Phone: (920)869-2214 (2017)

Tribal code

Ask Donna

What actually matters in this document.

Text

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Meeting Materials January 26, 2017

Open Session – FY ’17 1st Quarter Reports

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that

the following 180 pages are the Open Session meeting materials presented at a meeting

duly called, noticed and held on the 26th day of January, 2017.

____________________________

Lisa Summers, Tribal Secretary

Oneida Business Committee

Page 1 of 178

Oneida Business Committee

FY ’17 1st Quarter Reports

8:00 a.m. Thursday, January 26, 2017

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/

I. CALL TO ORDER AND ROLL CALL

II. OPENING

III. ADOPT THE AGENDA

pp. 1-4

IV. REPORTS

A. APPOINTED BOARDS, COMMITTEES, COMMISSIONS

1. Accept Oneida Nation Arts Board FY ’17 1st quarter report

pp. 5-7

(8:00 a.m.-8:15 a.m.)

Chair:

Tamara VanSchyndel

Liaison:

Jennifer Webster, Councilwoman

2. Accept Anna John Residential Centered Care Community Board FY ’17 1st quarter

pp. 8-11

3. Accept Oneida Child Protective Board FY ’17 1st quarter report

pp. 12-31

report (8:15 a.m.-8:30 a.m.)

Chair:

Candace House

Liaison:

Melinda J. Danforth, Tribal Vice-Chairwoman

(8:30 a.m.-8:45 a.m.)

Chair:

Dale Powless

Liaison:

Lisa Summers, Tribal Secretary

4. Accept Oneida Environmental Resources Board FY ’17 1st quarter report

pp. 32-36

(8:45 a.m.-9:00 a.m.)

Chair:

Marlene Garvey

Liaison:

Tehassi Hill, Councilman

5. Accept Oneida Community Library Board FY ’17 1st quarter report

(9:00 a.m.-9:15 a.m.)

Vice-Chair: Roxanne Anderson

Liaison:

Fawn Billie, Councilwoman

Oneida Business Committee FY ’17 1st Quarter Reports Agenda of January 26, 2017

Page 1 of 4

pp. 37-40

Page 2 of 178

6. Accept Oneida Personnel Commission FY ’17 1st quarter report

pp. 41-71

(9:15 a.m.-9:30 a.m.)

Chair:

Yvonne Jourdan

Liaison Alternate: David Jordan, Councilman

7. Accept Oneida Police Commission FY ’17 1st quarter report

pp. 72-77

(9:30 a.m.-9:45 a.m.)

Chair:

Bernie Stevens

Liaison:

Lisa Summers, Tribal Secretary

8. Accept Oneida Pow-wow Committee FY ’17 1st quarter report

pp. 78-82

(9:45 a.m.-10:00 a.m.)

Chair:

Tonya Webster

Liaison:

Fawn Billie, Councilwoman

9. Accept Southeastern Oneida Tribal Services Advisory Board FY ’17 1st quarter report

(Not Submitted)

Chair:

Daniel Schiller

Liaison: Tina Danforth, Tribal Chairwoman

(Break scheduled from 10:00 a.m.-10:15 a.m.)

10. Accept Oneida Nation Veterans Affairs Committee FY ’17 1st quarter report

pp. 83-86

(10:00 a.m.-10:15 a.m.)

Chair:

Mike Hill

Liaison:

Jennifer Webster, Councilwoman

B. ELECTED BOARDS, COMMITTEES, COMMISSIONS

1. Accept Oneida Nation Commission on Aging FY ’17 1st quarter report

pp. 87-93

(10:15 a.m.-10:30 a.m.)

Chair:

Patricia Lassila

Liaison:

Melinda J. Danforth, Tribal Vice-Chairwoman

2. Accept Oneida Gaming Commission FY ’17 1st quarter report

pp. 94-96

(10:30 a.m.-10:45 a.m.)

Chair:

Mark A. Powless Sr.

Liaison:

Brandon Stevens, Councilman

3. Accept Oneida Election Board FY ’17 1st quarter report

pp. 97-98

(10:45 a.m.-11:00 a.m.)

Chair:

Racquel Hill

Liaison:

Melinda J. Danforth, Tribal Vice-Chairwoman

4. Accept Oneida Land Claims Commission FY ’17 1st quarter report

pp. 99-101

(11:00 p.m.-11:15 p.m.)

Vice-Chair: Loretta Metoxen

Liaison:

Jennifer Webster, Councilwoman

5. Defer Oneida Land Commission FY ’17 1st quarter report

Chair:

Liaison:

Rae Skenandore

Tehassi Hill, Councilman

Oneida Business Committee FY ’17 1st Quarter Reports Agenda of January 26, 2017

Page 2 of 4

pp. 102-103

Page 3 of 178

6. Accept Oneida Nation School Board FY ’17 1st quarter report

pp. 104-122

(11:15 p.m.-11:30 p.m.)

Chair:

Debbie Danforth

Liaison:

Fawn Billie, Councilwoman

(Break scheduled from 11:30 a.m.-1:15 p.m.)

C. CORPORATE BOARDS

1. Accept Oneida Airport Hotel Corporation FY ’17 1st quarter report

pp. 123-127

(1:15 p.m.-1:30 p.m.)

Agent:

Janice Hirth-Skenandore

Liaison:

Trish King, Tribal Treasurer

2. Accept Oneida Golf Enterprise FY ’17 1st quarter report

pp. 128-131

(1:30 p.m.-1:45 p.m.)

Agent:

Janice Hirth-Skenandore

Liaison:

Trish King, Tribal Treasurer

3. Accept Bay Bancorporation, Inc. FY ’17 1st quarter report

pp. 132-136

(1:45 p.m.-2:00 p.m.)

President: Jeff Bowman

Liaison:

Tina Danforth, Tribal Chairwoman

4. Accept Oneida ESC Group, LLC. FY ’17 1st quarter report

pp. 137-143

(2:00 p.m.-2:15 p.m.)

Chair:

Jackie Zalim

Liaison:

Tehassi Hill, Councilman

5. Accept Oneida Total Integrated Enterprises, LLC. FY ’17 1st quarter report

pp. 144-163

(2:15 p.m.-2:30 p.m.)

Interim Chair: Jackie Zalim

Liaison:

Tehassi Hill, Councilman

6. Accept Oneida Seven Generations Corporation FY ’17 1st quarter report

pp. 164-166

(2:30 p.m.-2:45 p.m.)

Agent:

Pete King III

Liaison:

Tina Danforth, Tribal Chairwoman

D. STANDING COMMITTEES

1. Defer Community Development Planning Committee FY ’17 1st quarter report

pp. 167-168

2. Accept Legislative Operating Committee FY ’17 1st quarter report

pp. 169-171

Chair:

Melinda J. Danforth, Tribal Vice-Chairwoman

(3:00 p.m.-3:15 p.m.)

Chair:

Brandon Stevens, Councilman

3. Accept Quality of Life Committee FY ’17 1st quarter report

(3:30 p.m.-3:45 p.m.)

Chair:

Fawn Billie, Councilwoman

Oneida Business Committee FY ’17 1st Quarter Reports Agenda of January 26, 2017

Page 3 of 4

pp. 172-173

Page 4 of 178

4. Accept Finance Committee FY ’17 1st quarter report

pp. 174-178

(3:45 p.m.-4:00 p.m.)

Chair:

Trish King, Tribal Treasurer

V. ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 2:05 p.m., Friday, January 20, 2017, pursuant

to the Open Records and Open Meetings Law, section 7.17-1.

The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official

website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 2362214.

Oneida Business Committee FY ’17 1st Quarter Reports Agenda of January 26, 2017

Page 4 of 4

Page 5 of 178

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

01 / 26 / 17

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Reports

Accept as Information only

Action - please describe:

Accept Oneida Nation Arts Board FY '17 1st quarter report

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Jennifer Webster, Council Member

Primary Requestor/Submitter:

Beth Bashara, Director of the Arts Program

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Page 6 of 178

Oneida Nation Arts Board

Quarterly Report – 1 s t Quarter (Oct - Dec, 2016)

January 17, 2017

Oneida Nation Arts Board

Sylvia Cornelius (Exp. 2015)

Sapatis Menomin (Exp. 2017)

Tamara J Vanschyndel (Exp. 2017)

Dakota Webster (Exp. 2018)

Jackie Zalim (Exp. 2018)

Marena Bridges (Exp. 2019)

Report submitted by:

Tamara VanSchyndel, Chair (Exp. 2017)

Dawn Walschinski, Chair Elect (Exp. 2015)

Pat Moore, Secretary (Exp. 2015)

Board Purpose Statement:

To provide guidance to the ONAP and to perform the responsibilities granted to the Board under the

Dollars for Arts Program policy. Specific responsibilities include, but are not limited to the following: (a)

work with ONAP Director and staff in an advisory capacity on issues related to the arts in Oneida, and (b)

strive to provide guidance and recommendations in the development of the ONAP and arts programs

throughout the community, and (c) receive reports of the ONAP activities ONAP staff, and (d) evaluate

ONAP, (e) approve policies and programs for the overall coordination and administration of the ONAP.

Update from the Chair

As newly appointed chair of the Arts Program, I had the pleasure of joining the staff and BC Liaison,

Jenny Webster, at their holiday staff meeting and potluck. I asked the question, “What does the

Program need from the board?” In addition to some great feedback for further promoting and

continued improvement, the Arts Program staff demonstrated their passion for Native arts and this

community.

Meetings Held

October 6, 2016

December 14, 2016

Election of officers

Arts Program Staff and Board Pot Luck

Page 7 of 178

Oneida Nation Arts Program Update

Administrative Reports

Staff includes: Beth Bashara, Director

Christine Klimmek, Program Coordinator

Sherrole Benton, Program Coordinator

Programming Reports

Art Classes: Participants enjoyed learning about and making Raise Beaded Pin Cushions, Traditional

Iroquois Silver Brooches, and Hand Painted Cards. In the Hand Painted Card class, staff from the

Language House was available to teach holiday greetings in the cards. The water color class was so

successful that a second session was offered in January.

MOC: After a successful partnership with the Oneida Recreation Program, MOC again held singing

practice at the Civic Center in October. The kids presented at the Radisson, November 1 for the State

Transportation Conference. The kids continue to be requested for various performances.

Future Focus

Art Classes

Woven Sewing Basket

Painting Silk Scarves

Native Cedar Flute for Beginners

Intermediate Native Flute

Rip Dress Making

February 2, 9, 16, 23

February 13 and 20

February 7, 9, 14, and 16

March 7, 9, 14, and 16

March 8, 15, 22

Informational Excerpt

by Lisa J. Lehmberg

A large body of literature addresses the physical well-being of senior citizens as a result of music

participation. Due to the age of senior citizens, they are more prone to have various health issues.

Evidence in the literature suggests that there were multiple physical benefits regardless of the senior

citizens’ health conditions. A landmark two-year study examining the effect of arts participation on 300

senior citizens, aged 65 or older, in New York City, San Francisco, and Washington, D.C. showed

remarkable results (Cohen, 2006a, 2006b). Compared to the control group with limited arts

participation, those who participated in weekly arts programs, including music, showed better health,

fewer doctor visits, less medication usage, more positive responses on mental health measures, and

more involvement in overall activities. The findings “point to true health promotion and disease

prevention effects” (Cohen, 2006b, p. 6). In Cohen’s (2006b) words: The significance of the art programs

is that they foster sustained involvement because of their beauty and productivity. They keep the

participants involved week after week, compounding positive effects being achieved. Many general

activities and physical exercises do not have this high level of engagement. Art programs, thereby help

sustain quality of life.

Page 8 of 178

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

I 26 I 17

2. General Information:

Session:

Open

Agenda Header:

D Executive- See instructions for the applicable laws, then choose one:

jNew Business

~------------------------------------------------------------~

D Accept as Information only

Action - please describe:

PLEASE ACCEPT THE AJRCCC FIRST QUARTERLY REPORT FOR 2017. THIS REPORT COVERS THE PERIOD OF

OCT,NOV & DECEMBER 2016

3. Supporting Materials ·

1K1 Report

D Resolution

D Contract

D Other:

1.11 ST QUARTER REPORT- JANUARY 2017

D Business Committee signature required

4. Budget Information

Budgeted -Tribal Contribution

D Budgeted- Grant Funded

D Unbudgeted

5. Submission

Authorized Sponsor I Liaison:

IMelinda J. Danforth, Council Member

Primary Requestor/Submitter:

CAROL ELM, BOARD MEMBER- VICE CHAIR

Your Name, Title I Dept. or Tribal Member

Additional Requestor:

PAT MOORE, YVONNE CORNELIUS, JANICE MCLESTER, MARY ADAMS, SANDRA

Name, Title I Dept.

Additional Requestor:

SKENADORE- BOARD MEMBERS

Name, Title I Dept.

Page 1 of 2

Page 9 of 178

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested :

PER THE TRIBAL SECRETARY'S OFFICE SCHEDULE-- ALL BOARDS, COMMITIEES, AND COMMISSIONS ARE TO

PROVIDE QUARTERLY REPORTS TO THE ONEIDA BUSINESS COMMITIEE. 1ST QUARTER REPORT OF THE AJRCCC

DUE ON JANUARY 17,2017 FOR THE JANUARY 26, 2017 MEETING DATE.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Page 10 of 178

Anna John Resident Centered Care Community

Quarterly Report to Business Committee

Period: Oct, Nov. & Dec 2016

Submitted by: Carol Elm

The purpose of the Anna John Resident Centered Care Community (AJRCCC) Board is to serve in an

advisory capacity ensuring operations of AJRCCC are within the guidelines and policies ofthe Oneida

Tribe of Indians of Wisconsin and within all regulations, rules, policies governing the operation of a

nursing home.

