A pre-trial diversion agreement has been proposed for Joyell Marks, 45, of Minot, on two Class C felony child abuse charges.

Under the terms of the agreement, Marks will maintain her innocence to the charges. She must obtain a mental health evaluation and follow through on any recommended treatment and cooperate with Ward County Social Service and follow through with all its recommendations. If she complies with all conditions, the charges will be dismissed.

Marks, who has been a licensed foster parent and a child care provider, had been accused of physically abusing a 14-year-old and a 12-year-old she had been caring for on different occasions. She allegedly whipped one boy with a belt or a switch and threw an object at him and allegedly struck both boys. The alleged incidents were reported in April 2020.

A judge had not signed off on the agreement yet as of Wednesday but North Central District Court Judge Gary Lee told Marks’ attorney that she did not have to appear for a scheduled court hearing on Wednesday morning because there is a signed pre-trial diversion agreement.