# Oneida Business Committee (2022) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A129958737911aabb ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 193 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ~ ONEIDA LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA Business Committee Conference Room - 2nd Floor Norbert Hill Center September 7, 2022 9:00 a.m. In accordance with the Norbert Hill Center’s policy for administrative offices, and Brown County’s current HIGH COVID-19 Community Levels, the September 7, 2022, Legislative Operating Committee meeting will be held virtually on Microsoft Teams. I. Call to Order and Approval of the Agenda II. Minutes to be Approved 1. August 3, 2022 LOC Meeting Minutes (pg. 2) III. Current Business 1. Children’s Code Amendments (pg. 4) 2. Emergency Management Law Emergency Amendments (pg. 128) IV. New Submissions 1. Oneida Life Insurance Plan Plus (OLIPP) Law (pg. 162) 2. Trust Scholarship Fund Policy Amendments (pg. 168) 3. Drug and Alcohol Free Workplace Law Amendments (pg. 174) V. Additions VI. Administrative Updates 1. Travel Report: State Bar of Wisconsin Indian Law Conference – Carolyn Salutz (pg. 188) 2. Travel Report: State Bar of Wisconsin Indian Law Conference – Grace Elliott (pg. 192) VII. Executive Session VIII. Recess/Adjourn A good mind. A good heart. A strong fire. 2 of 193 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov r'\ mooao ONEIDA LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center August 3, 2022 9:00 a.m. Present: David P. Jordan, Kirby Metoxen, Marie Summers, Daniel Guzman King (Microsoft Teams) Excused: Jennifer Webster Others Present: Clorissa N. Santiago, Grace Elliot, Carolyn Salutz, Brooke Doxtator, Lawrence Barton, Justin Nishimoto (Microsoft Teams), Joy Salzwedel (Microsoft Teams), Rhiannon Metoxen (Microsoft Teams), Rae Skenandore (Microsoft Teams), Kaylynn Gresham (Microsoft Teams), Barbara Webster (Microsoft Teams), Michelle Myers (Microsoft Teams), Kristal Hill (Microsoft Teams), I. Call to Order and Approval of the Agenda David P. Jordan called the August 3, 2022, Legislative Operating Committee meeting to order at 9:00 a.m. Motion by Marie Summers to adopt the agenda as is; seconded by Kirby Metoxen. Motion carried unanimously. II. Minutes to be Approved 1. July 20, 2022 LOC Meeting Minutes Motion by Marie Summers to approve the July 20, 2022, LOC meeting minutes and forward to the Business Committee for consideration; seconded by Kirby Metoxen. Motion carried unanimously. III. Current Business 1. Oneida Nation Assistance Fund Law Motion by Marie Summers to approve the public meeting packet, with updated public meeting notice, and forward the Oneida Nation Assistance Fund law to a public meeting to be held on September 2, 2022; seconded by Kirby Metoxen. Motion carried unanimously. IV. New Submissions V. Additions A good mind. A good heart. A strong fire. Legislative Operating Committee Meeting Minutes of August 3, 2022 Page 1 of 2 ~ ONEIDA 3 of 193 VI. Administrative Items 1. Legislative Operating Committee LOC FY22 Third Quarter Report Motion by Marie Summers to approve the LOC FY22 Third Quarter Report and forward to the Oneida Business Committee; seconded by Kirby Metoxen. Motion carried unanimously. 2. E-Poll Results: Emergency Amendments to the Oneida General Tribal Council Ten Day Notice Policy Motion by Marie Summers to Enter into the record the results of the July 25, 2022, failed e-poll entitled, Emergency Amendments to the Oneida General Tribal Council Ten Day Notice Policy; seconded by Kirby Metoxen. Motion carried unanimously. VII. Executive Session VIII. Adjourn Motion by Marie Summers to adjourn at 9:11 a.m.; seconded by Kirby Metoxen. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of August 3, 2022 Page 2 of 2 4 of 193 Oneida Nation "' Oneida Business Committee Legislative Operating Committee =DODDOO PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-nsn.gov Legislative Operating Committee September 7, 2022 Children’s Code Amendments Submission Date: 10/7/20 LOC Sponsor: David P. Jordan Public Meeting: 6/15/22 Emergency Enacted: N/A Summary: This item was carried over from last term. On August 25, 2020, the Oneida Law Office and Indian Child Welfare Department requested that emergency amendments be made to the Children’s Code to address customary adoption. The departments were seeking that customary adoption be changed to a suspension of rights rather than a termination of rights in order to allow for the adopting family to be eligible for Adoption Assistance with the State. On August 28, 2020, the LOC considered this request and determined that it did not meet the standard for emergency amendments provided by the Legislative Procedures Act, but that the LOC would add this item to the AFL for amendments to be made via the normal legislative process. 10/7/20 LOC: Motion by Kirby Metoxen to add the Children’s Code Amendments to the Active Files List with David Jordan as the sponsor; seconded by Jennifer Webster. Motion carried unanimously. 10/13/20: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Tina Jorgenson, Jennifer Berg-Hargrove, Heather Lee. Alebra Cornelius, Peggy Schneider, Rhiannon Metoxen, Kristal Hill. This work meeting was held over Microsoft Teams. On July 22, 2020, the OBC was asked to consider amending resolution BC-07-26-17-J to permanently adopt the policy set forth by the March 20, 2020, COVID-19 Core Decision Making Team’s “Suspension of Transfer of Cases in Resolution# BC-07-26-17-J, Adoption of the Children's Code and the Nation's Indian Child Welfare Act Policy” declaration. The OBC adopted a motion to accept the request as information and send to the LOC for processing. The purpose of this work meeting was to allow the ICW Department and Law Office an opportunity to provide the LOC with more information on why this change should be made on a permanent basis beyond the Public Health State of Emergency. The LOC decided to pursue this change, and directed the LRO Attorney to draft a resolution which amends the policy on the transfer of cases. 3/3/21 LOC: Motion by Jennifer Webster to deny the request for emergency amendments due to the fact that it does not meet the standard for emergency legislation provided by the Legislative Procedures Act which is that it is necessary for the immediate preservation of the public health, safety, and general welfare of the Reservation population, and move this item from a medium priority to a high priority with direction that this be worked on as expeditiously as possible; seconded by Daniel Guzman King. Motion carried unanimously. 4/12/21: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Hon. Robert Collins, Kristina Denny, Patricia DeGrand, Rhiannon Metoxen. This work meeting was held over Microsoft Teams. The purpose of this work meeting was for the Family Court to provide a “Children’s Code 101” and then for the workgroup to begin reviewing the Children’s Code line-by-line and discussing potential amendments to the law. Page 1 of 3 A good mind. A good heart. A strong fire. 5 of 193 4/12/21: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Jennifer Berg-Hargrove, Alebra Cornelius, Heather Lee, Michael Hoeft, Peggy Schneider, Lydia Witte, Kristal Hill, Rhiannon Metoxen. This work meeting was held over Microsoft Teams. The purpose of this work meeting was for the Indian Child Welfare (ICW) Department to provide a “Children’s Code 101” and then for the workgroup to begin reviewing the Children’s Code line-by-line and discussing potential amendments to the law. 4/26/21: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Hon. Robert Collins, Hon. Marcus Zielinski, Kristina Denny, Patricia DeGrand, Rhiannon Metoxen, Kristal Hill. This work meeting was held over Microsoft Teams. The purpose of this work meeting was for the workgroup to continue reviewing the Children’s Code line-by-line and discussing potential amendments to the law. 6/4/21: Work Meeting. Present: Clorissa N. Santiago, Jennifer Berg-Hargrove, Alebra Cornelius, Heather Lee, Michael Hoeft, Peggy Schneider, Lydia Witte, Kristal Hill. This work meeting was held over Microsoft Teams. The purpose of this work meeting was to review and discuss potential amendments to the law. 2/16/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Lydia Witte. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to allow Attorney Lydia Witte to introduce herself to the LOC and provide some background on the amendments the ICW Department is requesting. 4/12/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Carmen Vanlanen, Lydia Witte, Peggy Van Gheem, Jennifer Berg-Hargrove, Heather Lee, Alebra Metoxen, Michael Hoeft, Hon. Robert Collins II, Hon. Rodney Dequaine, Kristal Hill, Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review the initial draft of proposed amendments to the Children’s Code. 4/20/22 LOC: Motion by Marie Summers to approve the draft of the Children’s Code amendments and direct that a legislative analysis be developed; seconded by Jennifer Webster. Motion carried unanimously. 5/4/22 LOC: Motion by Jennifer Webster to approve the updated draft and the legislative analysis for Children’s Code amendments; seconded by Daniel Guzman King. Motion carried unanimously. 5/12/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie Summers, Kirby Metoxen, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review the public meeting notice for the Children’s Code amendments. 5/18/22 LOC: Motion by Jennifer Webster to approve the public meeting packet and forward the Children’s Code amendments to a public meeting to be held on June 15, 2022; seconded by Marie Summers. Motion carried unanimously. 6/15/22: Public Meeting Held. Present: Jennifer Webster, Marie Summers (Microsoft Teams), Clorissa N. Santiago, Carolyn Salutz, Grace Elliot, Brooke Doxtator, Jameson Wilson A good mind. A good heart. A strong fire. Page 2 of 3 ~ ONEIDA 6 of 193 (Microsoft Teams), Jeanette Ninham (Microsoft Teams), Michelle Myers (Microsoft Teams), Jennifer Berg-Hargrove (Microsoft Teams), Lydia Witte (Microsoft Teams), Hon. Robert Collins II, Kristal Hill (Microsoft Teams). The public meeting for the Children’s Code amendments was held in person in the Norbert Hill Center and on Microsoft Teams. No individuals provided public comment during the public meeting. 6/22/22: Public Comment Period Closed. One (1) submission of written comments were received during the public comment period. 7/6/22 LOC: Motion by Marie Summers to accept the public comments and the public comment review memorandum and defer to a work meeting for further consideration; seconded by Daniel Guzman King. Motion carried unanimously. 7/14/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Clorissa N. Santiago, Kristal Hill, Grace Elliot, Carolyn Salutz. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review and consider the public comments received during the public comment period. 7/20/22 LOC: Motion by Daniel Guzman King to approve the updated public comment review memorandum, draft, and legislative analysis; seconded by Kirby Metoxen. Motioner withdrew his motion, seconder agreed. Motion by Kirby Metoxen to approve the updated public comment review memorandum, draft, and legislative analysis, and direct the Indian Child Welfare Department to pursue amendments to their MOU with the Trust Enrollments Department; seconded by Daniel Guzman King. Motion carried unanimously. Motion by Daniel Guzman King to approve the fiscal impact statement request memorandum and forward to the Finance Department directing that a fiscal impact statement be prepared and submitted to the LOC by August 17, 2022; seconded by Kirby Metoxen. Motion carried unanimously. 7/28/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie Summers, Kirby Metoxen, Clorissa N. Santiago, Lydia Witte, Peggy Van Gheem, Jennifer Berg-Hargrove, Hon. Robert Collins II, Hon. Rodney Dequaine, Grace Elliott, Carolyn Salutz. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review the ICW Department’s concern with the inclusion of section 708.14-2 in the Children’s Code. The Legislative Operating Committee determined that law should move forward as proposed. Next Steps:  Approve the Children’s Code amendments adoption packet and forward to the Oneida Business Committee for consideration. A good mind. A good heart. A strong fire. Page 3 of 3 ~ ONEIDA 7 of 193 Oneida Nation 000000 PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-n sn.gov TO: FROM: DATE: RE: ~ Oneida Business Committee Legislative Operating Committee Oneida Business Committee David P. Jordan, LOC Chairperson September 14, 2022 Adoption of the Children's Code Amendments Please find the following attached backup documentation for your consideration of the adoption of the Children's Code Amendments: 1. 2. 3. 4. 5. 6. Resolution: Amendments to the Children's Code Statement of Effect: Amendments to the Children's Code Children's Code Amendments Legislative Analysis Children's Code Amendments Draft (Redline) Children's Code Amendments Draft (Clean) Children's Code Amendments Fiscal Impact Statement Overviei,v The Children's Code provides for the welfare, care, and protection of Oneida children through the preservation of the family unit, while recognizing that in some circumstances it may be in the child' s best interest to not be reunited with his or her family. Fmihe1more, this law strengthens family life by assisting parents in fulfilling their responsibilities as well as facilitating the return of Oneida children to the jurisdiction of the Nation and acknowledging the customs and traditions of the Nation when raising an Oneida child. [7 O.C. 708.1-1]. The proposed amendments to the Children's Code will: ■ Provide that any orders made by the Comi under this law, or any orders made by a comi of competent jurisdiction regarding child welfare matters, shall supersede any other order made by this Comi or a comi of competent jurisdiction regarding custody or placement of a child until the Children's Code or other child welfare orders are dismissed [7 0. C. 708. 5■ ·• ■ ■ 6]; Provide that the Depaiiment may enter into a protective plan with a family [7 0. C. 708. 