The Board ensures the AJRCCC maintains a safe and sanitary environment while providing quality care

and services to residents of the facility and as ordered by each resident's attending physician .

AJRCCC BOARD MEMBERS

Name

Carol Elm

Yvonne Cornelius

Sandra Skenadore

Candace House

Term Expires

1128/18

10/28/18

11/12/17

1128/18

Name

Pat Moore

Janice McLester

Mary Adams

Term Expires

5/27/18

7/08/18

7/25/17

MINUTES

November 1, 2016

November 7, 2016

November 15, 2016

November 17, 2016

November 30, 2016

October 13, 2016

October 19, 2016

December 14, 2016

RESIDENT CENSUS

November 2016

October 2016

43.8 91.26%

Maximum is 48 Beds

44.9

=93.61%

December 2016

44.1

=91.87%

HIGHLIGHTS

•

Quality Assurance/Regulatory Compliance Issues:

The Quality Assurance mandated that all AJRCCC staff training

was completed along with additional policy and procedures

updated by the Quality Assurance Team; and 2 minor reports

AJRCCC QUARTERLY REPORT- 1' Quarter JAN. 2017

PAGE 1 OF 2

PERIOD : Oct, Nov & Dec. 2016

Page 11 of 178

were sent in to the State of Wisconsin, Bureau of Quality

Assurance.

•

Shared activities between A..JRCCC and Elder Services continue

on a scheduled plan.

•

The Congregate Mealsite hours of operation are Monday through

Friday from 8:00 AM to 4:30 PM and continues to average 80-1 00

per day in attendance.

Dave Larson continues as the Acting Administrator for the

A..JRCCC.

The A..JRCCC board has attended the following activities at the

A..JRCCC:

November 15, 2016: A..JRCCC Harvest Meal, all Board

members were in attendance at the A..JRCCC Harvest meal to

enjoy a harvest dinner with the residents.

December 20, 2016: Christmas party with A..JRCCC

Residents. The A..JRCCC Board divided the number of

residents between the board members and purchased gifts

for all A..JRCCC residents. Several of the Board Members

attended the December 20, 2016 Christmas Party to hand

out gifts.

•

STAFFING

•

Between the months of October to December, 2016; HRD

reported that as of 1/1/2017 the Anna John Resident Centered

Care Community had a total of 65 tribal employees working the

24/7 shifts to care for our Residents during the 1st quarter 2017.

The End.

AJRCCC QUARTERLY REPORT- 1' Quarter JAN 2017

PAGE 2 OF 2

PERIOD : Oct, Nov & Dec. 2016

Page 12 of 178

Oneida Business Committee Agenda Request

I 26 I 17

1. Meeting Date Requested:

2. General Information:

Session:

Open

AgendaHeader:

D Executive- See instructions for the applicable laws, then choose one:

LIR_e~p_o_rt_s________________________________________________________~

D Accept as Information only

Action - please describe:

Approval needed

3. Supporting Materials

Report

D Resolution

D Contract

D Other:

~-------------------------------.

D Business Committee signature required

4. Budget Information

Budgeted -Tribal Contribution

D Budgeted- Grant Funded

D Unbudgeted

S. Submission

Authorized Sponsor I Liaison:

LIL_is_a_S_u_m_m_e_r_:_s,_T_ri_b_ai_S_e_cr_e_ta_r:_y_________________________________J

Primary Requestor/Submitter:

Dale Powless, Chair Child Protective Board

Your Name, Title I Dept. or Tribal Member

Additional Requestor:

Name, Title I Dept.

Additional Requestor:

Name, Title I Dept.

Page 1 of2

Page 13 of 178

Oneida Child Protective Board Quarterly Report

For Oneida Business Committee

Period: October, November, & December 2016

First Quarter report due: January 1ih, 2017

ONEIDA CHILD PROTECTIVE BOARD

Dale Powless, Chairman

Lois Strong, Vice Chair

Jeanette Ninharn, Secretary

Beverly Anderson, Member

Wesley Martin, Member

Carol Silva, Member

Melinda K. Danforth, Member

Lisa Summers, OBC Liaison

MISSION: To secure a stable environment that includes the physical, mental, cultural and

financial well-being of Oneida children.

PURPOSE: In accordance with the Indian Child Welfare Act, 25 U.S.C. 1901, etseq., the

purpose of the Board is to protect the best interest of Oneida children and to promote the stability

and security of Oneida families. When placements of such children in foster or adoptive homes

or facilities are necessary, these homes must reflect the unique values oflndian culture. For this

purpose, the Board may intervene in federal, state, and county comis concerning the following

proceedings: foster care placement, termination of parental rights, pre-adoptive placement,

adoptions and out of horne placements.

MEETING REQUIREMENTS

Oneida Child Protective Board meets weekly and by special requests from family members,

counties departments, or community members.

MINUTES

Due to confidentiality nature of minors, all minutes are kept in locked fireproof file cabinet, in a

locked room within the building.

FINANCIALS

The Oneida Child Protective Board is on schedule with meeting our financial goals.

•

EDUCATION/TRAINING

Fighting Methamphetamine & Pharmaceutical Abuse in Indian County

October 18th, 2016

13th Annual Fatherhood is Leadership National Conference

November 2nd_4th, 2016 in Tempe, Arizona

BIA Training on Final ICWA Rule

November 17th, 2016

Page 1 of3

Page 14 of 178

Oneida Child Protective Board Quarterly Report

For Oneida Business Committee

Period: October, November, & December 2016

First Quarter report due: January 1ih, 2017

•

GOALS AND OBJECTIVES

Facilitate appropriate training opportunities for Oneida Child Protective Board members for

certificate/report of completion per Oneida Child Protective Board Bylaws.

Develop working relationship and improve judicial relationships through meetings with

tribal, state, and county personnel.

Work in accordance with the Oneida Law Office and Tribal Social services to enforce the

provisions of the Indian Child Welfare Act.

COMMENTS

Attended state court hearings in support of placement of Oneida children and their families.

Heard, discussed and recommended the best solution for cases that came before us. The

following chart demonstrates the approximate number of cases for the quarter:

Worked with the ICW staffto provide a brochure to have available for families. This

information should be provided by the Adoption agency, but this is not always the case.

Therefore we feel it is imperative they have knowledge since there is a timeline for applying

for these funds. (see attachment)

Attached is the Bureau of Indian Affairs Final Rule: Indian Child Custody Proceedings

which went into effect on December 1ih, 2016

Page 2 of 3

Page 15 of 178

Oneida Child Protective Board Quarterly Report

For Oneida Business Committee

Period: October, November, & December 2016

First Quarter report due: January 1ih, 2017

October

On-Going Cases

New Cases

Relative Placement

Future Adoptive Placement

Treatment Facility Placement

Shelter Care Placement

Foster Care Placement

Parent Placement

Fictive Kin

Guardianship

Kinship

November

On-Going Cases

New Cases

Relative Placement

Future Adoptive Placement

Treatment Facility Placement

Shelter Care Placement

Foster Care Placement

Parent Placement

Fictive Kin

Guardianship

Kinship

December

On-Going Cases

New Cases

Relative Placement

Future Adoptive Placement

Treatment Facility Placement

Shelter Care Placement

Foster Care Placement

Parent Placement

Fictive Kin

Guardianship

Kinship

Page 3 of 3

Page 16 of 178

Oneida Fa11tify Stppo11

Ser!)ices

Local Adoption

Resources

If you have more questions you may

contact:

Lutheran Social Services of WI &

Upper MI; 3003 AN. Richmond

Street, Appleton 54911 Phone: 920

-730-1322

Family Services Post-Adoption

Resource Center; 300 Crooks

A Guide to

Adopting a Native

American Child

Street, Green Bay Phone: 920-4364360 x1264

Foster Care and Adoption Resource Center, 6682 West Greenfield Avenue, Suite 310 TY:lilwaukee

WI 53214

Phone: 414-475-1246

Oneida Social Services

2640 West Point Road

Green Bay, WI 54304

Child Placement Coordinator

Phone: 920-490-3822

Fax: 920-90-3799

Toll Free 1-888-490-2457

Oneida Social Services

Telephone: 920-490-3700

Page 17 of 178

Introduction to

Adoption

Tax Credit:

•

Benefits are not income based

• A monthly financial payment to assist in

•

time Federal Adoption Tax Credit (based on

meeting financial demands-not to exceed

The following guide is a very brief intro-

income). Speak to your tax consultant about

$2,000

duction to adoption resources and infor-

this for more information or visit:

https://www.nacac.org/taxcredit/taxcredit.ht

mation.

•

Adoption Assistance also includes Medical As-

ml or call: 651-644-3036

sistance eligibility through Wisconsin's Medi-

For more information and guidance,

please contact: Foster Care and Adoption Resource Center at 414-475-1246

caid Program. If a family's health plan fails to

provide coverage, the Wisconsin Medicaid Pro-

or visit:

www.wifostercareandadoption.org/

Adoption Cost Reimbursement:

•

gram may cover some necessary health care

may be reimbursed up to a maximum of

Financial Adoption Support:

Eligibility Requirement: Child must be

Native American

The costs incurred during the adoptions process (fees, court costs, attorney fees, etc.)

costs.

•

Adoptive parents are also eligible for a one

$2000 through adoption assistance. This

•

Adoption Assistance may continue until 18 or

claim must be submitted within two years

19 years & child is enrolled as a full-time high

from the date of the adoption finalization.

school student.

•

the licensed adoption agency you

choose) will submit the necessary Adoption Assistance application materials to

the Department of Children and Families

for eligibility determination.

•

The adoption social worker (through

Adoption assistance should be re-

quested before the adoption becomes

final.

The form to complete and return address can

To learn more about the Adoption Assistance Pro-

be obtained by asking your adoption worker

gram, visit: wifostercareandadoption.org/ or call:

or by calling 866-666-5532.

414-475-1246

***Oneida Nation Social Services does not process

adoptions, but does assist with Kinship and Foster Care

Services

Page 18 of 178

10146

Federal Register /Vol. 80, No. 37 I Wednesday, February 25, 2015 /Notices

ENFORCEMENT ACTIONS TAKEN BY TSA IN CALENDAR YEAR 2014-Continued

TSA Case number/type of violation

Penalty proposed/assessed

TSA Case# 2014JAD0082-TWJC-Fraudulent Use or Manufacture (49 CFR 1570.7) .......................................... $4,000/$4,000.

TSA Case# 20141AD0083--TWIC-Fraudulent Use or Manufacture (49 CFR 1570.7) .......................................... $4,000/$2,000.

impaired persons may access these

numbers through TTY by calling the

Federal Relay Service at 800-877-8339

(this is a toll-free number).

revitalization planning contemplates not

only the conversion of assistance

pursuant to RAD, but also to

supplement such converted projects by

project-basing additional voucher

DEPARTMENT OF HOUSING AND

Background and Action

, assistance. SFHA has submitted a

URBAN DEVELOPMENT

The RAD statute (Pub, L. 112-55,

waiver request that seeks permission to

[Docket No . FR-5851-N-Q1]

approved November 18, 2011) gives

apply the Applicable Alternative

HUD authority to waive or specify

Tenanting Requirements to all units in

Rimtai Assistance Demonstration

alternative requirements for, among

those projects with assistance converted

(RAD)-Aiternative Requirements or

other things, section 8(o)(13) of the

under RAD. HUD has granted that

Waivers: Waiving and Specifying

United States Housing Act of 1937 (the

request, subject to certain conditions

Alternative Requirements for the 20

1937 Act). In order to utilize this

which SFHA has ·agreed to carry out.

Percent Portfolio Cap on Project·

authority, the RAD statute requires HUD

Dated: February 13, 2015.

Basing and Certain Tenant Protection

to publish by notice in the Federal

and Participation Provisions for the

Jemine A. Bryon,

San Francisco Housing Authority's

requirement no later than 10 days before Acting Assistant Secretary for Public and

Indian Housing.

RAD Projects

the effective date of such notice. This

Biniam T, Gebre,

notice meets this publication

AGENCY: Office ofthe Assistant

Acting Assistant Secretary for Housingrequirement.

Secretary for Public and Indian

Federal Housing Commissioner.

On July 2, 2013, notice 2012-32 RevHousing, and Office ofthe Assistant

[FR Doc. 2015-Q3780 Filed 2-24-15; 6:45am]

Secretary for Housing-Federal Housing 1(as corrected by the technical

correction issued February 6, 2014) ·

BILLING CODE 421o-67-P

Commissioner, HUD.

("the revised notice") superseded PIH

ACTION: Notice.

Notice 2012-32. The revised notice is

found at the followingURL: http://

DEPARTMENT OF THE INTERIOR

SUMMARY: The RAD statute gives HUD

portal.hud.gov/hudportal/HUD?src=l

authority to establish waivers and

program_ offices/public_indian_

Bureau of Indian Affairs

alternative requirements. Pursuant to

this authority, HUD has waived, to date, housing/publications/notices/2012,

[K0010~ 12i13 A3A10; 134D0102DRThe revised notice at section 1.9,

the statutory 20 percent cap on projectDS5A300000-DR.5A311.1A000113]

"Portfolio

paragraph

entitled

basing of a PHA's tenant-based voucher

new

option

Awards,"

also

sets

forth

Guidelines for State Courts and

fundirtg .for RAD-converted units. This

a "portfolio award," which allows PHAs Agencies In Indian Child Custody

notice advises that HUD is waiving for

to apply for RAD conversions affecting

Proceedings

the San Francisco Housing Authority

a group of projects. This type of award

(SFHA), to a limited extent and subject

AGENCY: Bureau of Indian Affairs,

to certa~n conditions, the 20 percent cap is meant to enable PHAs to create a

Interior.

comprehe~sive

revitalization

plan

for

on project-basing and certain other

multiple buildings they oversee. SFHA

ACTION: Notice,.

provisions governing project-based

has submitted an application for a

assistance with respect to an identified

SUMMARY: These updated guidelines

portfolio award under RAD.

