title 6, § 1–605

CHILDREN

C. Custody of alleged child in need of treatment. Whenever a child is taken
into custody as a child in need of treatment, he shall be taken to a shelter,
hospital, foster home or other appropriate place as designated by the Court or
he shall be taken immediately before a judge of the District Court for the
purpose of obtaining an order for protective custody. When a child has been
taken into custody as a child in need of treatment without a court order, the
peace officer or Child Protection Worker shall immediately report the fact of
the detention of the child to a Judge of the District Court. If no Judge is
available locally, the detention shall be reported immediately to the Chief
Judge, or if the Chief Judge cannot be reached, then to any Judge regularly
serving the Court. The parent or legal guardian of the child shall be given
immediate notice of the custody of the child whenever possible and prior
adequate notice of any hearing pursuant to this subsection. Within the next two
(2) judicial days following the child being taken into custody, and thereafter at
such intervals as may be determined by the Court, the Court shall conduct a
hearing to determine whether the child should remain in protective custody or
be released to the parent, guardian, legal custodian or another responsible
person pending further proceedings pursuant to this chapter. The Court may
release an alleged child in need of treatment from protective custody upon such
conditions as the Court finds reasonably necessary for the protection of the
child or others and the Court shall determine whether the allegations regarding
the child are such that additional time for the filing of a petition pursuant to
this chapter is warranted. Any protective order of the Court pursuant to this
subsection for a mental health examination of the child shall be provided. After
a prescreening examination and a determination by a qualified medical health
professional that there is reasonable cause to believe that as a result of a
demonstrable mental illness there exists an imminent danger that the child will
intentionally or unintentionally seriously physically injure himself or another
person, the child may be admitted to a hospital or mental health facility on an
emergency psychiatric basis. Except upon an order of the court for an inpatient
mental health examination of the child, such emergency psychiatric admission
shall be for not more than two (2) judicial days, excluding weekends and legal
holidays.
[NCA 01–126, § 306, approved Aug. 9, 2001.]
Library References
Indians O135, 640.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150 to 179.

§ 1–606. Notification of court officers
Whenever an officer takes a child to a detention or shelter facility, or admits
a child to a medical facility, and determines not to release said child, the officer
who took the child to a detention or shelter facility shall notify the Prosecutor,
the CFSA, and any agency or persons so designated by the Court at the earliest
opportunity that the child has been taken into custody and where he has been
taken. He shall also promptly file a brief written report with the Prosecutor, the
CFSA, and any agency or person so designated by the Court stating the facts
which led to the child being taken into custody and the reason why the child
370

Title 6, § 1–608

GENERAL PROVISIONS

was not released. This report shall be filed within twenty-four (24) hours
excluding Saturdays, Sundays, and legal holidays.
[NCA 01–126, § 307, approved Aug. 9, 2001.]
Library References
Indians O135, 640.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150 to 179.

§ 1–607. Temporary care and shelter
A. Temporary shelter. A child who must be taken from his home but who
does not require physical restriction shall be given temporary care in a shelter
facility approved by the CFSA and designated by the Court or the CFSA and
shall not be placed in detention.
B. Temporary shelter in child’s home. Upon application of the CFSA the
Court may find that it is not necessary to remove a child from his home to a
temporary shelter facility and may provide temporary shelter in the child’s
home by authorizing a representative of the CFSA, if emergency caretaker
services are available, to remain in the child’s home with the child until a
parent, or legal guardian, or relative of the child enters the home and expresses
willingness and has the apparent ability, as determined by the CFSA, to resume
charge of the child, but in no event shall such period of time exceed twenty-four
(24) hours. In the case of a relative, the relative is to assume charge of the child
until a parent or legal guardian enters the home and expresses willingness and
has the apparent ability, as determined by the CFSA, to resume charge of the
child. The Manager of the CFSA shall designate in writing the representatives
of CFSA authorized to perform such duties. The Court order allowing emergency shelter in the child’s home may be written or oral, provided, that if consent
is given verbally, the Judge shall reduce the consent given to writing within
twenty-four hours.
[NCA 01–126, § 308, approved Aug. 9, 2001.]
Library References
Indians O135, 640.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150 to 179.