71 (/)]; Update the general notice provisions in the Children's Code, as well as notice provisions throughout the Children's Code to provide greater clarification on providing notice in child welfare matters [7 0. C. 708.12]; Allow the Depaiiment to withhold the placement provider's identifying information from the child's parent, guardian, or legal custodian ifthere are reasonable grounds to believe that disclosure would result in imminent danger to the child or anyone else, but that a parent, guardian, or legal custodian may request judicial review of the decision to withhold the identifying info1mation [7 O.C. 708.12-4]; Provide clarification on how a matter is refe1Ted to the Oneida Nation Child Supp01i Agency for initiating a paternity action, and allow the Depaiiment may sign documents Page 1 of 2 A good mind. A good hea rt. A strong fire. 8 of 193 • • • • • • • • • • • required by the Oneida Nation Child Support Agency on behalf of the family for the limited purpose of initiating a paternity action [7 0. C. 708.13-3]; Provide that the Department shall make available for inspection or disclosure the contents of any record kept, regardless of the originating source, to a guardian ad litem appointed in a Children's Code or family law case when that access is granted by order of the Court [7 o.c. 708.14-2]; Allow the Department to make an ex paite request to the Court to conduct an in-camera review to determine what information should and should not be released to the paities and their counsel [7 0. C. 708.14-6]; Allow a child to be held in custody in hospital or other medical or mental health facility [7 0. C. 708.15-6(/) ]; Provide information that may be, but is not required to be, included in the Court's order to hold a child in custody [7 0. C. 7008.16-6(b)J; Allow the Department to request the placement of the child outside of the child's home at the plea hearing [7 0. C. 708.19-5]; Allow for the suspension of parental rights in addition to the te1mination of parental rights [7 o.c. 708.32}; Update the continuing need of protection or services ground for involuntary suspension or termination of parental rights to be consistent with recent revisions to State statute [7 0. C. 708.34-1 (c)]; Provide information that may be, but is not required to be, included in the Court's order of disposition for the suspension or termination of parental rights [7 0. C. 708. 40-4(c)]; Clarify that an adoption under this law shall take the form of customary adoption when the Comt has granted a petition to suspend parental rights, and take the form of a closed adoption when the Comt has granted a petition to terminate parental rights [7 0. C. 708. 411]; Allow the Depaitment to contract with a third-party agency to conduct an adoption investigation that may have been ordered by the Comt [7 O.C. 708.43-3(b)]; and Make other minor drafting revisions throughout the Children's Code. a The Legislative Operating Committee developed the Children's Code amendments through collaboration with representatives from the Oneida Law Office, Indian Child Welfare Depaitment, Oneida Family Comt. The Legislative Operating Committee held ten (10) work meetings on the development of the Children's Code. In accordance with the Legislative Procedures Act, a public meeting on the proposed Children's Code was held on June 15, 2022. No individuals provided oral comments during the public meeting. The public comment period was then held open until June 22, 2022. The Legislative Operating Committee received one (1) submission of written comments during the public comment period. All public comments received were accepted, reviewed, and considered by the Legislative Operating Committee on July 6, 2022, and July 14, 2022. Any changes made based on those comments have been incorporated into this draft. Requested Action Adopt the Resolution: Amendments to the Children's Code Page 2 of 2 A good mind. A good heart. A strong fire. ~ ONEIDA 9 of 193 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Oneida, WI 54155 BC Resolution # _____________ Amendments to the Children’s Code WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Children’s Code was adopted by the Oneida Business Committee though resolution BC-07-26-17-J; and WHEREAS, the purpose of the Children’s Code is to provide for the welfare, care, and protection of Oneida children through the preservation of the family unit, while recognizing that in some circumstances it may be in the child’s best interest to not be reunited with his or her family; and WHEREAS, furthermore, the Children’s Code strengthens family life by assisting parents in fulfilling their responsibilities as well as facilitating the return of Oneida children to the jurisdiction of the Nation and acknowledging the customs and traditions of the Nation when raising an Oneida child; and WHEREAS, it is the policy of the Nation to ensure there is a standard process for conducting judicial proceedings and other procedures in which children and all other interested parties are provided fair hearings in addition to ensuring their legal rights are recognized and enforced, while protecting the public safety; and WHEREAS, the amendments to the Children’s Code provide that any orders made by the Court under this law, or any orders made by a court of competent jurisdiction regarding child welfare matters, shall supersede any other order made by this Court or a court of competent jurisdiction regarding custody or placement of a child until the Children’s Code or other child welfare orders are dismissed; and WHEREAS, the amendments to the Children’s Code provide that the Department may enter into a protective plan with a family; and WHEREAS, the amendments to the Children’s Code update the general notice provisions in the Children’s Code, as well as notice provisions throughout the Children’s Code to provide greater clarification on providing notice in child welfare matters; and 10 of 193 BC Resolution # _______ Amendments to the Children’s Code Page 2 of 3 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 WHEREAS, the amendments to the Children’s Code allow the Department to withhold the placement provider’s identifying information from the child’s parent, guardian, or legal custodian if there are reasonable grounds to believe that disclosure would result in imminent danger to the child or anyone else, but that a parent, guardian, or legal custodian may request judicial review of the decision to withhold the identifying information; and WHEREAS, the amendments to the Children’s Code provide clarification on how a matter is referred to the Oneida Nation Child Support Agency for initiating a paternity action, and allow the Department may sign documents required by the Oneida Nation Child Support Agency on behalf of the family for the limited purpose of initiating a paternity action; and WHEREAS, the amendments to the Children’s Code provide that the Department shall make available for inspection or disclosure the contents of any record kept, regardless of the originating source, to a guardian ad litem appointed in a Children’s Code or family law case when that access is granted by order of the Court; and WHEREAS, the amendments to the Children’s Code allow the Department to make an ex parte request to the Court to conduct an in-camera review to determine what information should and should not be released to the parties and their counsel; and WHEREAS, the amendments to the Children’s Code allow a child to be held in custody in a hospital or other medical or mental health facility; and WHEREAS, the amendments to the Children’s Code provide information that may be, but is not required to be, included in the Court’s order to hold a child in custody; and WHEREAS, the amendments to the Children’s Code allow the Department to request the placement of the child outside of the child’s home at the plea hearing; and WHEREAS, the amendments to the Children’s Code allow for the suspension of parental rights in addition to the termination of parental rights; and WHEREAS, the amendments to the Children’s Code update the continuing need of protection or services ground for involuntary suspension or termination of parental rights to be consistent with recent revisions to State statute; and WHEREAS, the amendments to the Children’s Code provide information that may be, but is not required to be, included in the Court’s order of disposition for the suspension or termination of parental rights; and WHEREAS, the amendments to the Children’s Code clarify that an adoption under this law shall take the form of customary adoption when the Court has granted a petition to suspend parental rights, and take the form of a closed adoption when the Court has granted a petition to terminate parental rights; and WHEREAS, the amendments to the Children’s Code allow the Department to contract with a third-party agency to conduct an adoption investigation that may have been ordered by the Court; and WHEREAS, the amendments to the Children’s Code make other minor drafting revisions throughout the Children’s Code; and 11 of 193 BC Resolution # _______ Amendments to the Children’s Code Page 3 of 3 94 95 96 97 98 99 100 101 102 103 104 WHEREAS, in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact statement were developed for this Law; and WHEREAS, a public meeting on this proposed Law was held on June 15, 2022, and the public comment period was held open until June 22, 2022; and WHEREAS, the Legislative Operating Committee accepted, reviewed, and considered all public comments received on July 6, 2022 and July 14, 2022; and NOW THEREFORE BE IT RESOLVED, that the amendments to the Children’s Code are hereby adopted and shall be effective on September 28, 2022. 12 of 193 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ~ ONEIDA Statement of Effect Amendments to the Children’s Code Summary This resolution adopts amendments to the Children’s Code. Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office Date: August 29, 2022 Analysis by the Legislative Reference Office This resolution adopts amendments to the Children’s Code. The Children’s Code provides for the welfare, care, and protection of Oneida children through the preservation of the family unit, while recognizing that in some circumstances it may be in the child’s best interest to not be reunited with his or her family. Furthermore, the Children’s Code strengthens family life by assisting parents in fulfilling their responsibilities as well as facilitating the return of Oneida children to the jurisdiction of the Nation and acknowledging the customs and traditions of the Nation when raising an Oneida child. [7 O.C. 708.1-1]. This resolution adopts the amendments to the Children’s Code which will:  Provide that any orders made by the Court under this law, or any orders made by a court of competent jurisdiction regarding child welfare matters, shall supersede any other order made by this Court or a court of competent jurisdiction regarding custody or placement of a child until the Children’s Code or other child welfare orders are dismissed [7 O.C. 708.56];  Provide that the Department may enter into a protective plan with a family [7 O.C. 708.71(f)];  Update the general notice provisions in the Children’s Code, as well as notice provisions throughout the Children’s Code to provide greater clarification on providing notice in child welfare matters [7 O.C. 708.12];  Allow the Department to withhold the placement provider’s identifying information from the child’s parent, guardian, or legal custodian if there are reasonable grounds to believe that disclosure would result in imminent danger to the child or anyone else, but that a parent, guardian, or legal custodian may request judicial review of the decision to withhold the identifying information [7 O.C. 708.12-4];  Provide clarification on how a matter is referred to the Oneida Nation Child Support Agency for initiating a paternity action, and allow the Department may sign documents required by the Oneida Nation Child Support Agency on behalf of the family for the limited purpose of initiating a paternity action [7 O.C. 708.13-3];  Provide that the Department shall make available for inspection or disclosure the contents of any record kept, regardless of the originating source, to a guardian ad litem appointed in a Children’s Code or family law case when that access is granted by order of the Court [7 O.C. 708.14-2]; Page 1 of 2 A good mind. A good heart. A strong fire. 13 of 193           Allow the Department to make an ex parte request to the Court to conduct an in-camera review to determine what information should and should not be released to the parties and their counsel [7 O.C. 708.14-6]; Allow a child to be held in custody in a hospital or other medical or mental health facility [7 O.C. 708.15-6(f)]; Provide information that may be, but is not required to be, included in the Court’s order to hold a child in custody [7 O.C. 7008.16-6(b)]; Allow the Department to request the placement of the child outside of the child’s home at the plea hearing [7 O.C. 708.19-5]; Allow for the suspension of parental rights in addition to the termination of parental rights [7 O.C. 708.32]; Update the continuing need of protection or services ground for involuntary suspension or termination of parental rights to be consistent with recent revisions to State statute [7 O.C. 708.34-1(c)]; Provide information that may be, but is not required to be, included in the Court’s order of disposition for the suspension or termination of parental rights [7 O.C. 708.40-4(c)]; Clarify that an adoption under this law shall take the form of customary adoption when the Court has granted a petition to suspend parental rights, and take the form of a closed adoption when the Court has granted a petition to terminate parental rights [7 O.C. 708.411]; Allow the Department to contract with a third-party agency to conduct an adoption investigation that may have been ordered by the Court [7 O.C. 708.43-3(b)]; and Make other minor drafting revisions throughout the Children’s Code. The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C. 109.1-1]. The Children’s Code amendments complied with all processes and procedures required by the LPA, including the development of a legislative analysis, a fiscal analysis, and the opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8]. A public meeting on the proposed Children’s Code was held on June 15, 2022. No individuals provided oral comments during the public meeting. The public comment period was then held open until June 22, 2022. The Legislative Operating Committee received one (1) submission of written comments during the public comment period. All public comments received were accepted, reviewed, and considered by the Legislative Operating Committee on July 6, 2022 and July 14, 2022. Any changes made based on those comments have been incorporated into this draft. The Children’s Code amendments will become effective on September 28, 2022, in accordance with the LPA. [1 O.C. 109.9-3]. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 A good mind. A good heart. A strong fire. ~ ONEIDA 14 of 193 Analysis to Draft 3 for OBC Consideration 2022 09 14 CHILDREN’S CODE AMENDMENTS LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Intent of the Proposed Amendments Analysis by the Legislative Reference Office  Provide that any orders made by the Court under this law, or any orders made by a court of competent jurisdiction regarding child welfare matters, shall supersede any other order made by this Court or a court of competent jurisdiction regarding custody or placement of a child until the Children’s Code or other child welfare orders are dismissed [7 O.C. 708.5-6];  Provide that the Department may enter into a protective plan with a family [7 O.C. 708.7-1(f)];  Update the general notice provisions in the Children’s Code, as well as notice provisions throughout the Children’s Code to provide greater clarification on providing notice in child welfare matters [7 O.C. 708.12];  Allow the Department to withhold the placement provider’s identifying information from the child’s parent, guardian, or legal custodian if there are reasonable grounds to believe that disclosure would result in imminent danger to the child or anyone else, but that a parent, guardian, or legal custodian may request judicial review of the decision to withhold the identifying information [7 O.C. 708.12-4];  Provide clarification on how a matter is referred to the Oneida Nation Child Support Agency for initiating a paternity action, and allow the Department may sign documents required by the Oneida Nation Child Support Agency on behalf of the family for the limited purpose of initiating a paternity action [7 O.C. 708.13-3];  Provide that the Department shall make available for inspection or disclosure the contents of any record kept, regardless of the originating source, to a guardian ad litem appointed in a Children’s Code or family law case when that access is granted by order of the Court. [7 O.C. 708.14-2].  Allow the Department to make an ex parte request to the Court to conduct an in-camera review to determine what information should and should not be released to the parties and their counsel [7 O.C. 708.14-7];  Allow a child to be held in custody in a hospital or other medical or mental health facility [7 O.C. 708.15-6(f)];  Provide information that may be, but is not required to be, included in the Court’s order to hold a child in custody [7 O.C. 7008.16-6(b)];  Allow the Department to request the placement of the child outside of the child’s home at the plea hearing [7 O.C. 708.19-5];  Allow for the suspension of parental rights in addition to the termination of parental rights [7 O.C. 708.32];  Update the continuing need of protection or services ground for involuntary suspension or termination of parental rights to be consistent with recent revisions to State statute [7 O.C. 708.34-1(c)]; Page 1 of 17 15 of 193 Analysis to Draft 3 for OBC Consideration 2022 09 14 Provide information that may be, but is not required to be, included in the Court’s order of disposition for the suspension or termination of parental rights [7 O.C. 708.40-4(c)];  Clarify that an adoption under this law shall take the form of customary adoption when the Court has granted a petition to suspend parental rights, and take the form of a closed adoption when the Court has granted a petition to terminate parental rights [7 O.C. 708.41-1];  Allow the Department to contract with a third-party agency to conduct an adoption investigation that may have been ordered by the Court[7 O.C. 708.43-3(b)]; and  Make other minor drafting revisions throughout the Children’s Code. The purpose of this law is to provide for the welfare, care, and protection of Oneida children through the preservation of the family unit, while recognizing that in some circumstances it may be in the child’s best interest to not be reunited with his or her family. Furthermore, this law strengthens family life by assisting parents in fulfilling their responsibilities as well as facilitating the return of Oneida children to the jurisdiction of the Nation and acknowledging the customs and traditions of the Nation when raising an Oneida child. [7 O.C. 708.1-1]. Indian Child Welfare Department (“the Department”), Oneida Family Court (“the Court”), Oneida Law Office Oneida Judiciary Rules of Civil Procedure, Oneida Judiciary Rules of Evidence, Family Court law, Paternity law, Child Support law A public meeting was held in accordance with the Legislative Procedures Act on June 15, 2022, with a public comment period held open until June 22, 2022. A fiscal impact statement was provided by the Finance Department on August 12, 2022.  Purpose Affected Entities Related Legislation Public Meeting Fiscal Impact 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The Children’s Code was adopted by the Oneida Business Committee on July 26, 2017, through the adoption of resolution BC-07-26-17-J for the purpose of providing for the welfare, care, and protection of Oneida children through the preservation of the family unit, while recognizing that in some circumstances it may be in the child’s best interest to not be reunited with his or her family. Furthermore, the Children’s Code strengthens family life by assisting parents in fulfilling their responsibilities as well as facilitating the return of Oneida children to the jurisdiction of the Nation and acknowledging the customs and traditions of the Nation when raising an Oneida child. [7 O.C. 708.11]. It is the policy of the Nation to ensure there is a standard process for conducting judicial proceedings and other procedures in which children and all other interested parties are provided fair hearings in addition to ensuring their legal rights are recognized and enforced, while protecting the public safety. [7 O.C. 708.1-2]. B. Request for Amendments. On August 25, 2020, the Oneida Law Office and Indian Child Welfare Department requested that emergency amendments be made to the Children’s Code to address customary adoption. The departments were seeking amendments to the Children’s Code regarding customary adoption be changed to allow for a suspension of rights rather than a termination of rights to allow for the adopting family to be eligible for Adoption Assistance with the State. On August 28, 2020, the LOC considered this request and determined that it did not meet the standard for emergency Page 2 of 17 16 of 193 Analysis to Draft 3 for OBC Consideration 2022 09 14 19 20 21 22 amendments provided by the Legislative Procedures Act, but that the LOC would add this item to the AFL for amendments to be made via the normal legislative process. The Legislative Operating Committee added the Children’s Code amendments to its Active Files List on October 7, 2020. C. The Legislative Operating Committee is now seeking amendments to the Children’s Code. 23 24 25 26 27 28 29 30 31 32 33 34 35 SECTION 3. CONSULTATION AND OUTREACH A. Representatives from the following departments or entities participated in the development of the amendments to the Children’s Code and this legislative analysis:  Oneida Law Office;  Indian Child Welfare Department; and  Oneida Family Court. B. The following laws were reviewed in the drafting of this analysis:  Oneida Judiciary Rules of Civil Procedure;  Family Court Law;  Paternity law;  Child Support law; and  Child Custody, Placement, and Visitation law. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 SECTION 4. PROCESS A. The development of the proposed amendments to the Children’s Code complies with the process set forth in the Legislative Procedures Act (LPA).  On October 7, 2020, the Legislative Operating Committee added the Law to its Active Files List.  On April 20, 2022, the Legislative Operating Committee approved the draft of the proposed amendments to the Children’s Code and directed that a legislative analysis be developed.  On May 4, 2022, the Legislative Operating Committee approved the updated draft and the legislative analysis for Children’s Code amendments.  On May 18, 2022, the Legislative Operating Committee approved the public meeting packet and forwarded the Children’s Code amendments to a public meeting to be held on June 15, 2022.  The public meeting was held on June 15, 2022, in person in the Business Committee Conference Room in the Norbert Hill Center as well as on Microsoft Teams. No individuals provided public comment during the public meeting.  The public comment period was then held open until June 22, 2022. One (1) submission of written comments was received during the public comment period.  On July 6, 2022, the Legislative Operating Committee accepted the public comments and the public comment review memorandum and deferred these items to a work meeting for further consideration.  On July 14, 2022, the Legislative Operating Committee reviewed and considered the public comment that was received.  On July 20, 2022, the Legislative Operating Committee approved the updated public comment review memorandum, draft, and legislative analysis; approved the updated public comment review memorandum, draft, and legislative analysis, and directed the Indian Child Welfare Page 3 of 17 17 of 193 Analysis to Draft 3 for OBC Consideration 2022 09 14 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 Department to pursue amendments to their MOU with the Trust Enrollments Department; and approved the fiscal impact statement request memorandum and forwarded these items to the Finance Department directing that a fiscal impact statement be prepared and submitted to the LOC by August 17, 2022.  On August 12, 2022, the Finance Department provided the Legislative Operating Committee with a fiscal impact statement for the proposed amendments to the Children’s Code. B. At the time this legislative analysis was developed the following work meetings had been held regarding the development of this Law:  October 13, 2020: LOC work session with the Indian Child Welfare Department and Oneida Law Office.  April 12, 2021: LOC work session with the Oneida Family Court.  April 12, 2021: LOC work session with the Indian Child Welfare Department and Oneida Law Office.  April 26, 2021: LOC work session with the Oneida Family Court.  June 4, 2021: Work session with the Indian Child Welfare Department and the Oneida Law Office.  February 16, 2022: LOC work session with Oneida Law Office.  April 12, 2022: LOC work session with the Indian Child Welfare Department, Oneida Law Office, and the Oneida Family Court.  May 12, 2022: LOC work session.  July 14, 2022: LOC work session.  July 28, 2022: LOC work session with the Indian Child Welfare Department, Oneida Law Office, and the Oneida Family Court. 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 SECTION 5. CONTENTS OF THE LEGISLATION A. Hierarchy of Child Welfare Court Orders. A new provision added to the Children’s Code through these amendments provides that any orders made by the Court under this law, or any orders made by a court of competent jurisdiction regarding child welfare matters, shall supersede any other order made by this Court or a court of competent jurisdiction regarding custody or placement of a child until the Children’s Code or other child welfare orders are dismissed. [7 O.C. 708.5-6].  Effect. The overall purpose of this provision is to provide clarification that any orders made by the Court under this law, or any orders made by a court of competent jurisdiction regarding child welfare matters, shall supersede any other order made by this Court or a court of competent jurisdiction regarding custody or placement of a child until the Children’s Code or other child welfare orders are dismissed. This clarification was added to prevent an individual from seeking a custody or placement order for a child in this Court or a court of competent jurisdiction in an attempt to trump a child welfare order. B. Protective Plans. The Children’s Code provides the various duties and responsibilities of the Indian Child Welfare Worker. [7 O.C. 708.7-1]. The Children’s Code provides that an Indian Child Welfare worker may enter into informal dispositions with families. [7 O.C. 708.7-1(f)]. The proposed amendments to the Children’s Code revise the responsibilities and duties of the Indian Child Welfare work to include that they also may enter into a protective plan with a family. Id. Definitions for both informal dispositions and protective plans were then added to the Children’s Code. Informal disposition is defined in the Children’s Code as a written agreement with all the parties describing the conditions Page 4 of 17 18 of 193 Analysis to Draft 3 for OBC Consideration 2022 09 14 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 and obligations that must be met to ensure the child is protected and to alleviate the condition that led to the referral to the Department. [7 O.C. 708.3-1(bb)]. An informal disposition is utilized by the Department when the Department determines that the interest of the child does not require a formal Court intervention to provide protection and services to the child. Id. Protective plan is defined as an immediate short-term action that protects a child from present danger threats in order to allow for completion of the initial assessment, investigation and, if needed, the implementation of a safety plan. [7 O.C. 708.3-1(nn)].  