'portfolio that includes RAD funding.

provide guidance to State courts and

The revised notice contains a waiver

These waivers are in response to plans

child· welfare agencies implementing the

of 8(o)(13)(B) and other sections ofthe

submitted by SFHA to address capital.

Indian Child Welfare Act's (ICWA)

1937 Act. Section 1.6, "Special

needs o'fthe portfolio ~nd preserve

provisions in light of written and oral

· Provisions Affecting G:onversions to ·

avaihible affordable housing for the

comments received during a review of

PBVs," atparagraphA.1, allows a

SFHA's jurisdiction. Without this

the Bureau of Indian Affairs (BIA)

project that converts from one form Of

waiver, SFHA states that its plan for

Guidelines for State Courts in Indian

rental assistance to another under RAD

improving its affordable housing

Child Custody Proceedings published in

to exceed the 20 percent project-basing

portfolio with RAD would not be

1979, They also reflect

cap. Section 1.6.A.2 allows sets

workable, and the conversion of units

recommendations made by the Attorney

alternate requirements for the percent

under RAD would not be effective for its limitation on the number of units in a

General's Advisory Committee on

purpose.

project that may receive PBV assistance. American Indian/Alaska Native

DATES: Effective Date: March 9, 2015,

Children Exposed to Violence and

Section 1.6.C. sets forth alternative

FOR FURTHER INFORMATION CONTACT:

significant developments in

requirements for resident rights and

Janet Golrick, Acting Director of the

participation, (Collectively, the waivers jurisprudence since rcwA's inception.

Office of Recapitalization, Office of

and alternative requirements set forth in The updated BIA Guidelines for State

Housing, Department of Housing and

Courts and Agencies in Indian Child

Sections 1.6.A.1, 1.6.A.2 and 1.B.C are

Urban Development, 451 7th Street SW., referred to herein as the "Applicable

Custody Proceedings promote

Washington, DC 20410-7000; telephone Alternative Tenanting Requirements.")

compliance with ICWA's stated goals

number 202-708-0001 (this is not a tolland provisions by providing a

As part of its application for a

portfolio award, SFHA's comprehensive framework for State courts and child

free number), Hearing- and speech[FR Doc. 2015-Q3796 Filed 2-24-15; 6:45am]

BILLING CODE 911lHl&-P

Page 19 of 178

Federal Register /Vol. 80, No. 37 /Wednesday, February 25, 2015 /Notices

welfare agencies to follow, as well as

best practices for ICWA compliance.

Effective immediately, these guidelines

supersede and replace the guidelines

published in 1979,

DATES: These guidelines are effective on

February 25, 2015.

Choctaw Indians v. Holyfield, 490 U.S.

30 (1989) (citing H. Rep. 95-1386 at 24).

Following ICWA's enactment, in July

1979, the Department of the Interior

10147

III. Summary ofUpdates

The 1979 guidelines included

"commentary" for each section, which

was intended to explain the

requirements of each section. The

updated guidelines are clearer, making

the commentary unnecessary.

Recognizing the important role that

child welfare agencies play in ICWA

compliance, these updated guidelines

broaden the audience of the guidelines

to include both State courts and any

agency or other party seeking placement

of an Indian child. The guidelines

identify procedures to address

circumstances in which a parent desires

anonymity in a voluntary proceeding.

Those procedures clarify that a parent's

desire for anonymity does not override

the responsibility to comply with ICWA.

The guidelines also establish that

agencies and courts should document

their efforts to comply with ICWA. The

following paragraphs include sectionby-section highlights of the substantive

updates that these guidelines make to

the 1979 version.

(Department) issued regulations

addressing notice procedures for

involuntary child custody proceedings

FOR FURTHER INFORMATION CONTACT:

involving Indian children, as well as

Hankie Ortiz, Deputy Director-Indian

governing the provision of funding for

Services, Bureau oflndian Affairs, U.S.

and administration oflndian child and

Depi;U'tment of the Interior, 1849 C

family service programs as authorized

Street, NW., Washington, DC 20240,

by ICWA. See 25 CFR part 23. Those

(202) 208-2874; hankie.ortiz@bia.gov.

regulations did not address the specific

requirements and standards thatiCWA

SUPPLEMENTARY INFORMATION:

imposes upon State court child custody

I. Background

proceedings, beyond the requirements

These updated BIA guidelines

for contents ofthe notice. Also, in 1979,

provide standard procedures and best

the BIA published guidelines for State

practices to be used in Indian child

courts to use in interpreting many of

welfare proceedings in State courts. The ICWA's requirements in Indian child

updated guidelines are issued in

custody proceedings. 44 FR 67584 (Nov,

response to comments received during

26, 1979). Although there have been

several listening sessions, written

significant developments in ICWA

comments submitted throughout 2014,

jurisprudence, the guidelines have not

and recommendations of the Attorney

been updated since they were originally

General's Advisory Committee on

published in 1979. Much has changed

American Indian/Alaska Native

in the 35 years since the original

Children Exposed to Violence.

guidelines were published, but many of Section A. General Provisions (formerly,

Congress enacted ICWA in 1978 to

the problems that led to the enactment

entitled "Policy")

address the Federal, State, and private

ofiCWA persist.

agency policies and practices that

The updated guidelines add several

In 2014, the Department invited

resulted in the "wholesale separation of

provisions to section A, to provide

comments to determine whether to

Indian children from their families." H.

better context for the guidelines and

update its guidelines and what changes clear direction on implementing the

Rep. 95-1386 (July 24, 1978), at 9.

Congress found "that an alarmingly high should be made. The Department held

guidelines. For example, this section

percentage ofindian families ru·e broken several listening ·sessions, including

includes definitions of key terms used

sessions

with

representatives

throughout the guidelines, such as

up by the removal, often unwarranted,

of their children from them by nontribal federally recognized Indian tribes, State "active efforts" and "child custody

court representatives (e.g., the National

public and private ·agencies and that an

proceeding." The phrase "active efforts"

Council of Juvenile and Family Court

alarmingly high percentage of such

has been inconsistently interpreted. The

children are placed in non-Indian foster Judges and the National Center for State guidelines' definition is intended to

Courts' Conference of Chief Justices

and adoptive homes and institutions

provide clarity-particularly in

Tribal Relations Committee), the

establishing that "active efforts" require

. . , . " 25 U.S.C. 1901(4). Congress

National

Indian

Child

Welfare

a level of effort beyond "reasonable

determined that cultural ignorance and

Association, and the National Congress

efforts."

biases within the child welfare system

of American Indians. The Department

Section A also includes an

were significant causes ofthis problem

received comments from those at the

applicability section, which

and that state administrative and

listening sessions and also received

incorporates many of the provisions of

judicial bodies "have often failed to

recognize ·the essential tribal relations of written comments, including comments the 1979 guidelines' section B.3. In

from individuals and additional

addition, section A:

Indian people and the cultural and

organizations, such as the Christian

• Clarifies that agencies and State

social standards prevailing in Indian

Alliance for Indian Child Welfare and

courts must ask, in every child custody

communities and families." 25 U.S.C.

the American Academy of Adoption

1901(5); H. Rep. 95-1386, at 10.

proceeding, whether ICWA applies;

Attorneys. An overwhelming proportion

• Clarifies that courts should follow

Congress enacted ICWA to "protect the

of the commenters requested that the

ICWA procedures even when the Indian

best interests oflndian children and to

Department update its ICWA guidelines child is not removed from the home, in

promote the stability and security of

and many had suggestions for revisions

order to allow tribes to intervene as

Indian tribes and families by

that have been included. The

establishing minimum Federal

early as possible to assist in preventing

Department reviewed and considered

a breakup of the family; and

standards for the removal of Indian

each comment in developing these

• Provides that, where agencies and

children from their families and the

revised

Guidelines.

State courts have reason to know that a

placement of such children in foster or

child is an Indian child, they must treat

adoptive homes or institutions which

II. Statutory Authority

that child as an Indian child unless and

will reflect the unique values of Indian

The Department is issuing these

until it is determined that the child is

culture." H. Rep. 95-1386, at 8. ICWA

not an Indian child.

thus articulates a strong "federal policy updated guidelines under ICWA, 25

These clarifications are necessary to

U.S.C. 1901 et seq., and its authority

that, where possible, an Indian child

ensure that the threshold question for

over the management of all Indian

should remain in the Indian

determining whether ICWA applies (is

affairs under 25 U.S. C. 2.

community." Mississippi Band of

Page 20 of 178

10148

Federal Register /Vol. 80, No. 37 /Wednesday, February 25, 2015 /Notices

This section also clarifies how

the child an Indian child?) is asked, and efforts" begins. ICWA requires "active

efforts to provide remedial services and guidelines apply if the child is

asked as soon as possible. If such

transferred interstate,

rehabilitative programs designed to

inquiry is not timely made, a court

The updated guidelines expand upon

proceeding may move forward without

prevent the breakup of the Indian

the emergency procedure provisions In

appropriate individuals aware that

family." See 25 U.S.C. 1912(d). The

light of evidence that some States

ICWA applies and that certain

updated section B clarifies that active

procedures must be followed. Tragic

efforts must begin from the moment the routinely rely upon emergency removals

and placements in a manner that

consequences may result.

possibility arises that the Indian child

bypasses implementation ofiCWA. See

The up.dated guidelines also add a

may be removed. This updated section

Oglala Sioux Tribe v. Hunnik, Case No.

section regarding how to contact a tribe, also clarifies that active efforts should

5:13-cv-05020-]LV, Amicus Brief of the

in cas~;J the agency or State court is

be conducted while verifying whether

United States, at *5-6 (D,S.D, Aug, 14,

unfamiliar with whom to contact,

the child is an Indian child; this

2014) (involving allegations that: (1)

Section A is intended to make clear

clarification ensures compliance with

that there is no existing Indian family

Defendants are conducting perfunctory

ICWA in cases in which the status of

(ElF). exception to application of ICWA. whether the child is an Indian child is

48-hour .hearings that do not adequately

The EIF doctrine is a judicially-created

gather or evaluate information necessary

not verified until later in the

to determine whether emergency

exception to the application of ICWA.

proceedings.

Since first recognition of the EIF in

removals or placements should be

Section B adds a new paragraph

1982, the majority of State appellate

clarifying that the tribe alone retains the · terminated, and that the orders issued at

· courts that have considered the EIF have responsibility to determine tribal

the end of the 48-hour hearing do not

rejected it a,s contrary to the plain

adequately instruct State officials to

membership. This section makes clear

language ofiCWA. Some State

return the child to the home as soon as

that there is no requirement for the

legislatures have also explicitly rejected child to have a certain degree of contact the emergency has ended; (2)

the EIF within their State ICWA

Defendants are violating the Due

with the tribe or for a certain blood

Process Clause by preventing parents

statutes. The Department agrees with

degree, and notes that a tribe may lack

from testifying, presenting evidence, or

the States that have concluded that

written rolls. The updated guidelines

cross-examining the State's witnesses at

there is no existing Indian family

delete the provision allowing BIA, in

the 48-hour hearing; and (3) parents are

exception to application oflCWA.

lieu of the tribe, to verify the child's

Section A also clarifies that ICWA and status. This provision has been deleted

not being provided adequate notice or

the guidelines apply in certain

because it has become increasingly rare the opportunity to be represented by

voluntary placements.

appointed counsel and that the State ·

for the BIA to be involved in tribal

courts are issuing orders to remove

membership P.eterminations, as tribes

Section B. Pretrial Requirements

Indian children from their homes

See

determine

their

own

membership.

Th~ updated guidelines, and section B

e.g., Santa Clara Pueblo v. Martinez, 436 without basing those orders on evidence

in particular, promote the early

adduced in the· hearing). Because ICWA

U.S. 49 (1978). ("Congress' authority

identification ofiCWA applicability.

was intended to 'help prevent the

over

Indian

matters

extraordinarily

Such identifications will promote

breakup of Indian families; therefore,

broad, and .the role of courts in adjusting emergency removals· and emergency

proper implementation of ICWA at an

relations between and among tribes and

early stage, to prevent-as much as

placements of Indian children should be

their members correspondingly

possible-delayed discoveries that

seyerely limited, applying only in

restrained,")

BIA

may

assist

ICWA applies. Often, those

circumstances involving imminent

contacting

the

tribe

ensure

circumstances resulting from delayed

physical damage or harm. The updated

determination, however .