§ 1–608. Conditions of detention of child; detention or confinement in
adult facility
A. Basic requirements. When a child is taken into custody pursuant to the
provisions of this chapter, the child shall be detained only if it is necessary to
assure the appearance of the child in court or for the protection of the child or
the public, pursuant to the following guidelines:
1. No pre-adjudicatory or predisposition detention or custody order shall
remain in force and effect for more than thirty (30) days. The Court for good
and sufficient cause shown, may extend the effective period of such an order for
an additional period not to exceed sixty (60) days.
2. Whenever the Court orders a child to be held in a juvenile detention
facility, as that term is defined in this chapter, an order for secure detention
371

Title 6, § 1–608

CHILDREN

shall remain in force and effect for not more than ten (10) days after such
order. Upon an application of the Prosecutor and after a hearing on such
application, the Court, for good and sufficient cause may allow an additional
period not to exceed ten (10) days after such hearing. The total period of preadjudicatory or predisposition shall not exceed the ninety (90) day limitation
specified in paragraph 1 of this subsection. The child shall be present at the
hearing on the application for extension unless, as authorized and approved by
the court, the attorney for the child is present at the hearing and the child is
available to participate in the hearing via telephone conference communication.
For the purpose of this paragraph, ‘‘telephone conference communication’’
means use of a telephone device that allows all parties, including the child, to
hear and be heard by the other parties at the hearing. After the hearing, the
Court may order continued detention in a juvenile detention center, may order
the child detained in an alternative to secure detention, or may order the
release of the child from detention.
3. No child alleged or adjudicated to be deprived, in need of supervision or
in need of treatment shall be confined in any jail, adult lockup or adult
detention facility. No child shall be transported or detained in association with
criminal, vicious or dissolute persons.
4. Except as otherwise authorized by this section a child who has been
taken into custody as a deprived child, a child in need of supervision or a child
in need of treatment, may not be placed in any detention facility pending court
proceedings, but must be placed in shelter care or foster care, or released to the
custody of his parents or some other responsible party. When a child is taken
into custody as a child in need of supervision as a result of being a runaway, the
Court may order the child placed in a juvenile detention facility pending Court
proceedings if it finds said detention to be essential for the safety of the child.
B. Prohibition regarding secure detention. No child may be placed in
secure detention unless:
1. The child is an escapee from a correctional facility or community correctional program or placement; or
2. The child is a fugitive from another jurisdiction with a warrant on a
delinquency charge or confirmation of delinquency charges by the home
jurisdiction; or
3.
or

The child is seriously assaultive or destructive towards others or himself;

4. The child is detained for the commission of a crime that would constitute
a serious act; or
5. The child is detained for the commission of a crime that would constitute
a habitual criminal act; or
6. The child is currently charged with a felony or misdemeanor and is on
probation or parole on a prior delinquent offense, is on pre-adjudicatory
community supervision, is currently on release status on a prior delinquent
offense, or has willfully failed or there is reason to believe that the child will
willfully fail to appear for District Court proceedings.
372

GENERAL PROVISIONS

Title 6, § 1–608

C. Prohibition regarding use of adult secure detention facilities; exceptions. Except as otherwise provided in this section, no child may be placed in
secure detention in a jail, adult lockup or other adult detention facility unless:
the child is detained for the commission of a crime that would constitute felony
if committed by an adult; and the child is awaiting an initial court appearance
which is scheduled within twenty-four (24) hours after being taken into custody,
excluding weekends and holidays; and there is no existing acceptable alternative placement for the child; and the jail, adult lockup or adult detention facility
meets the requirements for licensor of state juvenile detention facilities, is
appropriately licensed, and provides sight and sound separation for juveniles,
including total separation between juveniles and adult facility spatial areas such
that there could be no haphazard or accidental contact between juvenile and
adult residents in the respective facilities, total separation in all juvenile and
adult program activities within the facilities, including recreation, education,
counseling, health care, dining, sleeping and general living activities and
separate juvenile and adult staff, specifically direct care staff such as recreation,
education and counseling. Specialized services staff, such as cooks, bookkeepers, and medical professionals who are not normally in contact with detainees
or whose infrequent contacts occur under conditions of separation of juveniles
and adults can serve both.
D. Limited use of adult secure facilities. Nothing in this section shall
preclude a child who is detained for the commission of a crime that would
constitute a felony if committed by an adult, or a child who is an escapee from
a juvenile training school or group home from being held in any jail certified by
the Oklahoma Department of Health, police station or similar law enforcement
offices for up to six (6) hours for purposes of identification, processing or
arranging for transfer to a secure detention or alternative to secure detention.
Such holding shall be limited to the absolute minimum time necessary to
complete these actions. The time limitations for holding a child in a jail for the
purposes of identification, processing or arranging transfer established by this
section shall not include the actual travel time required for transporting a child
from a jail to a juvenile detention facility or alternative to secure detention. The
time limitations for holding a child in jail for the purposes of identification,
processing or arranging transfer established by this section shall not include
the actual travel time required for transporting a child from a jail to a juvenile
detention facility or alternative to secure detention. Whenever the time limitations established by this subsection are exceeded, this circumstance shall not
constitute a defense in a subsequent delinquency or criminal proceeding.
E. Use of jail for runaways. Notwithstanding the provisions of this section a
child who is alleged to be a runaway from another Indian Nation’s jurisdiction
or a state may be held in a detention facility or jail up to seven days, during
which time arrangements shall be made for returning the child to his parent, or
legal custodian.
F. Detention hearing for child in delinquency proceedings involving alleged
felony crime. No child taken to a detention or shelter facility without a court
order as the result of an allegedly delinquent act which would constitute a
major crime if committed by an adult shall be released from such facility if in
writing a law enforcement agency has requested that a detention hearing be
373