Effect. The proposed amendments to the Children’s Code provide greater clarification as to the duties and responsibilities of the Indian Child Welfare workers. C. General Notice Provisions. The proposed amendments to the Children’s Code update the general notice provisions in the Children’s Code. The proposed amendments to the Children’s Code provide that service of documents and notices shall be as specified in this law, and if a method of service is not specified in this law then service shall be by first-class mail to the recently verified last-known address of the party. [7 O.C. 708.12-1]. If a party’s whereabouts are unknown and cannot be found after diligent effort, service shall be by publication as described in the Oneida Judiciary Rules of Civil Procedure. Id. The proposed amendments provide that the Court shall provide the parties with notice of all hearings at least seven (7) days prior to the hearing, with the purpose of providing the parties an opportunity to be heard, except in situations where a hearing is scheduled and it is not possible to provide notice at least seven (7) days prior to the hearing, the Court shall make an appropriate effort to notice all parties of the hearing. [7 O.C. 708.12-2]. Additionally, the proposed amendments provide that when the Department is required to perform personal service, the Indian Child Welfare Worker may deliver the document(s) directly to the party(s) if such service is appropriate and safe under the circumstances, and in the alternative, personal service may be accomplished according to the Oneida Judiciary Rules of Civil Procedure. The proposed amendments also include a new provision which provides that in all proceedings under this law, the Department may withhold the placement provider’s identifying information from the child’s parent, guardian, or legal custodian if there are reasonable grounds to believe that disclosure would result in imminent danger to the child or anyone else, but that a parent, guardian, or legal custodian may request judicial review of the decision to withhold the identifying information. [7 O.C. 708.12-4]. Previously the Children’s Code provided general provisions on the notice of petitions, and provided that petitions alleging that a child is in need of protection or services may be given to the parties directly by the Nation’s Child Welfare attorney or the Indian Child Welfare Worker or served on the parties pursuant to the Oneida Judiciary Rules of Civil Procedure. While petitions for termination of parental rights, guardianship, and adoption shall be served on all other parties pursuant to the Oneida Judiciary Rules of Civil Procedure. The Children’s previously provided that all parties shall be notified of all subsequent hearings under this law by first-class mail to the recently verified last-known address of the party.  Effect. Updates were made to the general notice provisions in the Children’s Code to provide greater clarification on how notice is provided to the parties involved in child welfare matters. The prior simple reference to following the Oneida Judiciary Rules of Civil Procedure did not provide the Indian Child Welfare Department and the Oneida Law Office the guidance they needed in how notice should occur, because the Oneida Judiciary Rules of Civil Procedures did not address the notice of particular documents or processes contained in the Children’s Code. The new provisions provide the necessary clarification to guide notice practices under the Children’s Code. Page 5 of 17 19 of 193 Analysis to Draft 3 for OBC Consideration 2022 09 14 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 D. Notice Provisions Throughout the Law. In addition to the general notice provisions that have been amended in section 708.12, notice provisions have been clarified and updated throughout the Children’s Code including:  Section 708.16-3. The proposed amendments to the Children’s Code remove a provision which states that prior to the start of a hearing for emergency custody, the Court shall provide a copy of the petition to the parent, guardian, and legal custodian, if present, and to the child if he or she is twelve (12) years of age or older. Instead, the proposed amendments now provide that for any parties not present at the hearing, the Department shall serve the petition on those parties by verified mail, return receipt requested.  Section 708.17-1. The proposed amendments to the Children’s Code provide that upon filing with the Court, the Department shall provide a copy of the petition for a child in need of protection or services to the parties by personal service or, if personal service is not possible, by certified mail with return receipt requested.  Section 708.17-5. The proposed amendments to the Children’s Code provide that upon filing with the Court, the Department shall provide a copy of the amended petition to the parties by certified mail with return receipt requested. Previously, this section of the Children’s Code provided that an amended petition may be given to the parties directly by the Nation’s Child Welfare attorney or the Indian Child Welfare Worker or served on the parties pursuant to the Oneida Judiciary Rules of Civil Procedure.  Section 708.21-1. The Children’s Code provides that before the dispositional hearing, the Department shall submit a written report to the Court, with a copy provided to the parties at least seven (7) days prior to the hearing. The proposed amendments to the Children’s Code clarify that the copy of the written report shall be provided to the parties by first-class mail.  Section 708.23-3. The proposed amendments to the Children’s Code provide that at least seven (7) days before the date of the permanency plan hearing, the Department shall file the updated permanency plan with the Court and provide a copy to the parties by first-class mail. Previously, this section of the Children’s Code required that at least five (5) business days before the date of the hearing the Department shall provide a copy of the updated permanency plan to the Court and the parties.  Section 708.24-4. The proposed amendments to the Children’s Code provide that upon filing with the Court, the Department shall provide a copy of the request for a change in placement to the parties by first-class mail. Previously, this section of the Children’s Code provided that written notice of the proposed change in placement shall be sent to all of the parties pursuant to the Oneida Judiciary Rules of Civil Procedure.  Section 708.24-6. The proposed amendments to the Children’s Code provide that the Department shall notify the parties of the emergency change in placement by personal service as soon as possible but no later than seventy-two (72) hours after the emergency change in placement excluding Saturdays, Sundays, and holidays. Previously, this section of the Children’s Code provided that notice of the emergency change in placement shall be sent to the parties as soon as possible but no later than seventy-two (72) hours after the emergency change in placement excluding Saturdays, Sundays, and holidays.  Section 708.25-4. The proposed amendments to the Children’s Code provide that upon filing a request for trial reunification with the Court and at least seven (7) days before the Page 6 of 17 20 of 193 Analysis to Draft 3 for OBC Consideration 2022 09 14 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236         date of reunification, the Department shall provide the parent, guardian, legal custodian, and any other party written notice of the proposed reunification by first-class mail. Previously, this section of the Children’s Code provided that Department or Nation’s Child Welfare attorney shall provide the parent, guardian, legal custodian, and any other party written notice pursuant to the Oneida Judiciary Rules of Civil Procedure. Section 708.24-7. The proposed amendments to the Children’s Code provide that no later than seven (7) days prior to the expiration of the trial reunification, the Department shall submit the request for an extension of the trial reunification to the Court and shall cause notice of the request to be provided to all parties by first-class mail. Previously, this section of the Children’s Code provided that no later than ten (10) days prior to the expiration of the trial reunification, the Department shall submit the request to the Court and shall cause notice of the request to be provided to all parties. Section 708.25-8. The proposed amendments to the Children’s Code clarify that the Department is required to provide written notice of the end of a trial reunification period to the parties by first-class mail. Section 708.25-9(a)(1). The proposed amendments to the Children’s Code clarify that the Department’s request for revocation of the trial reunification is required to be provided by first-class mail. Section 708.26-2. The proposed amendments to the Children’s Code clarify that the Department’s request for a revision of the dispositional order is required to be provided to the parties by first-class mail. Previously, this section of the Children’s Code provided that notice be provided to the parties pursuant to the Oneida Judiciary Rules of Civil Procedure. Section 708.27-1. The proposed amendments to the Children’s Code clarify that the Department’s request for an extension of the dispositional order is required to be provided to the parties by first-class mail. Previously, this section of the Children’s Code provided that notice be provided to the parties pursuant to the Oneida Judiciary Rules of Civil Procedure. Section 708.29.4. The proposed amendments to the Children’s Code provide that upon filing with the Court and at least seven (7) days prior to the plea hearing, the party that filed the guardianship petition shall provide a copy of the petition to the other parties by personal service or, if personal service is not possible, by certified mail with return receipt requested. Section 708.29-8(a). The proposed amendments to the Children’s Code provide that upon filing with the Court and at least seven (7) days prior to the fact-finding hearing, the Department shall provide the parent, guardian, legal custodian, proposed guardian, and any other parties a written copy of the report by first-class mail. Previously, this section of the Children’s Code provided that the Department shall file its report with the Court prior to the fact-finding hearing and shall provide the parties with a copy of the report at least three (3) business days prior to the hearing. Section 708.30-2. The proposed amendments to the Children’s Code provide that the motion for a revision of guardianship shall be filed with the Court and, upon filing, a written copy shall be provided to all parties by first-class mail. Previously, the notice of revision was required to be filed with the Court with notice provided to the parties pursuant to the Oneida Judiciary Rules of Civil Procedure. Additionally, the proposed amendments to subsection (a) of 708.30-2 provide that upon filing with the Court and at least seven (7) Page 7 of 17 21 of 193 Analysis to Draft 3 for OBC Consideration 2022 09 14 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 days prior to the revision hearing, the Department shall provide the parties with a written copy of their report by first-class mail. Previously, subsection (a) provided that the department shall file its report with the Court prior to the hearing on the revision of guardianship and shall provide the parties with a copy of the report at least three (3) business days prior to the hearing.  Section 708.31-2(a). The proposed amendments to the Children’s Code provide that upon filing with the Court and at least seven (7) days prior to the termination hearing, the Department shall provide the parties with a written copy of the report for the termination of a guardianship by first class mail. Previously, the Children’s Code provided that the Department shall file its report with the Court prior to the hearing on the termination of guardianship and shall provide the parties with a copy of the report at least three (3) business days prior to the hearing.  Section 708.35-5. The proposed amendments to the Children’s Code provide that upon filing with the Court and at least seven (7) days prior to the initial hearing, the petitioner shall serve the summons and petition upon the following persons by personal service or, if personal service is not possible, by certified mail, return receipt requested: The parent(s) of the child, including an alleged father if paternity has not been established; and The child’s foster parent, guardian or legal custodian, if applicable. Previously, the Children’s Code provided that the petitioner shall ensure the summons and petition are served upon the following persons pursuant to the Oneida Judiciary Rules of Civil Procedure: The parent(s) of the child, including an alleged father if paternity has not been established; The child’s foster parent, guardian or legal custodian, if applicable; and The Nation’s Child Welfare attorney and the Department, if the petition is filed by anyone other than the Nation’s Child Welfare attorney or the Department.  Section 708.43-4. The proposed amendments to the Children’s Code provide that the Department or other agency or department making the adoption investigation shall file its report with the Court prior to the hearing on the petition and shall provide a copy of the report to the parties by first-class mail at least seven (7) days prior to the hearing. Previously, this section of the Law provided that the Department or other agency or department making the investigation shall file its report with the Court prior to the hearing on the petition and shall provide the parties with a copy of the report at least three (3) business days prior to the hearing.  Section 708.43-9. The proposed amendments to the Children’s Code provide that within five (5) days after entry of the order granting a closed adoption, the Department shall mail a copy of the order to the State of Wisconsin Bureau of Vital Statistics and furnish any additional data needed for the issuance of a new birth certificate. Previously this section provided that after entry of the order granting the adoption, the Department shall promptly mail a copy of the order to the State of Wisconsin Bureau of Vital Statistics and furnish any additional data needed for the issuance of a new birth certificate.  