. discoveries have caused heartbreaking

section B clarifies that the' guidelines for

The updated section B also expands

separations and have sometimes led to

emergency removal or placement apply

upon

procedures

for

determining

noncompliance 'with ICWA's

regardless of whether the Indian child is

requirements. By requiring agencies and child's tribe in the event that more than a resident of or domiciled on a

one tribe is identified as the child's

courts to consider, as early as possible,

reservation. This section also explicitly

tribe. Specifically, it changes the criteria states the standard for determining .

whether ICWA applies, the updated

for determining with which tribe the·.·

guidelines will ensure that proper

whether emergen·cyremoval or

child has "significant contacts," adding emergency placement is appropriate~

· notice is given to parents/Indian.

that the parents' preference for

custodians and tribes, that tribes have

i.e,, whether itis necessary to prevent

membership will be considered, and

· the opportunity to interven·e or take

iniini'nent physical damage or harm to

. deleting factors that are subjective or

jurisdiction over proceedings, as

the child~and provides examples. The

·appropriate, and that ICWA's placement inapplicable to infants.

guidelines clearly state that the

With regard to providing notice to

emergency removal/placement must be

preferences are respected.

Indian tribes and the child's parents/

With regard to early discovery,

as short as possible, and provides

section B requires agencies and courts to Indian custodians, the updated section

guidance on ho)'V' to ensure it is as short

consider whether the child is an Indian B:

as pos'sible. It also shortens the time

• Clarifies that notice is required for

child, and sets out the steps for

period for temporary custody without a

each proceeding (not just for the first or hearing or extraordinary circumstances

verifying the tribe(s) and providing

last proceeding);

notice to the parents/Indian custodians

from 90 days to 30 days. This shortened

• States that notice must be sent, at a timeframe promotes ICWA's important

and tribe(s). Section B also adds ,

guidance regarding the evidence a court minimum, by registered mail, return

goal of preventing the breakup of Indian

may require an agency to provide ofthe receipt requested, and that personal

families,

agency's investigations into whether the service or other types of service may be

Section.C. Procedures for Transfer to

in addition to, but not in lieu of, such

child is an Indian child.

Tribal.Court

mail; and

With regard to application of ICWA,

The updated section C deletes the

• Clarifies that the tribe has the right

the updated section B clarifies when the

requirement that requests to transfer to

to intervene at any time.

Act's requirement to conduct "active

Page 21 of 178

Federal Register /Vol. 80, No. 37/Wednesday, February 25, 2015 /Notices

10149

custodians and tribes have the

preferences are available. The updated

opportunity to examine information

section F requires that:

necessary to protect their rights under

• The agency bears the burden of

proof if it departs from any ofthe

ICWA. This updated section also

expands significantly on how to comply placement preferences and must

demonstrate that it conducted a diligent

with the Act's "active efforts"

requirement. Specifically, the updated

search to identify placement options

guidelines:

that satisfy the placement preferences,

• Require demonstration that "active including notification to the child's

parents or Indian custodians, extended

efforts" were made, not only "prior to"

family, tribe, and others; and

the commencement of the proceeding,

• The court determines whether

but also "until" the commencement of

"good cause" to deviate from the

the proceeding;

placement preferences exists before

• Require documentation of what

departing from the placement

"active efforts" were made; and

preferences.

Require a showing that active efforts

The updated section F also adds

have been unsuccessful. The updated

section D also provides guidance

provisions to ensure that "good cause"

regarding how to identify an appropriate determinations are explained to aU

"qualified expert witness." Commenters parties and documented,

indicated that some States rely on

· Evidence suggests that "good cause"

has been liberally relied upon to deviate

witnesses' qualific~tions as child care

specialists, or on other areas of

from the placement preferences in the

expertise, but do not require any expert past. Commenters noted that, in some

knowledge related to the tribal

cases, a State court departed from the

community. The updated guidelines

placement preferences because an

establish a preferential order for

Indian child has spent significant time

witnesses who are experts in the culture in a family's care, despite the fact that

and customs of the Indian child's tribe.

the placement was made in violation of

This will ensure that the expert witness ICWA. The guidelines attempt to

with the most knowledge of the Indian

prevent such circumstances from arising

child's tribe is given priority.

by encouraging early compliance with

ICWA (see sections A and B, in

Section E. Voluntary Proceedings

particular). The guidelines also specify

ICWA applies to voluntary

in section F that "good ·cause" does not

proceedings that operate to prohibit an

include normal bonding or attachment .

Indian child's parent ()r Indian

that may have resulted from a

custodian from regaining custody of the placement that failed to comply with ·

child upon demand; nevertheless,

the Act. As in other parts of the

evidence suggests thatiCWA is

guidelines, this section clarifies that ·an

sometimes ignored or intentionally

independent consideration of the child's

bypassed in voluntary proceedings. The "best interest" is inappropriate for this

updated section E clarifies that, even in determination because Congress has

voluntary proceedings, it is necessary to already addressed the child's best

determine whether ICWA applies, and

interest in ICWA. Because ICWA does

to comply with ICWA's provisions. To·

not allow for consideration of socioensure that parents and Indian

economic status in the placement

custodians understand the significance

preferences, this section also now

of their consent, the updated section E

clarifies that the court may not depart

requires the consent document to

from the preferences based on the:socioidentify any conditions to the consent

economic status of one placement

and requires the court to explain the

relative to another, except in extreme

consequences of the consent before its

circumstances.

execution. It also addresses steps for

Section G. Post-Trial Rights

withdrawal of consent. The updated

ICWA is intended to protect the

section E further restates the statutory

rights, not only ofindian children,

restriction that a consent given prior to

parents and Indian custodians, but also

or within 10 days after birth of an

oflndian tribes. The updated guidelines

Indian child is not valid.

establish that an Indian child, parent or

Section F. Dispositions

Indian custodian, or tribe may petition

Section D. Adjudication of Involuntary

The updated guidelines provide more to invalidate an action if the Act or

Placements, Adoptions, or Terminations information regarding when and how to guidelines have been violated,

or Terminations of Parental Rights

apply ICWA's placement preferences for regardless of which party's rights were

foster and adoptive placements. In some violated. This approach promotes

The updated section D establishes

compliance with ICWA and reflects that

cases, agencies fail to conduct any

that parties have the right to examine

ICWA is intended to protect the rights

records and reports in a timely manner; investigation of whether placements

of each of these parties.

that conform to ICWA's placement

this ensures that parents/Indian

tribal court be made "promptly after

receiving notice of the proceeding"

because there is no such requirement in

ICWA. Instead, the updated guidelines

clarify that the right to transfer is

available at any stage of a proceeding,

including during an emergency removal.

The updated section C also clarifies that

the right to request a transfer occurs

with each distinct proceeding. ICWA

contains no restriction on the right to

request a transfer occurring at the first,

last, or any specific child custody

proceeding. A tribe may decide that

transfer is not appropriate until it

reaches the stage where parental

termination is being determined.

The updated section C also updates

the ''good cau~e" factors for denying

transfer to tribal court. The· updated

criteria are more general; in summary,

good cause may be found if either

parent objects, the tribal court declines,

or the State court otherwise determines

that good cause exists. The updated .

guidelines specifically omit some ofthe

factors that were the basis for finding

that "good cause" exists under the 1979

guidelines. One such factor that should

no longer be considered is whether the

proceeding was at an advanced stage. As

mentioned above, there may be valid

reasons for waiting to transfer a

proceeding uritil it reaches an advanced

stage. Another factor that should no

longer be considered is the level of

contacts the child has had with the

tribe-this factor unnecessarily

introduces an outsider's evaluation of

. the child's relationship with the tribe

and cannot sensibly be applied to

infants.

The updated guidelines also specify

that it is inappropriate to conduct an .

independent analysis, inconsistent with

ICWA's placement preferences, of the

"best interest" of an Indian child. The

provisions of ICWA create a

presumption that ICWA's placement

preferences are in the best interests of

Indian children; therefore, ail

independent analysis of "best interest"

would undermine Congress's findings.

Fin.ally, the updated guidelines provide

that the tribal court's prospective·

placement of an Indian child should not

be considered, because it invites

speculation regarding the tribal court's

findings and conclusions and, therefore,

undermines the independence of tribal

court decision making.

Page 22 of 178

10150

Federal Register /Vol. 80, No. 37 /Wednesday, Febmary 25, 2015 /Notices

1. Who has access to reports or records?

Adults who had been adopted by non2. What steps must a party take to petition

Indian families and seek to reconnect

a State court for certain actions involving

with their tribes often face significant

an Indian child?

hurdles in obtaining needed

3. What are the applicable standards of

information. The updated guidelines

evidence?

attempt to protect those adults' rights to

4. Who may serve as a qualified expert

obtain information about their tribal

witness?

relationship by specifying that, even in

E. Voluntary Proceedings

1. What actions must an agency and State

States where adoptions remain closed,

court undertake in voluntary

the relevant agency should facilitate

proceedings?

communication directly with the tribe's

2. How is consent obta1ned?

enrollment office.

3. What information should the consent

The guidelines also recommend that

document contain?

courts work with tribes to identify tribal

4. How is withdrawal of consent achieved.

designees who can assist adult adoptees

in a voluntary foster care placement?

to connect with their tribes. .

5. How is withdrawal of consent to a

voluntary adoption achieved?

Finally, the updated' guidelines clarify

that the requirement to maintain records F. Dispositions

1. When do the placement preferences·

on foster care, preadoptive placement

apply?

and adoptive placements applies not

2. What placement preferences apply in

only in involuntary proceedings, but

adoptive placements?

also in voluntary proceedings.

3. What placement preferences apply in

(1) Engaging the Indian child, the

Indian child's parents, the Indian

child's extended family members, and

the Indian child's custodian(s);

(2) Taking steps necessary to keep

siblings together;

(3) Identifying appropriate services

and helping the parents to overcome

barriers, including actively assisting the

parents in obtaining such services;

(4) Identifying, notifying, and inviting

representatives of the Indian child's

tribe to participate;

(5) Conducting or causing to be

conducted a diligent search for the ·

Indian child's extended family members

for assisto.nc:;e and possible placement;

(6) Taking into account the Indian

child's tribe's prevailing social and

cultural conditions and way of life, and

requesting the assistance of

representatives designated by the Indian

child's tribe with substantial knowledge

foster care or preadoptive placements?

IV. Guidance

4. How is a determination for "good cause" of the prevailing social and cultural

standards;

to depart from placement procedures

These guidelines supersede and

(7) Offering and employing all

made?

replace the guidelines published at 44

available and culturally appropriate

G. Post-Trial Rights

FR 67584 (November 28, 1979).

1. What is the procedure for petitioning to

family preservation strategies;

Guidelines for State Courts and Agencies in

vacate an adoption?

(8) Completing a comprehensive

Indian Child Custody Proceedings

2. Who can make a petition to invalidate

assessment of the circumstances ofthe

an action?

A. Genetal Provisions

Indian child's family,with a focus ori

3. What are the rights of adult adoptees?

1, What is the purpose of these guid~linesr

safe reunification as the most desirable

4, When must notice of a change in child's

2. What terms do I need to know?

goal;

status be given?

3, When does ICWA apply?

(9) Notifying and consulting with

5, What information must States furnish to

4. How do I contact a tribe under these

extended family members of the Indian

the Bureau of Indian Affairs?

guidelines?

child to p·rovide family structure and

6. How must the State maintain records?

5, How do these guidelines interact with

support for the Indian child, to assure

State laws? ·

Guidelines for State Courts and

cultural connections, and to serve as

· B.-Pretrial Requirements

Agencies in fudilin Child Custody

1. When does the requirement for active

placement resources for the Indian

Proceedings

efforts begin?

child;

2. What actions must an agency and State

(10) Making arrangements to provide

A. General Provisions

. court undertake to determine whether a

'family interaction in the·most natural

A.1. What is the purpose of these

child is an Indian child?

setting that ·can ensure the Indian

3. Who niakes the determination as to

guidelines?

·child's safety during any necessary

whether a child is a menibm' of a tribe?

These guidelines clarify the minimum removal;

4. What is the procedure for determining

· (11) Identifying community resources

an hidian child's tribe when the child is · Federal standards, and best practices, .

governing implementation of the Indian including housing, financial,

il member or !lligible for membership in

Child Welfare Act (ICWA) to ensure that ·transportation, mental health, substance

more than one tribe?

ICWA is applied in all States consistent abuse, and peer support services and

5, .When must a State court dismiss an

· action?

with the Act's express language,

actively assisting the Indian child's

6. What are the notice r~quirementsfor a

Congress' intent in enacting the statute, ·. parents or extended family in utilizing

. child custody prQceoding involving an

and the canon of construction that

and accessing those·resources;

. Indian child?

statutes enacted fbr the benefit of ·

· (12) Monitoring progress and

7. What time limits and extensions apply?

participation in services;

Indians are to be liberally construed to

8. What is the process for emergency .

(13) Providing·consideration of

their benefit. In order to fully·

removal of an Indian child?

alternative ways of addressing the needs

9. Wliat are the procedures for determining implement ICW A, these guidelines

ofthe Indian child's parents and

should be applied in all proceedings

improper removal?

and stages of a proceeding in which the extended family, if services do not exist

C. Procedures for Making Requests for

Transfer to Tribal Court

or if existing services are not available;

Act is or becomes applicable.

1. How are petitions for transfer of

(14) Supporting regular visits and trial

A.2. What terms do I need to know?

proceeding made?

home visits of the Indian child during

2. What are the criteria and procedures for

Active efforts are intended primarily

any period of removal, consistent with

ruling on transfer petitions?

to maintain and reunite an Indian child the need to ensure the safety of the

3. How is a determination of "good cause"

with his or her family or tribal

· child; and

made?

community

and

constitute

than

(15) Providing post-reunification

4. What happens when a·petition for

reasonable efforts as required by Title

· services and monitoring.

transfer is made?