Title 6, § 1–608

CHILDREN

held to determine whether the child’s immediate welfare or the protection of
the community requires that he be detained. No such child shall thereafter be
released from detention except after a hearing, reasonable advanced notice of
which has been given to the Prosecutor, alleging new circumstances concerning
the further detention of the child. When, following a detention hearing the
Court orders further detention of a child, a petition alleging the child to be
delinquent shall be filed with the Court without unnecessary delay if one has
not been previously filed, and the child shall be held in detention pending a
hearing on the petition. Nothing herein shall be construed as depriving a child
of the right to bail under the same circumstances as an adult.
G. Contracts for juvenile detention facilities. The CFSA shall initiate negotiations for a contract on behalf of the Muscogee (Creek) Nation with any state
juvenile detention facility for the providing of detention services pursuant to
10A O.S. 2–3–101 G, provided that such contract is subject to approval by the
Principal Chief and National Council.
[NCA 01–126, § 309, approved Aug. 9, 2001.]
Library References
Indians O135, 640.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150 to 179.

§ 1–609. Court-ordered release
At any time prior to the filing of a petition and entry of an emergency custody
order on that petition, the Court may order the release of any child from
detention or shelter care without holding a hearing, either without restriction
or upon written promise of the parent, guardian, or legal custodian to bring the
child to the Court at a time set or to be set by the Court.
[NCA 01–126, § 310, approved Aug. 9, 2001.]
Library References
Indians O135, 640.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150 to 179.

§ 1–610. Authorized medical treatment
A. Emergency medical treatment without court order. When any child is
taken into custody pursuant to this chapter and it reasonably appears to the
police officers, child protection worker or person acting pursuant to court
order that the child is in need of medical treatment to preserve his health, any
police officer, any child protection worker or person acting pursuant to court
order shall have the authority to authorize medical examination and medical
treatment for any child found to be in need of medical treatment as diagnosed
by a competent medical authority in the absence of a parent or guardian who is
competent to authorize medical treatment. The officer or the employee of the
court or person acting pursuant to court order shall authorize said medical
treatment only after exercising due diligence to locate the parent, guardian or
other person legally competent to authorize said medical treatment. The parent,
374

Title 6, § 1–611

GENERAL PROVISIONS

guardian or custodian of the child shall be responsible for such medical
expenses as ordered by the court. No peace officer, employee of the court or
person acting pursuant to court order authorizing such treatment in accordance with the provisions of this section for any child found in need of such
medical treatment shall have any liability, civil or criminal, for giving such
authorization.
B. Court order for medical treatment prior to adjudication. At any time
after a child is taken into custody with or without a court order and prior to
adjudication on the merits:
1. When the Court finds that emergency medical, surgical, or dental treatment is required for a child in CFSA custody it may authorize such treatment
or care if the parents, guardian, or legal custodian are not immediately
available to give their consent or to show cause why such treatment should not
be ordered. The power to consent to emergency medical care may be delegated
by the Court to the agency or person having physical custody of the child
pursuant to this chapter or pursuant to court order.
2. After making a reasonable effort to obtain the consent of the parent,
guardian, or other legal custodian, and after a hearing on notice the Court may
authorize or consent to non emergency medical, surgical, or dental treatment
or care for a child in CFSA custody.
C. Court order for medical treatment after adjudication. After a child has
been adjudicated a ward of the Court, the Court may consent to any necessary
emergency, preventive, or general medical, surgical, or dental treatment or
care, or may delegate the authority to consent thereto to the agency or person
having custody of the child.
[NCA 01–126, § 311, approved Aug. 9, 2001.]
Library References
Health O911.
Indians O640.
Westlaw Topic Nos. 198H, 209.
C.J.S. Indians §§ 151 to 179.

C.J.S. Physicians, Surgeons, and Other Health
Care Providers § 116.
C.J.S. Right to Die §§ 4, 23 to 26, 51, 53.