Effect. Revisions to specific notice requirements throughout the Children’s Code were made to provide greater clarification on how notice shall occur. E. Referral of a Paternity Action to the Oneida Nation Child Support Agency. The proposed amendments to the Children’s Code addresses referrals for paternity actions. The proposed amendments provides that if an alleged father appears at a hearing under this law, the Court may order the Page 8 of 17 22 of 193 Analysis to Draft 3 for OBC Consideration 2022 09 14 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 Department to refer the matter to the Oneida Nation Child Support Agency to adjudicate paternity. [7 O.C. 708.13-3]. There is a new provision added to the that that provides that if the Court enters such an order, then the Department may sign documents required by the Oneida Nation Child Support Agency on behalf of the family for the limited purpose of initiating a paternity action. Id. While paternity is being established, the Court shall enter an order finding good cause to suspend the time limits established under this law. Id. Previously, the Children’s Code provided that if an alleged father appears at a hearing under this law, the Court may refer the matter to the Oneida Nation Child Support Agency to adjudicate paternity.  Effect. The proposed amendments to the Children’s Code provide greater clarification on how a referral to the Oneida Nation Child Support Agency occurs – that the Court may order the Department to refer the matter to the Oneida Nation Child Support Agency – so it is not the Court itself that refers the matter to the Oneida Nation Child Support Agency. Authority was given to the Department to sign documents required by the Oneida Nation Child Support Agency on behalf of the family for the limited purpose of initiating a paternity action, so that a situation could be avoided where a paternity action is unable to be initiated because the mother of the child is unable to or not around to sign the necessary documents. F. Access of Records for a Guardian Ad Litem. The proposed amendments add a new provision to the Children’s Code which provides that the Department shall make available for inspection or disclosure the contents of any record kept, regardless of the originating source, to a guardian ad litem appointed in a Children’s Code or family law case when that access is granted by order of the Court. [7 O.C. 708.14-2].  Effect. When the Court appoints a GAL, whether that be in a case under the Children’s Code or the Child Custody, Placement, and Visitation law, the Court’s order contains the following statement: The guardian ad litem shall be provided access to all records in possession of juvenile intake; the tribal, county or state department of social services; child welfare agencies; schools; or law enforcement agencies pertaining to the above captioned case, regardless of the originating source, including but not limited to, medical, mental health, psychological, counseling, drug or alcohol records from a non-federally assisted program as defined in 42 CFR Part 2, financial, educational, employment, probation, and law enforcement records. The inclusion of this statement in the Court order intends to avoid unnecessary delay in seeking other consent authorization for access to records, especially when the GAL has to meet expedited timelines included under the Children’s Code. Requiring a GAL to seek a signed authorization form from the parent in order to access information from the Indian Child Welfare Department or other department of the Nation should not be necessary when the order made by the Court already addresses the release of information to the GAL. This amendment clarifies this issue and intends to avoid unnecessary delay in the future. G. Withholding the Release of Information. The proposed amendments add a new provision to the Children’s Code which provides that the Department may make an ex parte request to the Court to conduct an in-camera review to determine what information should and should not be released to the parties and their counsel. [7 O.C. 708.14-7]. In making that determination, the Court is required to balance what is necessary to a fair determination of the child welfare legal matter, including access to records, against the interest in protecting the child from the risk of harm. Id. After the Court conducts the in-camera review, the decision regarding the release of records shall be provided to the parties in writing. Id. Page 9 of 17 23 of 193 Analysis to Draft 3 for OBC Consideration 2022 09 14 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 Effect. The Children’s Code provides that upon written request, the parties and their counsel shall have the right to inspect, copy or photograph social, psychiatric, psychological, medical, and school reports, and records concerning the child including reports of preliminary inquiries, predisposition studies and supervision records relating to the child which are in the possession of the Nation’s Child Welfare attorney or the Department that pertain to any case under this law. [7 O.C. 708.141]. The Indian Child Welfare Department expressed concerns that the Department may have certain records which if released could cause harm to the child. This provision was added to give the Department a method to seek intervention by the Court to determine if certain records can be withheld in the interest in protecting the child. H. Holding a Child in Custody. The Children’s Code provides a list of options for where a child may be held in custody as long as the place is in the best interest of the child and all people residing or regularly visiting the premises have cleared a background check. [7 O.C. 708.15-6]. The proposed amendments to the Children’s Code add a new option to the list of where a child may be held in custody at, which is a hospital or other medical or mental health facility. [7 O.C. 708.15-6].  Effect. The option to hold a child in custody in a hospital or other medical or mental health facility was added to address child welfare cases where the child may need to be hospitalized or held in a medical facility. This provides greater flexibility in determining where a child should be held in custody that best meets the needs and interests of the child. I. Order for Holding a Child in Custody at an Emergency Custody Hearing. The Children’s Code provides that all orders to hold a child in custody at an emergency custody hearing shall be in writing and provides what information is required to be included in the order. [7 O.C. 7008.16-6(a)]. The proposed amendments to the Children’s Code will now include the addition of information that may be, but not required to be, included in the order to hold a child in custody. [7 O.C. 7008.16-6(b)]. Now an order to hold a child in custody may include a transfer of the legal custody of the child, including decisions about health care and education.  Effect. Allowing an order to hold a child in custody at an emergency custody hearing to include a transfer of the legal custody of the child, including decisions about health care and education, allow for legal custody to be transferred to the Department or the other parent, if necessary, especially if medical decisions need to be made on behalf of the child. J. Request for Out of Home Placement of the Child at the Plea Hearing. The proposed amendments to the Children’s Code provide that at the plea hearing the Department may request placement of the child outside of the child’s home in accordance with the placement preferences in section 708.11-1, if notice of the Department’s intent to seek out of home placement of the child was provided to the parties prior to the hearing in substantial compliance with section 708.15-9. [7 O.C. 708.19-5]. The Children’s Code will not require that in the request for placement of the child outside of the child’s home the Department shall present as evidence specific information as outlined in 708.16-6(a)(1)-(5). Id. If the Court orders the out of home placement of the child, the order shall be in writing and shall contain the information required by section 708.16-6(a)(1)-(5). [7 O.C. 708.19-6]. Previously, the Children’s Code did not allow for the Department to request the out of home placement of a child at the plea hearing.  Effect. The proposed amendments to the Children’s Code will allow for the Department to request the placement of a child outside of the child’s home at the plea hearing. Currently, it has been interpreted that a request for the placement of the child outside of the child’s home can only occur at an emergency custody hearing or at the dispositional hearing for a child in need of protection or services. The Department requested this amendment so that the Department would have the ability  Page 10 of 17 24 of 193 Analysis to Draft 3 for OBC Consideration 2022 09 14 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 to avoid taking a child into emergency custody when the parents are already in agreement with a protective plan and the child is already staying out of home under the protective plan. This allows the Department to avoid unnecessary litigation and pressure to the family if the emergency custody hearing can be skipped, and the department can file a petition for a child in need of protection or services and request the ordered out of home placement at the time of the plea hearing. A protective plan is a safety tool the Department can implement during the Initial Assessment stage of a case. Initial Assessment lasts sixty (60) days and during that time the Indian Child Welfare Department workers gather information, and a determination is made whether a petition for a child in need of protection or services needs to be filed. Parents have to agree to a protective plan and the plan can only last for sixty (60) days. There isn’t a formal order placing the child out of home within a protective plan because a protective plan is temporary and agreed to by the parents. When the sixty (60) days for the initial assessment ends, if it is clear that a petition for a child in need of protection or services needs to be filed, then the Department would like the ability to skip a contentious emergency custody hearing and simply file a petition and ask for an order for out of home placement at the first hearing, which is the plea hearing. An emergency custody hearing is also not the best option in these situations because an “emergency” does not necessarily exist because the child is safe under the protective plan and staying out of the home. K. Withholding Identifying Information in the Dispositional Report. The proposed amendments to the Children’s Code eliminated section 708.21-3 of the Code which provided that the Department may request the Court to withhold identifying information from the child's parent, guardian, or legal custodian if there are reasonable grounds to believe that disclosure would result in imminent danger to the child or anyone else.  Effect. Section 708.21-3 of the Children’s Code- which provided that the Department may request the Court to withhold identifying information in the dispositional report from the child's parent, guardian or legal custodian if there are reasonable grounds to believe that disclosure would result in imminent danger to the child or anyone else - was eliminated from the Children’s Code because it was duplicative of section 708.12-4 – a new, more general, addition to the Code – which provides that in all proceedings under this law, the Department may withhold the placement provider’s identifying information from the child’s parent, guardian, or legal custodian if there are reasonable grounds to believe that disclosure would result in imminent danger to the child or anyone else. Section 708.12-4 then allows a parent, guardian, or legal custodian may request judicial review of the decision to withhold the identifying information. L. Copy of the Dispositional Order to the Child. The proposed amendments to the Children’s Code remove the requirement to provide a copy of the dispositional order to the child is the child is age twelve (12) or older.  Effect. After much discussion between the Indian Child Welfare Department, Oneida Law Office, and Oneida Family Court it was determined that it may not be appropriate to provide a child age twelve (12) or older a copy of the dispositional order due to the nature of the information that may be included in the dispositional order and therefore this provision of the Children’s Code should be removed. M. Capacity of the Child to Express their Wishes. The Children’s Code provides that in making a decision about the appropriate disposition, the Court shall consider any report submitted by the Department and shall consider, but not be limited to, whether the person would be a suitable guardian of the child, the willingness and ability of the person to serve as the child's guardian for an extended period of time or Page 11 of 17 25 of 193 Analysis to Draft 3 for OBC Consideration 2022 09 14 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 until the child reaches the age of eighteen (18) years, and the wishes of the child. The proposed amendments to the Children’s Code clarify that the wishes of the child should only be considered when the child has the capacity to express their wishes. This same revision occurs in section 708.39-3 of the Children’s Code.  