IV-E of the Social Security Act (42

"Active efforts" are separate and

D. Adjudication of Involuntary Placements,

U.S.C, 671(a)(15)). Active efforts

distinct from requirements of the

Adoptions, or Terminations of Parental

include, for example:

Adoption and Safe Families Act

Rights

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10151

(ASFA), 42 U,S,C, 1305. ASFA's

children adopted by non-Indians on the paternity in the action at issue or

establishing paternity through DNA

tribes themselves. I d. at 49.

exceptions to reunification efforts do

Extended family member is defined

not apply to ICWA proceedings.

testing.

Reservation means Indian country as

Agency means a private State-licensed by the law or custom of the Indian

defined in 18 U,S,C 1151, including any

child's tribe or, in the absence of such

agency or public agency and their

law or custom, is a person who has

lands, title to which is held by the

employees, agents or officials involved

United States in trusl for the benefit of

reached the age of eighteen and who is

in and/or seeking to place a child in a

any Indian tribe or individual or held by

the Indian child's grandparent, aunt or

child custody proceeding.

any Indian tribe or individual subject to

uncle, brother or sister, brother-in-law

Child custody proceeding means and

a restriction by the United States against

or sister-in-law, niece or nephew, first

includes any proceeding or action that

alienation.

or second cousin, or stepparent,

involves:

Secretary means the Secretary of the

Immine.nt physical damage or harm

(1) Foster care placement, which is

Interior or the Secretary's authorized

means present or impending risk of

any action removing an Indian child

serious bodily injury or death that will . representative acting under delegated

from his or her parent or Indian

authority,'

custodian for temporary placement in a result in severe harm if safety

Status offenses mean offenses that

intervention does not occur.

foster home or institution or the home

would not be considered criminal if

Indian means any person who. is a

of a guardian or ccinst;Jrvator where the

member of an Indian tribe, or who is an committed by an adult; they are acts

parent. or Indian custodian cartnot have

prohibited only because of a person's

Alaska Native and a member of a

· the child returned upon deman<J.,

status as·a minor'( e.g., truancy,

Regional Corporation as defined in43

although parental rights have not been

incorrigibility), ·

CFR part 1606.

terminated;

Tribal court means a court with

Indian child means any unmarried

(2) Termination of parental rights,

jurisdiction over child custody

person who is under age eighteen and

which is any action resulting in the

pr9ceedings, including a Court of Indian

is either: (1) a member of an Indian

termination of the parent-child

Offenses, a court established and

tribe; or (2) eligible for membership in

relationship;

operated under the code or custom of an

Indian

tribe

and

the

biological

child

(3) Preadoptive placement, which is

Indian tribe, or any other administrative

of a member of an Indian tribe.

the temporary placement of an Indian

Indian child's tribe means: (1) the

body of a tribe vested with authority

child in a foster home or institution

Indian tribe in which an Indian child is over child custody proceedings.

after the termination of parent.al rights,

Upon demand means that the parent

a member or eligible for membership; or

but prior to or in lieu of adoptive ·

or Indian custodians can regain custody

(2) in the case of an Indian child who

placement; or

·is a memb.er'of or eligible for

. s'irnply upon request, without any

(4) Acfoptive placement, which is the

membership in more than one tribe, the contingencies such as repaying the

permanent placement of an Indian child

Indian tribe with which the Indian child child's expenses.

for adoption, including any action

Voluntary placement means a

has more significant contacts.

resulting in a final decree of adoption.

placement that either parent has, of his

Indian Child Welfare Act (ICWA) or

Continued custodymeans physical

or her free will, chosen for the Indian

Act means 25 U.S.C, 1901 et seq.

and/or legal custody that a parent

Indian custodian means any person

. child, including private adoptions.

already has or had at any point in the

who has legal custody of an Indian child

A.3. When does ICWA apply?

past. The biological mother of a child

under tribal law or custom or under

has had custody of a child.

(a) ICWA applies whenever an Indian

State law, whichever is more favorable

Custody means physical and/or legal

child is the subject of a State child

to the rights of the parent, or to whom

custody under any applicable tribal law temporary physical care, custody, and

custody proceeding as defined by the

or tribal custom or State law. A party

Act. ICWA also applies to proceedings

control has been transferred by the

may demonstrate the existence of

involving status offenses or juvenile

parent of such child.

custody by looking to tribaUaw or tribal

Indian organization means any group, . delinquency proceedings if any part of

custom or, State law.

association, partnership, corporation, or those proceedings results in the need for

Domicile means:

placement of the child in a foster care,

other legal entity owned or controlled

(1) For a parent or any person over the by Indians or a tribe, or a majority of

preadoptive or adoptive placement, or

age of eighteen, physi~al presence in a

termination of parental rights,

whose members are Indians.

place· and intent to remain there;

(b) There is no exception to

Indian ·tribe means any Indian tribe, .

application· ofiCWA based on the so(2) For an Indian child, the domicile

band, nation, or other organized group

ofthe Indian child's parents, In the case or community oflndians recognized as

called ~'existing Indian family doctrine."·

of an Indian child whose parents are not eligible for the services provided to

Thus, the following non-exhaustive list·

married to each other, the domicile of

Indians by the .Secretary because of their of factors should not be considered in

the Indian child's mother. Under the

determining whethedCWA is ..

status as .Indians, including any Alaska·

principle for determinii1g the domicile

applicable: the extent to which the

Native village as defined in 43 U.S.C.

of an Indian child, it is entirely logical

parent or Indian child participates in or

1602(c).

Parent means any biological parent or observes tribal customs, votes in tribal

that "[o]n occasion, a child's domicile of

origin will be in a place where the child parents of an Indian child or any Indian elections or otherwise participates in

tribal community affairs, contributes to

has never been." Holyfield, 490 U.S. at

person who has lawfully adopted an

Indian child, including adoptions under tribal or Indian charities, subscribes to

48. Holyfield notes that tribal

jurisdiction under 25 U.S.C. 1911(a) was tribal law or custom. It does not include tribal newsletters or other periodicals of

an unwed father where paternity has not special interest in Indians, participates

not meant to be defeated by the actions

of indivi'dual members of the tribe,

been acknowledged or established. To

in Indian religious, social, cultural, or

because Congress was concerned not

political events, or maintains social

qualify as a parent, an unwed father

contacts with other members of the

need only take reasonable steps to

solely about the interests of Indian

children and families, but also about the establish or acknowledge paternity.

tribe; the relationship between the

Such steps may include acknowledging Indian child and his/her Indian parents;

impact of large numbers of Indian

.Iij

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Federal Register /Vol. 80, No. 37 /Wednesday, February 25, 2015 /Notices

the extent of current ties either parent

A.4. How do I contact a tribe under

an Indian child. If there is reason to

has to the tribe; whether the Indian

these guidelines?

believe that the child is an Indian child,

parent ever had custody of the child;

To contact a tribe to provide notice or the agency must obtain verification, in

and the level of involvement of the tribe obtain informatimi or verification under writing, from all tribes in which it is

in the State courtproceedings.

believed that the child is a member or

these Guidelines, you should direct the

eligible for membership, as to whether

child custody proceeding, must ask

(1) Many tribes designate an agent for the child is an Indian child.

(b) State courts must ask, as a

receipt ofiCWA notices. The Bureau of

whether the child is or could be an

threshold question at the start of any

Indian Affairs publishes a list of tribes'

Indian child and conduct an

State court child custody proceeding,

designated tribal agents for servic{) of

investigation into whether the child is

whether there is reason to believe the

· an Indian child. Even in those cases in

ICWA notice in the Federal Register

child who is the subject ofthe

which the child is ncit removed from the each year and make9 the list available

proceeding is an India~ child by asking

home, such as when an agency opens an ·on its Web. site at M'Ww.bia.gov.

each party to the case, including the

(2) For tribes without a designated

inv!'Jstigation or the court orders the

tribal agent for service ofiCWA notice, ·guardian ad litem and the agency

family to engage in services to keep the

representative, to certify on the record

child in the home as part of a diversion, contact the tribe(s) to be directed to the

whether they have discovered or know

appropriate individual or office.

differential, alternative response or

(3) Ifym.J. do not have accurate contact of any information that suggests or·

other program, agencies and courts

information for the tribe(s) or the tribe(s) indicates the child is an Indian child.

should follow the verification and

(1) In requiring this certification, the

contacted fail(s) to respond to written

notice provisions of these guidelines,

court may require the agency to provide:

inquiries, you may seek assistance in

Providing notice allows tribes to

(i) Genograms or ancestry charts for

contacting the Indian tribe(s) from the

intervene as early as possible in a child

both parents, including all names

Bureau of Indian Affairs' Regional

custody proceeding and provides an

known (maiden, married and former

Office and/or Central Office in

opportunity for the tribe to bring

names or aliases): current and former

Washington DC (see www.bia.gov).

resources to bear to assist the family in

addresses ofthe child's parents,

preventing a breakup of the family.

A.5. How do these guidelines interact

maternal and paternal grandparents and

(d) If there is any reason to believe the with State laws?

great grandparents or Indian custodians;

child is an Indian child, the agency and

(a) These guidelines provide

birthdates; places of birth and death;

State court must treat the child as an

minimum Federal standards and best

tribal affiliation including all known

Inc!ian child, unle~s arid u~til it is

practices to ensure compliance with

. · Indian ancestry for individuals listed on

determined. that the child is not a

ICWA and should be applied in all child the charts, and/or other identifying

member or is not eligible for

custody proceedings in which the Act

information; and/or

membership in an Indian tribe.

applies,

(ii) The addresses for the domicile

(e) ICWA and these guidelines or any

(b) In any child custody proceeding

and residence of the child, his or h.er

associated Federal g\lidelines do· not

wher(;l applicable. State or other Federal· parents, or the Indian custodian and

apply to:

law provides a higher ~tandard of ·

whether either parent or Indian

protection to the rights of the parent or

custodian is domiciled on or a resident

(1) Tribal court proceedings:

Indian custodian than the protection

of an Indian reservation or in a

· (2) Placements based upon an act by

accorded under the Act, ICWA requires predominantly Indian community.

the Indian child which, if committed by that the State court must apply the

(2) If there is reason to believe the

an adult, would be deemed a criminal

higher standard.

child is an Indian child, the court must

offense; or

B. Pretrial Requirements

confirm that the agency used active

(3) An aw?rd, in a. divorce proceeding,

efforts to work with all tribes of which

. of custody of the Indian child to one of

B.l. When does the requirement for

the child may be a member to verify

the parents.

active efforts begin?

whether the child is in fact a member or

· (f) Voluntary placements that do not

(a) The requirement to engage in·

eligible for membership in any tribe,

operate to prohibit the child's parent or "active efforts" begins from the moment·. under paragraph (a).

Indian custodian from regaining custody the possibility arises that an agency case

of the ,child upon demand are not

or investigation may result in the need

believe that a child involved in a child

for the Indian child to be placed ·outside custody proceeding is an Indian child lf:

covered by the Act.

the custody of either parent or Indian

(1) Any party to the proceeding,

(1) Such placements should be made

Indian tribe, Indian organization or .

pursuant to !J. written agreement, and the custodian in order to prevent removal.

(b) Active efforts to prevent removal

public or private agency informs the

agreement should state explicitly the

of the child must be conducted while

agency or courtthat the child is an

right of the parent or Indian custodian

investigating whether the child is a

Indian child;

to regain custody ofthe child upon

(2) Any agency involved in child

member of the tribe, is eligible for

demand.

membership in the tribe, or whether a

protection services or family support

(2) Nevertheless, it is a best practice

biological parent of the child is or is not has discovered information suggesting

to follow the procedures in these

a member of a tribe,

that the child is an Indian child;

guidelines to determine whether a child

(3) The child who is the subject ofthe

is an Indian child and to notify the tribe. B.2. What actions must an agency and

proceeding gives the agency or court

State court undertake in order to

reason to believe he or she is an Indian

(g) Voluntary placements in which a

determine whether a child is an Indian

child;

parent consents to a foster care

child?

(4) The domicile or residence ofthe

placement or seeks to permanently

terminate his or her rights or to place

(a) Agencies must ask whether there

child, parents, or the Indian custodian

is known by the agency or court to be,

the child in a preadoptive or adoptive

is reason to believe a child that is

placement are covered by the Act.

subject to a child custody proceeding is or is shown to be, on an Indian

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Federal Register /Vol. 80, No. 37 /Wednesday, February 25, 2015 /Notices

reservation or in a predominantly

Indian community; or

(5) An employee ofthe agency or

officer of the court involved in the

proceeding has knowledge that the child

may be an Indian child.

(d) In seeking verification of the

child's status, in a voluntary placement

proceeding where a consenting parent

evidences a desire for anonymity, the

agency or court must keep relevant

documents confidential and under seal.

A request for anonymity does not

relieve the obligation to obtain

verification from the tribe(s) or to

provide notice.

10153

proceeding. The notice should specify

custody proceeding must be notified in

the other tribe or tribes of which the

writing of the determination and a copy

child may be a member or eligible for

of that document must be filed with the

membership.

court and sent to each party to the

(b) If the Indian child is a member or

proceeding and to each person or

eligible for membership in only one

governmental agency that received

tribe, that tribe should be designated as

notice of the proceeding.

(4) A determination of the Indian

the Indian child's tribe.

child's tribe for purposes ofiCWA and

eligible for membership in more than·

these guidelines does hot constitute a

one tribe, ICWA requires that the Indian determination for any other purpose or

tribe with which the Indian child has

situation.

