Okla. Stat. tit. 10A, § 10A-2-2-104.1

A. Diversion services shall be offered to children who are at

risk of being the subject of a child-in-need-of-supervision

petition. Diversion services shall be designed to provide an

immediate response to families in crisis and to divert children from

court proceedings. Diversion services may be provided by outside

agencies as designated by the district courts, juvenile bureaus,

court employees, or a combination thereof. If a child would be

charged with a delinquent act as a result of a first-time offense

which would be a misdemeanor if committed by an adult, diversion

services shall be provided prior to the district attorney filing a

petition alleging the child to be in need of supervision or upon the

assumption of custody pursuant to Section 2-2-101 of this title.

B. Diversion services shall clearly document diligent attempts

to provide appropriate services to the child and the family of the

child unless it is determined that there is no substantial

likelihood that the child and family of the child will benefit from

further diversion attempts.

C. Where the primary issue is truancy, steps taken by the

school district to improve the attendance or conduct of the child in

school shall be reviewed and attempts to engage the school district

in further diversion attempts shall be made if it appears that such

attempts will be beneficial to the child.

D. Efforts to prevent the filing of the petition may extend

until it is determined that there is no substantial likelihood that

the child and family of the child will benefit from further

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 282

attempts. Efforts at diversion may continue after the filing of the

petition where it is determined that the child and family of the

child will benefit therefrom.

E. A child-in-need-of-supervision petition shall not be filed

during the period that the designated agency, juvenile bureau, or

court employee is providing the diversion services. A finding that

the case has been successfully diverted shall constitute presumptive

evidence that the underlying allegations have been successfully

resolved.

F. The designated agency, juvenile bureau, or court employee

shall promptly give written notice to the child and family of the

child whenever attempts to prevent the filing of the petition have

terminated and shall indicate in the notice whether the efforts were

successful or whether a child-in-need-of-supervision petition should

be filed with the court. A petition may or may not be filed where

diversion services have been terminated because the parent or other

person legally responsible for the child failed to consent to the

diversion plan or failed to actively participate in the services

provided.

G. Diversion services shall include, but not be limited to,

Functional Family Therapy, first-time offender programs, community-

at-risk services, or other similar programs.

H. The Office of Juvenile Affairs shall evaluate the rate of

recidivism for children who are offered diversion services and shall

publish the rate publicly in the Office’s annual report. Data

disclosed in the annual report shall be unidentifiable to an

individual.