Effect. The proposed amendments provide clarification that the wishes of the child should be taken into consideration by the Court when the child has the capacity to express their wishes. N. Suspension of Parental Rights. The proposed amendments to the Children’s Code now allow for the suspension of parental rights in addition to the termination of parental rights. The suspension of parental rights is the permanent suspension of the rights of biological parents to provide for the care, custody, and control of their child. [7 O.C. 708.32-3]. It is the philosophy of the Nation that children deserve a sense of permanency and belonging throughout their lives and at the same time they deserve to have knowledge about their unique cultural heritage including their tribal customs, history, language, religion, and values. [7 O.C. 708.32-1]. Much like the termination of parental rights, the suspension of parental rights should only be used as a last resort when all efforts have failed to avoid suspension or termination and it is in the best interests of the child concerned to proceed with the suspension or termination of parental rights. [7 O.C. 708.32-2]. The suspension of parental rights can occur on a voluntary or involuntary basis. [7 O.C. 708.32-5]. An order suspending or terminating parental rights permanently severs all legal rights and duties between the parent whose parental rights are suspended or terminated and the child. [7 O.C. 708.32-6]. The suspension or termination of parental rights shall not adversely affect the child’s rights and privileges as a member of the Nation, nor as a member of any tribe to which the child is entitled to membership, nor shall it affect the child’s enrollment status with the Nation, nor shall it interfere with the child’s cultural level and traditional and spiritual growth as a member of the Nation. [7 O.C. 708.32-6]. The suspension of parental rights is handled the same way as the termination of parental rights in regard to the process for the voluntary suspension or termination [7 O.C. 708.33], grounds for involuntary suspension or termination [7 O.C. 708.34], the petition for the suspension or termination [7 O.C. 708.35], the initial hearing on the suspension or termination [7 O.C. 708.36], the fact-finding hearing for the suspension or termination [7 O.C. 708.37], the Department’s suspension or termination of parental rights report [7 O.C. 708.38], standards and factors to be utilized by the Court when making a decision [7 O.C. 708.39], and the dispositional hearing for the suspension or termination of parental rights [7 O.C. 708.40].  Effect. The proposed amendments to the Children’s Code add in provision regarding the suspension of parental rights, in addition to the termination of parental rights that was already included in the Children’s Code. This provides one more option for finding the best solution to a child welfare matter to best meet the needs of the child. O. Continuing Need of Protection or Services as a Ground for Involuntary Suspension or Termination of Parental Rights. The Children’s Code provides various grounds for suspension or termination of parental rights. [7 O.C. 708.34-1]. Specifically, the Children’s Code provides what needs to be proved to demonstrate that the child is in continuing need of protection or services – which is a ground for the suspension or termination of parental rights. [7 O.C. 708.34-1(c)]. The proposed amendments to the Children’s Code provides that it must be provided that the child has been outside the home for a cumulative total period of six (6) months or longer pursuant to such orders; and that the parent has failed to meet the conditions established for the safe return of the child to the home and, if the child has been placed outside the home for less than fifteen (15) of the most recent twenty-two (22) months, that there is a substantial likelihood that the parent will not meet these conditions as of the date on which Page 12 of 17 26 of 193 Analysis to Draft 3 for OBC Consideration 2022 09 14 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 the child will have been placed outside the home for fifteen (15) of the most recent twenty-two (22) months, not including any period during which the child was a runaway from the out-of-home placement or was residing in a trial reunification home. [7 O.C. 708.34-1(c)(3)]. Previously the Children’s required that it be proved that the child has been outside the home for a cumulative total period of six (6) months or longer pursuant to such orders; and that the parent has failed to meet the conditions established for the safe return of the child to the home and there is a substantial likelihood that the parent will not meet these conditions within the nine (9) month period following the termination of parental rights fact-finding hearing.  Effect. This proposed revision to the Children’s Code was made to be consistent with recent revisions to Wis. Stat. §48.415(2). Although the Nation is under no obligation to amend its laws to be consistent with laws of the State, concern was expressed that it may be beneficial to ensure the Nation’s grounds for suspension or termination of parental rights are consistent with the State’s grounds so that if a case transfers after being filed in State court, we are not in a position where we have to dismiss the petition if the grounds pled in State court are different from the grounds found in the Children’s Code, causing the Department to have to refile, assuming they have a factual basis to do so. P. Order of Disposition for the Suspension or Termination of Parental Rights. The Children’s Code provides that if the disposition of the Court is for the suspension or termination of parental rights, the order shall be in writing, and the Children’s Code then provides the information that is required to be included in that order.[7 O.C. 708.40-4(b)]. The proposed amendments to the Children’s Code now provide what the order for the disposition for the suspension or termination of parental rights may, but is not required, to include. [7 O.C. 708.40-4(c)]. If the disposition is for the suspension or termination of parental rights, the order may contain a termination of the right of the parent to have contact with the minor child including contact in person, by mail, by telephone, or through third parties; an order restraining a parent from contacting the minor child, the child’s foster parent, the child’s adoptive parent and/or the social services agency or agencies possessing information regarding the child; an order that the biological parents’ obligation to pay child support, except for arrearages, is hereby terminated; and an order that any prior court order for custody, visitation, or contact, with the minor child is hereby terminated. [7 O.C. 708.40-4(c)(1)-(4)]. The proposed amendments now also require that the Court provide a copy of the order suspending or terminating parental rights to the child's parent, guardian, and legal custodian; the other parties to the action; and the current or future foster parents for the purpose of pursuing adoption.  Effect. The purpose of this proposed amendment to the Children’s Code is to provide greater clarification as to what information may be included in the Court’s order for the disposition for the suspension or termination of parental rights but is not required to be included. Additionally, requiring that the Court provide a copy of the order suspending or terminating parental rights to the child's parent, guardian, and legal custodian; the other parties to the action; and the current or future foster parents for the purpose of pursuing adoption ensures that foster parents or relative placement providers – particularly those no licensed by Nation – have as method to obtain a copy of the suspension or termination of parental rights order order that they will need to attach to the petition for adoption, since they may not have access to the Department’s records otherwise. Q. Form of Adoption. The proposed amendments to the Children’s Code provide clarification on adoption now that suspension of parental rights is available. The amendments provide that an adoption under this law shall take the form of customary adoption when the Court has granted a petition to suspend Page 13 of 17 27 of 193 Analysis to Draft 3 for OBC Consideration 2022 09 14 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 parental rights. [7 O.C. 708.41-1]. When the Court grants a petition to terminate parental rights, the adoption shall be closed. Id. Previously, the Law provided that adoptions shall take the form of customary adoptions unless the Court determines there is good cause for the adoption to be closed.  Effect. Previously, the Children’s Code only provided for the termination of parental rights. Now that the suspension of parental rights is also allowed under the Children’s Code, this proposed amendment provides guidance on what form of adoption should be sought and utilized based on whether a suspension or termination of parental rights occur. The Department sought amendments to the Children’s Code so that customary adoptions would occur when a suspension of parental rights occurs, rather than a termination of parental rights. The Department sought this amendment because in order to qualify for Adoption Assistance with the State, for a customary adoption, it had to be a suspension of parental rights that occurred and not a termination of parental rights. The Department wanted to ensure that adopting families under the Children’s Code had access to support and financial assistance under the State. R. Adoption Investigations. The Children’s Code provides that when a petition for adoption is filed, the Court shall order an investigation to determine whether the child is a proper subject for adoption and whether the petitioner's home is suitable for the child. [7 O.C. 708.43-3]. The Court shall order one of the following to conduct the investigation: if the Department, or another agency or department, has guardianship of the child, the agency or department that has guardianship; or if no agency or department has guardianship of the child and a relative, including a stepparent, has filed the petition for adoption, the Department. [7 O.C. 708.43-3(a)(1)-(2)]. The proposed amendment to the Law clarifies that if the Court orders the Department to conduct the investigation, the Department may contract with a thirdparty agency to conduct the investigation. [7 O.C. 708.43-3(b)].  Effect. The proposed amendment to the Children’s Code allows the Department to contract with a third-party agency to conduct an adoption investigation that may have been ordered by the Court. This provides greater flexibility to the Department in balancing their resources and time when ordered to conduct an investigation. S. Other Revisions. Other minor drafting revisions are made throughout the Children’s Code 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 SECTION 6. EXISTING LEGISLATION A. Related Legislation. The following laws of the Nation are related to the Children’s Code:  Paternity Law. The purpose of the Paternity law is to establish paternity of Oneida children and other Indian children in order to protect the best interest of these children regarding such matters as enrollment, customs and traditions of the Tribe, survivorship and inheritance, health, support, and social security benefits. [7 O.C. 703.1-1]. It is the policy of this law to legally establish paternity in order to recognize and identify the father of Oneida children and other Indian children, when necessary. [7 O.C. 703.1-2].  The Children’s Code provides that if an alleged father appears at a hearing under this law, the Court may order the Department to refer the matter to the Oneida Nation Child Support Agency to adjudicate paternity. [7 O.C. 708.13-3]. If the Court enters such an order, then the Department may sign documents required by the Oneida Nation Child Support Agency on behalf of the family for the limited purpose of initiating a paternity action. Id. While paternity is being established, the Court shall enter an order finding good cause to suspend the time limits established under this law. Id. Page 14 of 17 28 of 193 Analysis to Draft 3 for OBC Consideration 2022 09 14 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 The process for adjudicating paternity is then provided by the Paternity law. [7 O.C. 703.1-6]. Oneida Judiciary Rules of Civil Procedure. The Oneida Judiciary Rules of Civil Procedure governs all civil actions that fall under the jurisdiction of the Nation to ensure that there is a consistent set of rules governing the process for civil claims, in order to ensure equal and fair treatment to all persons who come before the Tribal Courts to have their disputes resolved. [8 O.C. 803.1-1, 803.1-2].  The Children’s Code provides that service of documents and notices shall be as specified in this law. If a method of service is not specified in this law, then service shall be by first-class mail to the recently verified last-known address of the party. If a party’s whereabouts are unknown and cannot be found after diligent effort, service shall be by publication as described in the Oneida Judiciary Rules of Civil Procedure. [7 O.C. 708.12-1].  The Oneida Judiciary Rules of Civil Procedure provides that when the other party’s whereabouts are unknown and cannot be found after diligent effort, service may be completed by publication. The publication shall be in the Tribal newspaper or in a newspaper of general circulation in the area of the party’s last known address and shall be designated as “Legal Notice.” This notice shall be published at least two (2) times within a thirty (30) day period. The two (2) notices shall be published at least ten (10) days before the hearing. Copies of the two (2) published notices and an affidavit of service stating the facts surrounding the failure of personal and mail service shall be filed with the Court as proof of service. The Court may, on its own, order different time limits for service by publication. [8 O.C. 803.5-6(c)].  The Children’s Code provides that when the Department is required to perform personal service, the Indian Child Welfare Worker may deliver the document(s) directly to the party(s) if such service is appropriate and safe under the circumstances. In the alternative, personal service may be accomplished according to the Oneida Judiciary Rules of Civil Procedure. [7 O.C. 708.12-3].  The Oneida Judiciary Rules of Civil Procedure provides that personal service shall consist of delivering to the party a copy of the paper being served by a law enforcement officer or other person, who is not a party to the action and who is at least eighteen (18) years of age. An affidavit of service shall be filed with the Court as proof of service. Personal service shall be completed by hand delivering the required papers to any of the following: The party named in the action or proceeding; An individual residing at the party’s home or usual place of abode, so long as the person signing for delivery is at least eighteen (18) years of age; An officer, manager, agent, or partner of a non-individual party; or an attorney or advocate of the party, if represented. [8 O.C. 803.5-6(a)].  