(d) The tribe designated as the Indian

the more significant contacts be

child's tribe may authorize another tribe

designated as the Indian child's tribe,

(1) In determining significant

to act as a representative for the tribe in

a child custody case, including, for

contacts, the following may be

considered:

example, having the representative tribe

B.3, Who makes the determination as to

(i) Preference of the parents for

perform home studies or expert witness

whether a child 'is a .member of a tribe~

membership of the child;

services for the Indian child's tribe.

(a) Only the Indian tribe(s) of which

(ii) Length of past domicile or

When must a State court dismiss an

B.5.

it is believed a biological parent or the

residence on or near the reservation of

action?

child is a member or eligible for

each tribe;

Subject to B.B (emergency

m('lmbership may make the

(iii) Tribal membership of custodial

procedures), the following limitations

determination whether the child is a

parent or Indian custodian; and

(iv) Interest asserted by each tribe in

member of the tribe(s), is eligible for

on a State court's jurisdiction apply:

(a) The court must dismiss any child

response to the notice that the c)lild is

membership in the tribe(s), or whether

involved in a child custody proceeding; custody proceeding as soon as the court

a biological parent ofthe child is a

(d) When an Indian child is already a determines that it lacks jurisdiction.

member ofthe tribe(s).

(b) The court must make a

member of a tribe, but is also eligible for

(b) The determination by a tribe of

determination ofthe residence and

membership in another tribe, deference

whether a child is a member, is eligible

for membership, or whether a biological should be' given to the tribe in which the domicile of the Indian child. If either

the residence or domicile is on a

parent is or is not a member of that

Indian child is a: :inember, unless

reservation where the tribe exercises

otherwise agreed to by the tribes,

tribe, is solely within·the jurisdiction ·

exclusive jurisdiction over child

and authority of the tribe.

However, ifthe Indian child is not a

custody proceedings, the State court

member of any tribe, an opportunity

must dismiss the State court

authoritatively make the determination

should be provided to allow the tribes

proceedings, the agency must notify the

of whether a child is a member ofthe

to determine which of them should be

tribe of the dismissal based on the

tribe or is. eligible fbr membership in the designated as the Indian child's tribe,

tribe's exclusive jurisdiction, and the

tribe;

· (i) If the tribes are able to reach an .

(1) There is no requirement that the

agreement, the agreed upon tribe should agency must transmit an available

child maintain a certain degree of

be designated as the Indian child's tribe. · information regarding the Indian child

contacts with the tribe or for a certain

(ii) If the tribes do not agree, the

custody proceeding to the tribal court.

blo'od quantum or degree oflndian

following factors should be considered

domiciled ,or previously resided on an

blood.

in designathig the Indian child's tribe:

(2) A tribe need not formally enroll its

Indian reservation, the State court must

(A) The preference ofthe parents or

members for a child to be a member or

contact the tribal court to·determine

exten~ed family members who are

eligible for membership. In some tribes, likely to become foster care or adoptive

whether the child is a ward of the tribal

formal enrollment is not reqUired for

·court. If the child is a ward of a tribal

placements; and/or

· tribal membership. Some tribes do not

(B) Tribal membership of custodial · court, the State court must dismiss the

have written rolls and others have rolls

State court proceedings, the agency . ·

parent or Indian custodian; and/ or

that list only persons that were members

must notify the tribe ofthe dismissal,

domicile or residencil on or near the

and the agency must transmit all

· as· of a: certain date; ·See United States

v. Brancheau, 597 F.2d 1260, 1263 (9th

available information regarding the

reservation of each tribe; and/or

· (D) Whether there has been a previous Indian child custody proceeding to the

Cir. 1979). The only relevant factor is

adjudication with respect to the child by tribal court.

· whether the tribe verifies that the child

is a.member or eligible for. membership. a court of one of the tribes; and/or

. B·.6; What are th.e notice requirements

(E) Self-identification by the child;

(d) The State court 'may not substitute

for a child custody proceeding involving

and/or

its own determination regarding a·

an Indian child? . ·

(F) Availability of placements.

child's membership or eligibility for

(iii) In the event the child is eligible

(a) When an agency or court knows or

membership in a tribe or tribes,

for membership in a tribe but is not yet

has reason to know that the subject of

B.4. What is the procedure for

an involuntary child custody

a member of any tribe, the agency

determining an Indian child's tribe

proceeding is an Indian child, the

should take the steps necessary to

when the child is a member or eligible

agency or court must send notice of

obtain membership for the child in the

for membership in more than one tribe? tribe that is designated as the Indian

each such proceeding (including but not

(a) Agencies are required to notify all

child's tribe.

limited to a temporary custody hearing,

(3) Once an Indian tribe is designated any removal or foster care placement,

tribes, of which the child may be a

member or eligible for membership, that as the child's Indian tribe, all tribes

any adoptive placement, or any

the child is involved in a child custody

which received notice of the child

termination of parental or custodial

Page 26 of 178

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Federal Register/Val. 80, No. 37 /Wednesday, February 25, 2015 /Notices

rights) by registered mail with return

recaipt requested to:

(1) Each tribe where the child may be

a member or eligible for membership;

(2) The child's parents; and

(3) If applicable, the Indian custodian.

(b) Notice may be sent via personal

service or electronically in addition to

the methods required by the Act, but

such alternative methods do not replace

the requirement for notice to be sent by

registered mail with return receipt

requested.

[c) Notice must be in ale~ and

understandable language and include

the' following:

(1) Name ofthe child, the child's

birthdate and birthplace;

(2) Name of each Indian tribe(s) in

which the child is a member or may be

eligible for membership;

l3) A copy of the petition, complaint ·

or other document by which the

proceeding was initiated;

(4) Statements setting out:

(i) The name of the petitioner and

name and address of petitioner's

attorney;

(ii) The right ofthe parent or Indian

custodian to intervene in the

proceedings.

(i,ii) The Indian tribe's right to

intm:vene at any time in a State court

proceeding for the foster care placement

of or termination of a parental right.

. (iv) Ifthe Indian parent(s) or, if

applicable, !ndian custodian(s) is unable

to afford counsel based on a

determination of indigency by the court,

counsel will be appointed to represent

th~ parent or Indian custodian where··

authorized by State law.

(v) The right to be granted, upon

request, a specific amount of additional

time (up to 20 additio~al days} to

prepare for the proceedings due to

circumstances ofthe particular case.

(vi) T.\le right to petition the court for

traiisfer of the proceeding to tribal court

under 25 U.S.C. 1911, absent objection

by either parent: Provided, that such.

transfer is subjeCt to deClination by the

tribal court.

(vii) The mailing· addresses and

telephone numbers of the court and

information related to all parties to the

proceeding and individuals notified

under fhis section.

(viii) The potential legal

consequences of the 'proceedings on the

future custodial and parental rights of

the Indian parents or Indian custodians.

(d) In order to assist the Indian tribe(s)

in making a determination regarding

whether the child is a member or

eligible for membership, the agency oi:

court should include additional

information in the notice, such as:

(1) Genogranis or ancestry charts for

both parents, including all names

known (maiden, married and former

provide a translated version of the

names or aliases); current and former

notice or have the notice read and

addresses ofthe child's parents,

explained in a language that the parent

maternal and paternal grandparents and or Indian custodian understands. To

great grandparents or Indian custodians; secure such translation or interpretation

birthdates; places of birth and death;

support, a court or agency should

tribal affiliation including all known

contact the Indian child's tribe or the

Indian ancestry for individuals listed on local BIA agency for assistance in

the charts, and/or other identifying

locating and obtaining the name of a

information; and/or

qualified translator or interpreter.

(2) The addresses for the domicile and

(j) In voluntary proceedings, notice

residence of the child, his or her

should also be sent in accordance with

parents, or the Indian custodian and

this section because the Indian tribe

whether either parent or Indian

might have exclusive jurisdiction and/or

custodian is domiciled on or a resident

the right to intervene, Further, notice to

of an Indian reservation or in a

and involvement of the Indian tribe in

predominantly Indian community.

the early stages of the proceedings aids

(3) In the event that a parent has

the agency and court in satisfying their

requested anonymity, the agency and

obligations to determine whether the

court must take steps to keep

child is an Indian child and in

information related to the parent

complying with 25 U.S.C. 1915.

confidential and sealed from disclosure.

(k) If the child is transferred

(e) If the identity or location ofthe

interstate, regardless of whether the

Indian parents, India~ custodians or

Interstate Compact on the Placement of

tribes in which the Indian child is a

Children (ICPC) applies, both the

member or eligible for membership

originating

State court and receiving

cannot be ascertained, but there is

State court must provide notice to the

reason to believe the child is an Indian

tribe(s) and seek to verify whether the

child, notice of the child custody

child is an Indian child.

proceeding must be sent to the

· (l) The notice requirement includes .

appropriate Bureau oflndian Affairs

Regional Director (see www:bia.gov). To providing responses to requests for .

establish tribal identity, as much

· additional information, where available,

in the event that a tribe indicates that

information as is known regarding the

child's direct lineal ancestors should be such information is necessary to

determine whether a child is an Indian

provided (see section B.B.(c) ofthese

child.

guidelines regarding notice

requirements). The Bureau ofindian

B.7. What time limits and extensions .

Affairs will not make a determination of apply? .

tribal membership, but may, in some

(a) No hearings regarding decisions

instances, be able to identify tribes to

for the foster care or termination of

contact.

(f) Because child custody proceedings parental rights may begin until the

are usually conducted on a confidential . waiting periods to which the parents or

Indian custodians and to which the

basis, information contained in the

notice should be kept confidential to the Indian child's tribe are entitled have

passed. Additional extensions oftiine

extent possible.

may qlso be granted beyond the

(g) The original or a copy of each.

notice sent under this section should be minimum required by the Act.

. (b) A tribe, parent or Indian custodian

filed with the court together with any

return receipts or other proof of service, . entitled to notice ofthe pendency of a

child custody proceeding has a right,

(h) If a parent or Indian custodian ·

~pon request, to be granted an

appears in court without an attorney; ·

additional 20 days from the date upon

the court must inform him or her o'f t1io

which notice was received in

right to appointed counsel, the right to

accordance with 25 {).S.C. 1912(a) to

request that the proceeding be

prepare for participation in the

transferred. to tribal court, the right to

proceeding,

object to s4ch transfer, the right to

request additional time to prepare for

until all of the following dates have

the proceeding and the right (if the

passed:

parent or Indian custodian is not

(1)10 days after each parent or Indian

already a party) to intervene in the

custodian (or Secretary where the parent

proceedings.

(i) If the court or an agency has reason or Indian custodian is unknown to the

petitioner) has received notice in

to believe that a parent or Indian

accordance with 25 U.S.C. 1912(a);

custodian possesses limited English

proficiency and is therefore not likely to

(2) 10 days after the Indian child's

tribe (or the Secretary if the Indian

understand the contents ofthe notice,

the court or agency must, at no cost,

child's tribe is unknown to the party

Page 27 of 178

Federal Register /Vol. 80, No. 37 /Wednesday, February 25, 2015 /Notices

10155

(3) Immediately take and document

harm to the child. The court should

all practical steps to confirm whether

accept and evaluate all information

the child is an Indian child and to verify relevant to the agency's determination

the Indian child's tribe;

provided by the child, the child's

(4) Immediately notify the child's

parents, the child's Indian custodians,

parents or Indian custodians and Indian the child's tribe or any participants in

tribe of the removal of the child;

the hearing,

(5) Take all practical steps to notify

(f) Temporary emergency custody

the child's parents or Indian custodians should not be continned for more than

30 days. Temponiry emergency custody

and Indian tribe about any hearings

regarding the emergency removal or

may be continued for more than 30 days

only if: ·

emergency placement of the child; and

(6) Maintain records that detail the

(1) A hearing, noticed in accordance

with these guidelines, is held and

steps taken to provide any required ·

notifications under section B.6 of these

results in a determination by the court,

guidelines.·

supported by clear and convincing

(d) A petition for a court order

evidence and the testimony of at least

authorizing emergency removal or

one qualified expert witness, that

continued emergency physical custody

custody of the child by the parent or

must be accompanied by an affidavit

Indian custodian is likely to result in

containing the following information:

imminent physical damage or harm to

B.a. What'is the process for the

(1) The name, age and last known

the child; or

emergency removal of an Indian child?

(2) Extraordinary circumstances exist.

address of the Indian child;

(2) The name and address of the

(g) The emergency removal or

(a) The emergency removal and

emergency placement of an Indian child child's parents and Indian custodians, if placement must terminate as soon as the

in a foster home or institution under

any;

imminent physical damage or harm to

(3) If such persons are unknown, a·

the child which resulted in the

applicable State law is allowed only as

detailed explanation of what efforts

necessary to prevent imminent physical have

been made to locate them,

emergency removal or placement no

damage or harm to the child. This

· 1u d'mg not'ICe t o th e appropna

· te

longer exists, or, if applicable, as soon

requirement applies to all Indian

as the tribe exercises jurisdiction over

f ·

Bureau

ia!l

aus

Regiona

the case, whic.hever is earlier.

children regardless of whether they are

Director (see www.bia.gov);

domiciled or reside on a reservation,

(4) Facts necessary to determine the

(h) Oncfl an agency or court has

·This does not, however, authorize a

residence and the domicile ofthe Indian terminated the emergency removal or

State to remove a child from a

child;

placement, it must expeditiously:

reservation .whe.re a tribe exercises

(5) If either the residence or domicile

(1) Return the child to the parent or

exclusive jurisdiction.

is believed to be on an Indian

Indian custo'dian within one business

(b) Any emergency removal or

reservation, the name of the reservation,; .. day; or

emergency placement of any Indian

(6) The tribal affiliation ofthe child

(2) Transfer the child to the

child under State law must be as short

and of the parents and/or Indian

jurisdiction of the appropriate Indian

as possible. Each involved agency or

custodians;

tribe if the child is a ward of a tribal

court must:

(7) A specific and detailed account of court or a. resident of or domiciled on

(1) Diligently investigate and

a reservation; or

the circumstances that led the agency

. document whether the removal or .

responsible for the emergency removal

(3) Initiate a child, custody proceeding

placement is proper and continues to be of the child to take that action;

subject to the provisions of the Ac:t and

necessary to prevent imminent physical

(8) If th!;l child is believed to reside

these guidelines,

.damage or harni.to the child;.

be domiciled on a reservation where the

(i) The court sho~ld allow, if it .