§ 1–611. Court ordered commitment for observation
If it appears that any child being held in detention or shelter may be mentally
ill developmentally disabled, or has sustained any trauma which may result in a
delayed medical danger or injury, the Court shall place the child in a designated facility approved by the Court for seventy-two (72) hour treatment and
evaluation. Upon the advice of a physician the treatment and evaluation period
may be extended for a period not exceeding ten (10) days.
[NCA 01–126, § 312, approved Aug. 9, 2001.]
Library References
Indians O640.
Infants O227(1).
Westlaw Topic Nos. 209, 211.

C.J.S. Indians §§ 151 to 179.
C.J.S. Infants §§ 24 to 25, 41, 43, 46 to 48, 71
to 95.

375

Title 6, § 1–701

CHILDREN

SUBCHAPTER 7.

ADJUDICATION

Section
1–701. Court intake.
1–702. Prosecutor intake.
1–703. Deferred adjudication.
1–704. Deferred adjudication admissible.
1–705. Court diversion by stipulation.
1–706. Limitation on diversions.
1–707. Filing petition; time limits when child already in custody; order to remove
child from home.
1–708. Petition heading.
1–709. Petition contents.
1–710. Summons.
1–711. When summons unnecessary.
1–712. Additional parties to be summoned.
1–713. Service of summons.
1–714. Failure to appear.
1–715. Appointment of guardian ad litem.
1–716. Notice of legal rights.
1–717. Adjudicatory hearing.
1–718. Mentally ill and developmentally disabled children.
1–719. Dismissal of petition.
1–720. Sustaining petition.
1–721. Temporary orders.

§ 1–701. Court intake
A. Whenever it appears to a law enforcement officer or any other person
that a child is or appears to be within the Court’s jurisdiction, by reason of
delinquency, need of supervision, need of treatment, neglect or abuse, the law
enforcement officer or other person may refer the matter to the CFSA, which
shall determine whether the interests of the child or of the community requires
that further action be taken.
B. If the CFSA worker determines that the interests of the child or of the
community require that court action be taken, he shall request in writing the
Prosecutor to file a petition and deliver a copy of the entire case file to the
Prosecutor. The file shall include without limitation, the initial referral, the
investigative report, and all available police reports, medical reports and other
relevant documents.
C. If the CFSA worker is unable to determine whether the interests of the
child or of the Nation require that court action be taken from information
available to him, he may investigate or refer the matter to another agency
designated by the Court for a preliminary investigation and recommendations
as to filing a petition or as to initiating an informal adjustment pursuant to this
chapter.
D. If the CFSA worker determines that the interests of the child or of the
Nation do not require court action, the CFSA may assist the family in development of a voluntary treatment plan and/or offer such social services and make
such referrals to other agencies as may be feasible to help the family with any
problems they may have.
[NCA 01–126, § 401, approved Aug. 9, 2001.]

376

Title 6, § 1–703

GENERAL PROVISIONS
Library References
Indians O134, 640.
Westlaw Topic No. 209.
C.J.S. Indians §§ 150 to 179.

§ 1–702. Prosecutor intake
A. Upon receiving a request to file a petition and the accompanying reports
and files from the CFSA, the Prosecutor shall review the case file, reports, and
any witness statements to determine if there is sufficient evidence which will be
admissible under the applicable evidentiary rules to establish the jurisdiction of
the District Court over the child.
B. If the Prosecutor determines that there is not sufficient evidence available to establish the jurisdiction of the District Court over the child, he shall, in
writing, refuse to file the requested petition, or, in his discretion, may request
the appropriate law enforcement or child welfare agency to conduct a further
investigation into the matter.
C. If the Prosecutor determines that sufficient evidence is available to
establish the jurisdiction of the District Court over the child, he shall file a
petition concerning the child.
[NCA 01–126, § 402, approved Aug. 9, 2001.]

§ 1–703. Deferred adjudication
A. Prior to the filing of a petition, either the CFSA or the Prosecutor with
the consent of the CFSA may divert any children’s case from the court process
through use of a deferred adjudication, except a case subject to prosecution as a
major crime or subject to Title 6, § 1–706.
B. A deferred adjudication shall be made by entering into a contract with
the child’s parents, guardian, or other custodian whereby the parent, guardian
or other custodian agrees to undergo specified treatment for the condition
noticed, including an agreement to do or refrain from doing certain acts and
the CFSA or Prosecutor on behalf of the Nation agrees not to file a petition in
the case so long as the parent, 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 parents, guardian, or custodian
agree to successfully complete and their duration.
3. The specific fa

[Text truncated at 120,000 characters. The full text is on the page linked above.]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Amuscogee_creek_nation%3A008debdfdf7765f2. Public record. Not legal advice.