The Children’s Code provides that in addition to the discovery procedures permitted under this law, the discovery procedures permitted under the Oneida Judiciary Rules of Civil Procedure shall apply in all proceedings under this law. [7 O.C. 708.14-5].  The Oneida Judiciary Rules of Civil Procedure provides procedures for discovery including the scope, required disclosures, limitations, time for   Page 15 of 17 29 of 193 Analysis to Draft 3 for OBC Consideration 2022 09 14 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631  required disclosures, required pretrial disclosures, protective orders, supplementing disclosures and responses, signatures required and the effect of signatures, failure to disclose and information produced. [8 O.C. 803.14].  The Children’s Code provides that the fact-finding hearing for a child in need of protection or services shall be conducted according to the Oneida Judiciary Rules of Civil Procedure except that the Court may exclude the child from the hearing. [7 O.C. 708.20-2].  The Oneida Judiciary Rules of Civil Procedure provides general hearing procedures. [8 O.C. 803.38].  The Children’s Code provides that after receiving any evidence relating to the disposition for guardianship, the Court shall enter a disposition and issue a written decision consistent with the Oneida Judiciary Rules of Civil Procedure.[7 O.C. 708.2911].  The Oneida Judiciary Rules of Civil Procedure provides procedure for entering and enforcing a judgment of the Court. [8 O.C. 803.31].  The Children’s Code provides that the fact-finding hearing for the suspension or termination of parental rights shall be conducted according to the Oneida Judiciary Rules of Civil Procedure except that the Court may exclude the child from the hearing. [7 O.C. 708.37-2].  The Oneida Judiciary Rules of Civil Procedure provides general hearing procedures. [8 O.C. 803.38].  The Children’s Code provides that after receiving any evidence relating to the disposition for the suspension or termination of parental rights, the Court shall enter a disposition and issue a written decision consistent with the Oneida Judiciary Rules of Civil Procedure.[7 O.C. 708.40-1].  The Oneida Judiciary Rules of Civil Procedure provides procedure for entering and enforcing a judgment of the Court. [8 O.C. 803.31]. Family Court Law. The purpose of the Family Court law is to establish a Family Court, and to provide for the administration of law, justice, judicial procedures and practices by the Oneida Tribe as a sovereign nation by exercising the inherent power to make, execute, apply, and enforce its own law, and to apply its own customs and traditions in matters affecting the Oneida people as it pertains to the family and/or to our children.  The Children’s Code provides that the Court has personal jurisdiction over an Oneida Child, and over a non-Oneida child in certain circumstances. [7 O.C. 708.5-1]. Additionally, the Children’s Code provides that the Court has jurisdiction over a child alleged to be in need of protection or services if personal jurisdiction has been established and the child meets certain requirements. [7 O.C. 708.5-2]. Court is defined in the Children’s Code as the Oneida Nation Family Court, which is the branch of the Oneida Nation Judiciary that has the designated responsibility to oversee family matters. [7 O.C. 708.3-1(j)].  The Family Court law provides that there is a Family Court, which shall administer the judicial authorities and responsibilities of the Tribe over all matters pertaining to the family, children, and elders, except for probate matters. [8 O.C. 806.4-1]. The Family Court shall have subject matter Page 16 of 17 30 of 193 Analysis to Draft 3 for OBC Consideration 2022 09 14 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659   jurisdiction over cases and controversies arising under the following: Tribal laws which specifically authorize the Court to exercise jurisdiction, and the Constitution. [8 O.C. 806.5-2]. The Family Court law then describes when the Family Court has personal jurisdiction of an individual including Indians and non-Indians. [8 O.C. 806.5-3]. Oneida Judiciary Rules of Evidence. The Oneida Judiciary Rules of Evidence establishes rules of evidence to apply in proceedings held in the Trial court and Family Court of the Oneida Judiciary administer Court proceedings fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, by obtaining the truth and securing a just determination. [8 O.C. 804.1-1, 804.1-2].  The Children’s Code provides that the Oneida Judiciary Rules of Evidence are not binding at emergency custody hearings, dispositional hearings, or a hearing about changes in placement, revision of dispositional orders, extension of dispositional orders, or termination of guardianship orders. At those hearings, the Court shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant, or unduly repetitious testimony. Hearsay evidence may be admitted if it has demonstrable circumstantial guarantees of trustworthiness. The Court shall give effect to the rules of privilege recognized by laws of the Nation. The Court shall apply the basic principles of relevancy, materiality, and probative value to proof of all questions of fact. [7 O.C. 708.13-2]. Child Support Law. The purpose of the Child Support law is to establish the legal responsibility of parents to provide financially for their children’s general well-being; make support payments more equitable by ensuring consistent treatment of persons in similar circumstances; make support payments based on the real earning capability of parents; and improve the efficiency of child support establishment and enforcement. [7 O.C. 704.1-1].  The Children’s Code provides that at any time, the Court or the Department may refer the matter to the Nation’s Child Support Agency. [7 O.C. 708.13-4]. 660 SECTION 7. OTHER CONSIDERATIONS 661 A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all 662 legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC663 10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures 664 Act,” provides further clarification on who the Legislative Operating Committee may direct complete 665 a fiscal impact statement at various stages of the legislative process, as well as timeframes for 666 completing the fiscal impact statement. 667  Conclusion. The Legislative Operating Committee received a fiscal impact statement for the 668 proposed amendments to the Children’s Code from the Finance Department on August 12, 2022. 669 Page 17 of 17 31 of 193 Draft 3 (Redline to Current) for OBC Consideration 2022 09 14 Title 7. Children, Elders and Family - Chapter 708 CHILDREN’S CODE Latiksa>sh&ha Laotilihw@=ke the children – their issues CHILDREN’S CODE 708.1. 708.2. 708.3. 708.4. 708.5. 708.6. 708.7. 708.8. 708.9. 708.10. 708.11. 708.12. 708.13. 708.14. 708.15. 708.16. 708.17. 708.18. 708.19. 708.20. 708.21. 708.22. 708.23. 708.24. 708.25. Purpose and Policy Adoption, Amendment, Repeal Definitions Scope Jurisdiction Nation’s Child Welfare Attorney Indian Child Welfare Department Duties and Responsibilities Guardian ad litem Advocate Cultural Wellness Facilitator and Healer Order of Placement Preferences Notice of Petition Hearings (General) Discovery and Records Taking a Child into Custody Emergency Custody Hearing Petition for a Child in Need of Protection or Services Consent Decree Plea Hearing for a Child in Need of Protection or Services Fact-finding Hearing for a Child in Need of Protection or Services Department’s Disposition Report for a Child in Need of Protection or Services Dispositional Hearing for a Child in Need of Protection or Services Permanency Plans Change in Placement Trial Reunification 708.26. 708.27. 708.28. 708.29. Revision of Dispositional Orders Extension of Dispositional Orders Continuation of Dispositional Orders Guardianship for Certain Children in Need of Protection or Services 708.30. Revisions of Guardianship Order 708.31. Termination of Guardianship 708.32. Suspension or Termination of Parental Rights 708.33. Voluntary Suspension or Termination of Parental Rights 708.34. Grounds for Involuntary Suspension or Termination of Parental Rights 708.35. Petition for Suspension or Termination of Parental Rights 708.36. Initial Hearing on the Suspension or Termination of Parental Rights Petition 708.37. Fact Finding Hearing for a Suspension or Termination of Parental Rights 708.38. Department’s Suspension or Termination of Parental Rights Report 708.39. Standards and Factors 708.40. Dispositional Hearings for Suspension or Termination of Parental Rights 708.41. Adoption 708.42. Adoption Criteria and Eligibility 708.43. Adoption Procedure 708.44. Non-Compliance with a Residual Rights Agreement 708.45. Peacemaking and Mediation 708.46. Appeals 708.47. Liability 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 708.1. Purpose and Policy 708.1-1. Purpose. The purpose of this law is to provide for the welfare, care, and protection of Oneida children through the preservation of the family unit, while recognizing that in some circumstances it may be in the child’s best interest to not be reunited with his or her family. Furthermore, this law strengthens family life by assisting parents in fulfilling their responsibilities as well as facilitating the return of Oneida children to the jurisdiction of the Nation and acknowledging the customs and traditions of the Nation when raising an Oneida child. 708.1-2. Policy. It is the policy of the Nation to ensure there is a standard process for conducting judicial proceedings and other procedures in which children and all other interested parties are provided fair hearings in addition to ensuring their legal rights are recognized and enforced, while protecting the public safety. 708.2. Adoption, Amendment, Repeal 708.2-1. This law was adopted by the Oneida Business Committee by resolution BC-07-26-17-J., and amended by resolution BC-__-__-__-__. 7 O.C. 708 – Page 1 32 of 193 Draft 3 (Redline to Current) for OBC Consideration 2022 09 14 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 708.2-2. This law may be amended or repealed by the Oneida Business Committee and/or Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 708.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 708.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. Provided that, this law repeals the following: (a) Resolution # BC-09-25-81 Oneida Child Protective Board Ordinance; (b) Resolution # BC-10-07-81-A Appointing Members to the Oneida Child Protective Board; (c) Resolution # BC-05-24-84-C Definition of Extended Family Member; (d) Resolution # BC-01-14-15-A Amendment of Oneida Child Protective Board Ordinance; (e) Resolution # BC-05-13-15 Indian Child Welfare Act Policy; and (f) Resolution # BC-12 -10-03-A Oneida Child Protective Boards Stipends. 708.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 708.3. Definitions 708.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Abuse” means any of the following: (1) Physical injury inflicted on a child by other than accidental means; (2) Sexual assault; (3) Sexual exploitation of a child; (4) Prostitution or trafficking of a child; (5) Causing a child to view or listen to sexual activity or sexually explicit materials; (6) Exposing a child to the manufacture, sale, or use of controlled substances; and/or (7) Emotional damage for which the child’s parent, guardian, or legal custodian has neglected, refused, or been unable for reasons other than poverty to obtain the necessary treatment or take steps to address the issue. (b) “Advocate” means a person who is a non-attorney presented to the Court as the representative or advisor to a party. (c) “Alcohol and other drug abuse impairment” means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcoholic beverages or controlled substances to the extent that the person’s health is substantially affected or endangered or the person’s social or economic functioning is substantially disrupted. (d) “Attorney” means a person trained and licensed to represent another person in Court, to prepare documents and to give advice or counsel on matters of law. (e) “Best interest of the child” means the interest of a child to: (1) Have a full, meaningful, and loving relationship with both parents and family as much as possible; (2) Be free from physical, sexual and emotional abuse; (3) Be raised in conditions that foster and encourage the happiness, security, safety, welfare, physical and mental health, and emotional development of the child; (4) Receive appropriate medical care; 7 O.C. 708 – Page 2 33 of 193 Draft 3 (Redline to Current) for OBC Consideration 2022 09 14 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 (5) Receive appropriate education; (6) Be raised in conditions which maximize the chances of the child becoming a contributing member of society; and (7) Be raised in an environment that is respectful of the child’s race(s), culture(s), and heritage(s). (f) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding holidays recognized by the Nation. (g) “Child” means a person who is less than eighteen (18) years of age. (h) “Clear and convincing evidence” means that a particular fact is substantially more likely than not to be true. (i) “Counsel” means an attorney or advocate presented to the Court as the representative or advisor to a party. (j) “Court” means the Oneida Nation Family Court, which is the branch of the Oneida Nation Judiciary that has the designated responsibility to oversee family matters. (k) “Court of competent jurisdiction” means a state or tribal court that has jurisdiction and authority to do a certain act or hear a certain dispute. (l) “Department” means the Oneida Nation Indian Child Welfare Department. (m) “Disposition” means the Court’s final ruling or decision on a case or legal issue. (n) “Dispositional hearing” means a hearing for the Court to make its final determination of a case or issue. (o) “Emotional damage” means harm to a child’s psychological or intellectual functioning evidenced by one (1) or more of the following characteristics exhibited to a severe degree: (1) anxiety; (2) depression; (3) withdrawal; (4) outward aggressive behavior; and/or (5) a substantial and observable change in behavior, emotional response, or cognition that is not within the normal range for the child’s age and stage of development. (p) “Expert” means a person with special training, experience, or expertise in a field beyond the knowledge of an ordinary person. (q) “Extended family” means a person who has reached the age of eighteen (18) and who is the child’s grandparent, aunt, uncle, brother, sister, brother-in-law, sister-in-law, niece, nephew, first, second, third or fourth cousin, or stepparent. (r) “Fact-finding hearing" means a hearing for the Court to determine if the allegations in a petition under this law are proved by clear and convincing evidence. (s) “Fictive kin” means any person or persons who, to the biological parents of the child at issue, have an emotional tie to that parent wherein they are like family. (t) “Foster home” means any home which is licensed by the Department and/or applicable licensing agency and maintained by any individual(s) suitable for placement of children when taken into custody or pending court matters. (u) “Good cause” means adequate or substantial grounds or reason to take a certain action, or to fail to take an action. 