(Z) Promptly hql¢1 a hearing to hear

tribe exarcises exclusive jurisdiction

possesse:;; the capability, alternative

evidence and evaluate whether the

over child custody matters, a statement. methods of part~cipation in State court

removal o~ placement continues to be

of efforts that have been made and are

proceedings by family members and·

necessary whenever new information is being made to transfer the child to the · tribes, stwh as participation by.

received or. assertions are made that the tribe's jurisdiction;·

telephone, videoconfer!)ncing, or other

emergency situation' has ended; and

. (9) A statement of the specific activtJ . methods,

. (3) Immediately terminate the

efforts that have been taken to assist the B,9, What are the procedures for

emergency removal or placement once

parents or Indian custodians so the

· ·

child may safely be returned to their

etermmmg improper remova ? .

the court possesses sufficient evidence

to determine that the emergency has

custody; and

(a) If, in the course of any Indian child

ended.

(10) A statement ofthe imminent

custody proceeding, any party asserts or

physical damage or harm expected and

the court has reason to believe that the

emergency removal of a child whom the any evidence that the removal or

Indian child may have been improperly

agency knows or has reason to know is

emergency custody continues to be

removed from the custody of his or her

an Indian child, the agency must:

necessary to prevent such imminent

parent or Indian custodian, or that the

(1) Treat the child as an Indian child

physical damage or harm to the child.

Indian child has been improperly

until the court determines that the child

(e) At any court hearing regarding the retained, such as after a visit or other

is not an Indian child;

emergency removal or emergency

temporary relinquishment of custody,

placement of an Indian child, the court

(2) Conduct active efforts to prevent

the court must immediately stay the

the breakup ofthe Indian family as early must determine whether the removal or proceeding until a determination can be

made on the question of improper

as possible, including, if possible, before placement is no longer necessary to

prevent imminent physical damage or

removal or retention, and such

removal ofthe child;

seeking placement) has received notice

in accordance with 25 U.S.C. 1912(a);

(3) 30 days after the parent or Indian

custodian has received notice in

accordance with 25 U.S.C. 1912(a), if

the parent or Indian custodian has

requested an additional 20 days to

prepare for the proceeding; and

(4) 30 days after the Indian child's

tribe has received notice in accordance

with 25 U.S. C. 1912(a), ifthe Indian

child's tribe has requested an additional

20 days to prepare for the proceeding.

(d) The court should allow, if it

possesses the capability, alternative

methods of participation in State court

proceedings by· family members and

tribes, such as participation by

telephone, videoconferencing, o.r other

'methnds.

Page 28 of 178

10156

Federal Register/Val. 80, No. 37/Wednesday, February 25, 2015/Notices

belief or assertion must be stated on the D. Adjudication of Involuntary

record or in writing and made available Placements, Adoptions, or Terminations

or Terminations of Parental 'Rights

to the parties who are petitioning for

transfer.

D.l. Who has access to reports or

(b) Any party to the proceeding must

records?

have the opportunity to provide the

(a) The court must inform each party

court with views regarding whether

to a foster care placement or termination

good cause to deny transfer exists.

of parental rights proceeding under

exists, the court may not consider

his or her right to timely examination of

whether the case is at an advanced stage all reports or other documents filed with

or whether transfer would result a

G. Procedures for Making Requests for

the co:urt and all files upon which any

change in the placement ofthe child

Transfer to Tribal Court

decision with respect to such action

because the Act created concurrent, but may be based.

C.l. How are petitions for transfer of

presumptively, tribal jurisdiction 'over

(b) Decisions of the court may be

proceeding made?

proceedings involving children not

based only upon reports, documents or

(a) Either parent, the Indian

residing or domiciled on the

testimony presented on the record.

custodian, or the Indian child's tribe

reservation, and seeks to protect, not

may request, orally on the record or in

only the rights of the Indian child as an D.2. What steps must a party take to

petition a State court for certain actions

writing, that the State court transfer

Indian, but the rights oflndian

involving an Indian child?

each distinct Indian child custody

communities and tribes in retaining

proceeding to the tribal court of the

Indian children. Thus, whenever a

(a) Any party petitioning a State court

child's tribe.

parent or tribe seeks to transfer the case for foster care placement or termination

(b) The right to request a transfer

it is presumptively in the best interest

of parental rights to an Indian child

occurs with each proceeding. For

of the Indian child, consistent with the

must demonstrate to the court that prior

example, a parent may request a transfer Act, to transfer the case to the

to, and until the commencement of, the

to tribal court during the first

jurisdiction of the Indian tribe.

proceeding, active efforts have been

proceeding for foster placement and/or

made to avoid the need to remove the

(d) In addition, in determining

at a proceeding to determine whe.ther to whether there is good cause to deny the Indian child from his or her parents or

continue foster placement, and/or at a

Indian custodians and show that those

transfer, the court may not consider:

. later proceeding, for example at a

efforts hav,e been unsuccessful.

(1) The Indian ohild's contacts with

hearing for termination of parental

(b) Active efforts must be documented

tho tribe or reservation;

rights.

in detail and, to the extent possible;

(2) Socio-economic conditions or any should involve and use the available

available at any stage o,f an Indian child perceived inadequacy of tribal or

· resources of the extended family, the

. Bureau oflndian Affairs social services

custody proceeding, including during

child's Indian tribe, Indian social

judicial

systems;

any period of emergency removal.

service agencies and individual Indian

(3) The tribal court's prospective

(d) The court should allow, if

care givers."

placement for the Indian child ..

possible; alternative methods of

D.3,

What are the applicable standards

participation in State court proceedings

(e) The burden of establishing good

of evidence?

by family members and tribes, such as

cause not to transfer is on the party

(a) The. court may not issue an order

participation by telephone,

opposing the transfer.

effecting a foster care placement of an

videoconferencing, or other methods.

C.4. What happens when a petition for

Indian child linless clear and

C.z. What are the criteria and

transfer is made?

·convincing evidence is presented,

procedures for'ruling on transfer

(a) Upon r~ceipt of a transfer petition including the testimm;y of one or more

petitions?

the State court must promptly notify the qualified expert witnesses,

.· (a) Upon receipt of a petition to

tribal court in writing of the transfer · demonstrating that the child's

transfer by a parent, Indian custodian or petitiort and request a response

continued custody with the child's

the Indian child's tribe, the State court

parents

or Indian custodian is likely to

regarding whether the tribal court

result in serious harm to the child.

must transfer the case unless any of the· wishes to decline the transfer. The .

'(b) The court may not order a

following criteria are met:

notice should' specify how much time

termination

of parental rights unless the

(1) Either parent objects to such

the tribal court has to make its df;lcision;.

·court's order is supported by evidence

transfer;

provided that the tribal court has at least

beyond a reasonable doubt, supported

(2) The·.tribal court declines the

20 days from the receipt of notice ofa

' by the testimony of one or more

transfer; or

transfer petition to decide whether to

qualified expert witnesses, that

(3) The court determines that good

accept or decline the transfer.

continued custody of the child by the

cause exists for denying the transfer,

(b) The tribal court should inform the parent or Indian custodian is likely to

(b) To minimize delay, the court

result in serious harm to the child.

should expeditiously provide all records State court of its decision to accept or

decline jurisdiction within the time

related to the proceeding to the tribal

required or. may request additional time; must show a causal relationship

court.

provided that the reasons for additional between the existence of particular

C.3. How is a determination of "good

time are explained.

conditions in the home that are likely to

cause" made?

result in serious emotional or physical

damage to the particular child who is

transfer, the State court should

(a) If the State court believes, or any

the subject of the proceeding. Evidence

promptly provide the tribal court with

party asserts, that good cause not to

that shows only the existence of

all court records.

transfer exists, the reasons for such

determination must be conducted

expeditiously.

(b) If the court finds that the Indian

child was improperly removed or

retained, the court must terminate the

proceeding and the child must be

returned immediately to his or her

parents or Indian custodian, unless

returning the.child to his parent or

custodian would subject the child to

imminent physical damage or harm.

Page 29 of 178

Federal Register /Vol. 80, No. 37 /Wednesday, February 25, 2015 /Notices

community or family poverty or

isolation, single parenthood, custodian

age, crowded or inadequate housing,

substance abuse, or nonconforming

social behavior does not by itself

constitute clear and convincing

evidence that continued custody is

likely to result in serious emotional or

physical damage to the child.

D.4. Who may serve as a qualified

expert witness?

E.2. How is consent to termination of

parental rights, foster care placement or

adoption obtained?

(a) A voluntary termination of

parental rights, foster care placement or

adoption must be executed in writing

and recorded before a court of

competent jurisdiction.

(b) Prior to accepting the consent, the

court must explain the consequences of

the consent in detail, such as any

conditions or timing limitations for

withdrawal of consent and, if

applicable, the point at which such

consent is irrE;tvocable.

accompany a written consent and must

certify that the terms and consequences

of the consent were explained in detail

in the language of the parent or Indian

custodian, if English is not the primary

language, and were fully understood by

the parent or Indian custodian.

(d) Execution of consent need not be

made in open court where

confidentiality is requested or indicated.

(e) A consent given prior to or within

10 days after birth of the Indian child is

not valid.

10157

prior to entry of a final decree of

voluntary termination or adoption,

whichever occurs later. To withdraw

consent, the parent must file, in the

court where the consent is filed, an

instrument executed under oath

asserting his or her inh,mtion to

withdraw such consent.

(b) The clerk of the court in which the

withdrawal of consent is filed must

promptly notify the party by or through

whom any preadoptive or adoptive

placement has been arranged of such

filing and the child must be returned to

the parent or Indian custodian as soon

as practicable.

(a) A qualified expert witness should

have specific knowledge of the Indian

tribe's culture and ·customs.

(b) Persons with the following

characteristics, in descending order, are

F. Dispositions

presumed to meet the requirements for

F.1. When do th!ol placement preferences

a qualified expert witness:

·apply?

(1) A member ofthe Indian child's

(a) In any preadoptive, adoptive or

tribe who is recognized by the tribal

foster care placement of an Indian child,

community as knowledgeable in tribal

the Act's placement preferences apply;

customs as they pertain to family .

except that, if the Indian child's tribe

organization and childrearing practices.

has established by resolution a different

(2) A member of another tribe who is

order of preference than that specified

recognized to be a qualified expert

the Act, the agency or court effecting

witness by the Indian child's tribe based

the plac~ment must follow the tribe's

on their knowledge of the delivery of

placement preferences~

chi~d and family services to Indians and

(b) The agency seeking a prea(ioptive,

E.3.

What

information

should

consent

theindian child's tribe.

adoptive or foster care placement of an

document contain?

(3) A layperson ~ho is recognized by

Indian child must always follow the

(a) The consent document must

the Indian child's tribe as having

placement preferences. If the agency

contain

the

name

and

birthdate

the

substantial experience in the delivery of

determines that any of the preferences

Indian child, the name ofthe Indian

child and family services t9 Indians,

cannot be met, the agency must

child's

tribe,

identifying

tribal

and knowledge of prevailing social and

demonstrate through clear and

enrollment number, if any, or other·

cultural standards and childJ;earing

convincing

evidence that a diligent

practices within the Indian child'~ tribe. indication ofthe child's membership in search has been conducted to seek out

the

tribe,

and

the

name

and

address

(4) A_ professional person having

and identify placement options that

. substantial education and experience in the consenting parent or Indian ·

would satisfy the placement preferences

custodian.

there

are

any

conditions

the area of his or her specialty who can

the consent, the consent document must specified in sections F.2. or F.3. of these

de.monstrate knowledge of the

guidE!lines, and explain why the

set out the conditions. ·

. prevailing social and cultural standards clearly

(b) A consent to foster care placement preferences could not be met. A search

and ahildrearing practices within the

should inClude notification about the

should contain, in addition to the

Indian child's _tribe.

placement hearing arid an explanation

information specified in subsection (a),

of the actions that must be taken to

· propose an alternative placement to:

the assistance of the "Indian child's tribe entity by or through Whom the

("1,) The Indian child's parents 9r

or the Bureau of Indian Affairs agency

placement was arranged, if any, or the

Indian custodians;·

serving the Indian child's tribe in

name and· address ofthe prospective

(2) All ofthe known, or reasonably

locating persons qualified to ser'Ve as

foster parents, if known at the time.

identifiable, members· of the Indian

exp·ert witnesses.

E.4. How is withdrawal of consent

child's extende.d family members;

E. Voi~ntary Proceedings

achieved in a voluntary foster care

(3) The Indian child's tribe;

placement? .

(4) In the case of a foster care or

E.1. What actions must an agency and

preadoptive placement:

State court undertake in voluntary

(a) Withdrawal of consent must bo

(i) All foster homes licensed, .

proceedings?

filed in the same court where the

approved, or specified by the Indian

consent document was executed.