7 O.C. 708 – Page 3 34 of 193 Draft 3 (Redline to Current) for OBC Consideration 2022 09 14 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 (v) “Group home” means any facility operated by a person required to be licensed by the Department and/or applicable licensing agency for the care and maintenance of five (5) to eight (8) children. (w) “Guardian” means any person, agency or department appointed by the Court to care for and manage the child in a particular case before the Court. A guardian has the right to make major decisions affecting a child including education, religious and cultural upbringing, the right to consent to marriage, to enlistment in the armed forces, to major surgery and medical treatment and to adoption, or make recommendations as to adoption. (x) “Guardian ad litem” means a person appointed by the Court to appear at any peacemaking, mediation, or hearing and tasked with representing the best interest of the person appointed for. (y) “Holiday” means any holiday recognized by the Nation as identified in the Nation’s laws, rules and policies governing employment. (z) “Imminent danger” means a risk of harm or injury that will occur immediately. (z)(aa) “Indian Child Welfare Worker” means a person employed by the Nation in the Indian Child Welfare Department tasked with the responsibility to carry out the duties, objectives and provisions of this law as codified at 25 USC 1901. (bb) “Informal disposition” means a written agreement with all the parties describing the conditions and obligations that must be met to ensure the child is protected and to alleviate the condition that led to the referral to the Department. An informal disposition is utilized by the Department when the Department determines that the interest of the child does not require a formal Court intervention to provide protection and services to the child. (aa)(cc) “Legal custodian” means any person other than a parent or guardian to whom legal custody of a child has been granted by court order and has the rights and responsibilities for the following: (1) To have physical custody of the child as determined by the Court, if physical custody is not with the person having legal custody; (2) To protect, educate and discipline the child so long as it is in the child’s best interest; and (3) To provide the child with adequate food, shelter, education, ordinary medical care and other basic needs, according to court order. In an emergency situation, a custodian shall have the authority to consent to surgery as well as any other emergency medical care needs. (bb)(dd) “Mediation” means a method of dispute resolution that involves a neutral third party who tries to help disputing parties reach an agreement. (cc)(ee) “Nation” means the Oneida Nation. (dd)(ff)“Neglect” means failure, refusal, or inability on the part of a caregiver, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care, or shelter so as to seriously endanger the physical health of the child. (ee)(gg) “Parent” means the biological or adoptive parent of a child. (hh) “Parties” means the parent(s), guardian(s), and legal custodian(s) of the child who is the subject of the proceedings; the Department, in cases where they are the petitioner; a guardian ad litem, if one has been appointed by the Court; and anyone else permitted to file a petition under this law. 7 O.C. 708 – Page 4 35 of 193 Draft 3 (Redline to Current) for OBC Consideration 2022 09 14 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 (ff)(ii) “Peacemaking” means a method of dispute resolution that is based on traditional methods of resolving disputes and addresses the needs of rebuilding relationships between people. (gg)(jj) “Permanency Plan” means a plan designed to ensure that a child is reunified with his or her family whenever appropriate, or that the child quickly attains a placement or home providing long-term stability. (hh)(kk) “Physical injury” includes, but is not limited to, any of the following: (1) lacerations; (2) fractured bones; (3) burns; (4) internal injuries; (5) severe or frequent bruising; (6) bodily injury which creates a substantial risk of death; (7) bodily injury which causes serious permanent disfigurement; (8) bodily injury which causes a permanent or protracted loss or impairment of the function of any bodily member or organ; or (9) any other serious bodily injury. (ii)(ll) “Plea hearing” means a hearing to determine whether any party wishes to contest a petition filed under this law. (jj)(mm) “Probable cause” means there are sufficient facts and circumstances that would lead a reasonable person to believe that something is true. (nn) “Protective plan” means an immediate short-term action that protects a child from present danger threats in order to allow for completion of the initial assessment, investigation and, if needed, the implementation of a safety plan. (kk)(oo) “Reasonable effort” means an earnest and conscientious effort to take good faith steps to provide the services ordered by the Court which takes into consideration the characteristics of the parent or child, the level of cooperation of the parent and other relevant circumstances of the case. (ll)(pp) “Relative” means any person connected with a child by blood, marriage or adoption. (mm)(qq) “Reservation” means all the land within the exterior boundaries of the Reservation of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and any lands added thereto pursuant to federal law. (nn)(rr) “Shelter care facility” means a non-secure place of temporary care and physical custody for children, licensed by the Department and/or applicable licensing agency. (oo)(ss) “Social history” means the social, economic, cultural and familial aspects of a person and how those aspects affect the person’s functioning and situation in life. (pp)(tt) “Special treatment or care” means professional services which need to be provided to a child or family to protect the well-being of the child, prevent out-of-home placement, or meet the needs of the child. (qq)(uu) “Stepparent” means the spouse or ex-spouse of a child’s parent who is not a biological parent of the child. (rr)(vv)“Stipulation” means a formal legal acknowledgement and agreement made between opposing parties prior to a pending hearing or trial. (ss)(ww) “Substantial parental relationship" means the acceptance and exercise of significant responsibility for the daily supervision, education, protection and care of a child. 7 O.C. 708 – Page 5 36 of 193 Draft 3 (Redline to Current) for OBC Consideration 2022 09 14 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 (tt) “Termination of parental rights" means that, pursuant to a court order, all rights, powers, privileges, immunities, duties and obligations existing between parent and child are permanently severed. (uu)(xx) “Treatment“Service plan” means a plan or set of conditions ordered by the Court identifying concerns and behaviors of a parent, guardian or legal custodian that resulted in a child to be in need of protection or services, and the treatment services, goals and objectives to address and remedy the concerns and behaviors of the parent, guardian or legal custodian. (vv)(yy) “Warrant” means an order issued by a court commanding a law enforcement officer to perform some act incident to the administration of justice. 708.4. Scope 708.4-1. This law shall apply to all child welfare cases and legal proceedings in which the Nation has jurisdiction. Nothing in this law is meant to restrict or limit another court of competent jurisdiction from hearing a matter involving an Indian child. 708.5. Jurisdiction 708.5-1. Personal Jurisdiction. The Court shall have personal jurisdiction over the following individuals: (a) Jurisdiction over an Oneida Child. The Court shall have personal jurisdiction over any child who is present or resides within the boundaries of Brown and Outagamie County and is enrolled or eligible for enrollment in the Nation. (b) Jurisdiction over a Non-Oneida Child. The Court shall have personal jurisdiction over any child not enrolled or eligible for enrollment in the Nation who is present or resides within the boundaries of the Reservation and is a sibling of a child that is enrolled or eligible for enrollment in the Nation if the child’s parent(s), guardian or legal custodian consents to the jurisdiction of the Court. Consent to the jurisdiction of the Court can be given by any of the following: (1) The parent(s), guardian or legal custodian knowingly and voluntarily provides the Court with written consent to the jurisdiction of the Court; or (2) The Court establishes on the record that the parent(s), guardian or legal custodian knowingly and voluntarily provides the Court with verbal consent to the jurisdiction of the Court. 708.5-2. Jurisdiction over Children Alleged to be in Need of Protection or Services. The Court shall have jurisdiction over a child alleged to be in need of protection or services if personal jurisdiction has been established and the child: (a) is without a parent or guardian; (b) has been abandoned; (c) has a parent that relinquished custody of the child pursuant to the Nation’s laws or state law and has no other parent available to provide necessary care; (d) has been the victim of abuse, including injury that is self-inflicted or inflicted by another; (e) is at substantial risk of becoming the victim of abuse, including injury that is selfinflicted or inflicted by another, based on reliable and credible information that another child in the home has been the victim of such abuse; 7 O.C. 708 – Page 6 37 of 193 Draft 3 (Redline to Current) for OBC Consideration 2022 09 14 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 (f) has a parent or, guardian, or legal custodian who signs the petition requesting jurisdiction under this subsection and is unable or needs assistance to care for or provide necessary special treatment or care for the child, and the child has no other parent available to provide necessary care; (g) has a guardian or legal custodian who is unable or needs assistance to care for or provide necessary special treatment or care for the child, but is unwilling or unable to sign the petition requesting jurisdiction under this subsection; (h) has been placed for care or adoption in violation of the Nation’s laws or state law; (i) is receiving inadequate care during the period of time a parent is missing, incarcerated, hospitalized or institutionalized; (j) is at least twelve (12) years of age, signs the petition requesting jurisdiction under this subsection and is in need of special treatment or care which the parent, guardian or legal custodian is unwilling, neglecting, unable or needs assistance to provide; (k) has a parent, guardian or legal custodian who neglects, refuses or is unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child; (l) has a parent, guardian or legal custodian who is at substantial risk of neglecting, refusing or being unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to endanger seriously the physical health of the child, based on reliable and credible information that the child's parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to endanger seriously the physical health of another child in the home; (m) is suffering emotional damage for which the parent, guardian or legal custodian has neglected, refused or been unable and is neglecting, refusing or unable, for reasons other than poverty, to obtain necessary treatment or to take necessary steps to improve the symptoms; (n) is suffering from an alcohol and other drug abuse impairment, exhibited to a severe degree, for which the parent, guardian or legal custodian is neglecting, refusing or unable to provide treatment; or (o) is non-compliant with the Nation’s or State’s immunization laws. 708.5-3. Jurisdiction over other Matters Relating to Children. If jurisdiction has been established under section 708.5-1 and section 708.5-2all requirements of this law have been met the Court may: (a) terminate or suspend parental rights to a child; (b) appoint, revise, and/or remove a guardian; and (c) hold adoption proceedings. 708.5-4. Transfer of Cases from other Courts. If personal jurisdiction has been established the Court has jurisdiction over any action transferred to the Court from any court of competent jurisdiction. (a) While a case is being transferred to the Court from another court, any time limits established by this law shall be tolled until the next hearing on the matter before the Court. 708.5-5. Transfer of Cases to other Courts. The Court may t [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%3Aoneida_nation%3A129958737911aabb. Public record. Not legal advice.