(a) Agencies and State courts inust ask

(b) When a parent or Indian custodian child's tribe; and

whether a child is an Indian child in

(ii) All Indian foster homes located in

withdraws consent to foster care

any voluntary proceeding under

the Indian child's State of domicile that

placement, the child must be returned

sections B.2. to B.4. ofthese guidelines. to that parent or Indian custodian

are licensed or approved by any

authorized non-Indian licensing

(b) Agencies and State courts should

immediately.

authority.

provide the Indian tribe with notice of

E.5. How is withdrawal of consent to a

the voluntary child custody

voluntary adoption achieved?

anonymity, the court should consider

proceedings, including applicable

(a) A consent to termination of

pleadings or executed consents, and

whether additional confidentiality

protections are warranted, but a request

parental rights or adoption may be

their right to intervene under section

withdrawn by the parent at any time

for anonymity does not relieve the

B. B. of these guidelines.

·I

Page 30 of 178

10158

Federal Register I Vol. 80, No. 37 /Wednesday, February 25, 2015 /Notices

agency or the court of the obligation to

comply with the placement preferences.

(d) Departure from the placement

preferences may occur only after the

court has made a determination that

good cause exists to place the Indian

child with someone who is not listed in

the placement preferences.

(e) Documentation of each

preadoptive, adoptive or foster care

placement of an Indian child under

State law must be provided to the State

for maintenance at the agency. Such

documentation must include, at a

minimum: the petition or complaint; all

substantive orders entered in the

proceeding; the complete record of, and

basis for, the placement determination;

and, if the placement Q.eviates from the

placement preferences, a detailed

explanation of all efforts to comply with

the placement preferences and the court

order authorizing departure from the

placement preferences.

program suitable to meet the child's

needs.

F.4. How is a determination for "good

cause" to depart from the placement

preferences made?

(a) If any party asserts that good cause

not to follow the placement preferences

exists, the reasons for such belief or

assertion must be stated on the record

or in writing and made available to the

parties to the proceeding and the Indian

child's tribe.

(b) The party seeking departure from

the preferences bears the burden of

proving by clear and cmivincing

evidence the existence of "good cause"

to deviate from the placement

preferences.

depart from the placement preferences

must be based on one or more of the

following considerations:

(1) The request ofthe parents, if both

parents attest that they have reviewed

F.2. What placement preferences apply

the placement options that comply with

in adoptive placements?

the order of preference.

(a) In any adoptive placement of an

(2) The request of the child, if. the

Indian child under State law, preference child is able to understand and

must be given in descending order, as

comprehend the decision that is being

listed below, to placement of the child

made.

with:

(3) The extraordinary physical or

(1) A member of the child's extended. emotional needs of the child, such as

family;

specialized treatment services that may

(2) Other members of the Indian ·

be unavailable in the community where

child's tribe; or

families who meet the criteria live, as

(3) Other Indian families, including

established by testimony of a qualified·

families of unwed individuals.

expert witness; provided that

(b) The court should, where

extraordinary physical or emotional

appropriate,. also consider the

needs of the child does not include

preference ofthe Indian child or parent.

ordinary bonding or attachment that

F.3. What placement prefe~ences apply

may have occurred as a result of a

in foster care or preadoptive

placement Qr the fact th(lt the child has,

placements?

for an extended amount of time, been in

another placement that does not comply

In any foster care or preadoptive

with the Act. The good cause .

placement of an Indian child:

determination does not include an

(a) The child must be placed in the

independent consideration of the best ·

least restrictive setting that:

interest ofthe Indian child be'cause the

(1) Most approximates a family;

preferences reflect the best interests of

(2) Allows his or her special needs to

an Indial.l child in light of the purposes

be met; and

. (3) Is in reasonable proximity to his or of the Act.

(4) The unavailability of a placement

her home, extended family, and/or

after a showing by the applicable agency

siblings.

in accordance with section F.1., and· a

(b) Preference must be given, in

determination by the cpurt that active

descending order as listed below, to

efforts have been made to find

placement of the child with:

placements meeting the preference

(1) A member ofthe Indian child's

criteria, but none have been located. For

extended family;

(2) A foster home, licensed, approved purposes of this analysis, a placement

may not be considered unavailable ifthe

or specified by the Indian child's tribe,

placement conforms to the prevailing

whether on or off the reservation;

(3) An Indian foster home licensed or social and cultural standards of the

Indian community in which the Iridian

approved by an authorized non-Indian

child's parent or extended family

licensing authority; or

resides or with which the Indian child's

(4) An institution for children

approved by an Indian tribe or operated parent or extended family members

by an Indian organization which has a

maintain social and cultural ties.

(d) The court should consider only

whether a placement in accordance with

the preferences meets the physical,

mental and emotional needs of the

child; and may not depart from the

preferences based on the socioeconomic status of any placement

relative to another placement.

G. Post-Trial Rights

G.1. What is the procedure for

petitioning to vacate an adoption?

(a) Within two years after a final

decree of adoption of any Indian child

by a State court, or within any longer

period of time permitted by the law of

the State, a parent who executed a

consent to termination of. paternal rights

or adoption of that child may petition

the court in which the final adoption

decree was entered to vacate the decree

and revoke the consent on the grounds

that consent was obtained by fraud or

duress, or that the proceeding failed to

comply with ICWA.

(b) Upon the filing of such petition,

the court must give notice to all parties

to the adoption proceedings and the

Indian child's tribe.

the petition.

(d) Where the court finds that the

parent's consent was obtained through

fraud or duress, the court must vacate

the decree of adoption, order the

consent revoked and order that the child

be returned to the parent. .· ··

G.2. Who can make a petition to

· ·

invalidate an action?

(a) Any of the following may,petition

any court of competent jurisdiction to

invalidate an action for foster care

placement or termination of parental

rights where it is alleged that the Act

has been violated:

(1) An Indian child who is the subject

of any action for foster care placement.

or terJ;Ilination of parental rights;

(2) A parent or Indian custodian from

whose custody such child was removed;

and .

(3) The Indian child's tribe.

(b) Upon a showing that an action for

foster care placement.or termination of.

parental rights violated any provision of

25 U.S.C. 1911, 1912, or 1913, the court

must determine whether it is

appropriate to invalidate the action.

particular party's rights under the Act

be violated to petition for invalidation;

rather, any party may challenge the

action based on violations in

implementing the Act during the course

of the child custody proceeding. For

example, it is acceptable for the tribe to

petition to invalidate an action because

Page 31 of 178

Federal Register /Vol. 80, No. 37 /Wednesday, February 25, 2015 /Notices

10159

(1) A final decree of adoption of an

it violated the rights of a parent, or for

substantive orders entered in the

a parent to petition to invalidate an

proceeding, and the complete record of

Indian child has been vacated or set

action because the action violated the

the placement determination.

aside; or

(2) The adoptive parent has

statutory rights ofthe tribe, ICWA is

Dated: February 19, 2015,

designed to provide rights to ensure that voluntarily consented to the termination Kevin K. Washburn,

of his or her parental rights to the child;

tribes, parents, and children are

Assistant Secretary-Indian Affairs.

protected. In light of Congressional

[FR

Doc, 2015-03925 Filed 2-24-15; 8:45am]

(3) Whenever an Indian child is

findings in ICWA, it is presumed that

BILLING CODE 4310-4J-P

the Indian child is disadvantaged if any removed from a foster care home or

institution to another foster care

of those rights are violated.

placement, preadoptive placement, or

(d) The court should allow, if it

DEPARTMENT OF THE INTERIOR

adoptive placement.

possesses the capability, alternative

(b)

The

notice

must

inform

the

methods of participation in State court

National Park Service

recipient of the right to petition for

proce13dings by family members and

return of custody of the child.

· [NPS-PWR-'-PWR0-17253;

tribes, such as participation by

PX.PD0771601.00.4]

telephone, videoconferencing, or other

waive his or her right to such notice by

methods.

Draft Environmental Impact Statement

executing a written waiver of notice

G.3. What are the rights of adult

filed with the court. The waiver may be for Alcatraz·Ferry Embarkation Plan,·

San Francisco County, California.

adoptees?

revoked at any tinie by filing 'with the

court a written notice of revocation. A

AGEN.CY: National Park Service, Interior,

(a) Upon application by an Indian

individual who has reached age 18 who revocatio~ ofthe right to receive notice

A.CTION: Notice of availability.

does not affect any proceeding which

was the subject of an adoptive

SUMMARY: The National Park Service

occurred before the filing of the notice

placement, the court that entered the

(NPS) has prepared a Draft

of revocation.

final decree must inform such

Environmental

Impact Statement (DEIS)

individual of the tribal affiliations, if

G.5. What information must States

for the Alcatraz Ferry Embarkation

any, of the individual's biological

furnish to the Bureau of Indian Affairs?

project. The project would establish a

parents and provide such other

(a) Any state entering a final adoption new, long-term ferry embarkation site

information necessary to protect any

for passenger service between the

decree or order must furnish a copy of

rights, which may include tribal

northern San Francisco·waterfront and

the decree or order to the Bureau of

membership, resulting from the ··

Indian Affairs, Chief, Division of Human Alcatraz Island, It would also establish

individual's tribal relationship.

Services, 1849 C Street NW., Mail Stop

ocdasional spedial ferry. service between

(b) This section should be applied

4513 MIB, Washington, DC 20240, along t~e selected Alcatraz ferry embarkation

regardless of whether the original

site and the existing Fort Baker pier, as

with the following information:

adoption was subj~ct to the provisions

(1)

Birth

name

ofthe

child;

tribal

we)l

as between Fort Mason and other

ofthe Act.

affiliation and name df the child after

destinations in San Francisco Bay. ·

adoption;

DATES: 'All comments must be

revelation ofthe identity 'of the .

(2) Names and addresses ofthe

postmarked or transmitted not later than

. biological parent, assistance of the

biological parents;

90 days from the date of publication in

· Bureau oflndianAffairs should be

(3) Names and addresses of the ·

the Federal Register of the

sought to help an adoptee who is

adoptive parents;

Environmental Protection Agency's

eligible for membership in a tribe to

(4) Name and contact information for . notice of filing and release of the DEIS.

become a tribal member without

any agency having files or information

Upon confirmation of this date, we will

breaching the Privacy ACt or

relating to the adoption;

notify all entities on the project mailing

confidentiality of the record.

(5) Any affidavit signed by the

list, and public announcements about

(d) 1n $tates where adoptions remain

biological parent or parents asking that

the DEIS revievy period will be posted

closed, the relevant agency should, at a

their identity remain confidential; and . on the project Web site (http://

minimu~, comm~nicate directly with .

(6) Any information relating to. the

parkplanning.nps.govl

.the tribe'.s enrolhrient office and provide enrollment or eligibility for enrollment

ALCAembarkation) and distributed via

the information necessary to facilitate

of the adopted child.

local and regional press media.

the establishment of the adoptee's tribal

(b) Confidentiality of such

FOR FURTHER INFORMATION .CONTA.cT:

. membership.. .

information must be maintained and is

Please conta'at the Golden Gate National

(e) Age~cies should work with the

not subject to the Freedom of

Recreation Area Planning Division· at

tribe to identify at least one tribal

Information Act, 5 U.S.C. 552, as

_(415) 561-4930 or gaga_planning@

designee familiar with 25 U.S. C. 1917 to amended.

nps.gov.

assist adult adoptees statewide with the

SUPPLEMENTARY INFORMATION: The

process of reconnecting with their tribes G.6. How inust the State maintain

records?

purpose and need for the project is

and to provide information to State

driven by the following factors: (1)

(a) The State must establish a single

judges about this provision on an

Alcatraz Island ferry service has been

location where all records of every

annual basis.

subject to location changes every.10

voluntary or involuntary foster care,

G.4. When must notice of a change in

years, which has led to visitor

preadoptive placement and adoptive

child's status be given?

confusion, community concerns, and

placement of Indian children by pourts

(a) Notice by the court, or an agency

inconsistency in visitor support

of that State will be available within

authorized by the court, must be given

services, The site and associated

seven days of a request by an Indian

to the child's biological parents or prior child's tribe or the Secretary.

connections should be a consistent

Indian custodians and the Indian child's

feature for visitors to Golden Gate

(b) The records must contain, at a

minimum, the petition or complaint, all National Recreation Area (GGNRA). (2)

tribe whenever:

Page 32 of 178

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

I 26 I 17

2. General Information:

Session:

Open

0 Executive- See instructions for the applicable laws, then choose one:

AgendaHeader:

~~R~ep~o_rt_s______________________________________________________~~

D Accept as Information only

[g] Action- please describe:

~ccept Environmental Resource Board's FY '1 7 1st quarter report.

3. Supporting Materials

~ Report

0 Resolution

Contract

0 Other:

1~ERB FY '1 7 1st Quarter Report

Business Committee signature required

4. Budget Information

[g] Budgeted -Tribal Contribution

Budgeted- Grant Funded

Unbudgeted

5. Submission

A~o~~S~mm/~~~

~~e_h_a_s_si_H_i_I~_C_o_u_n_d_I_M_e_m_b_e_r________________________________~B~1

Primary Requestor/Submitter:

Chad Wilson, Project Manager I Envionmental Resource Board

Your Name, Title I Dept. or Tribal Member

Additional Requestor:

Marlene Garvey, Chairwoman I Environmental Resource Board

Name, Title I Dept.

Additional Requestor:

Name, Title I Dept.

Page 1 of2

Page 33 of 178

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

1st quarter report for FY '17 for the Envrionmental Resource Board

1) Save a copy ofthis form for your records.

I Save a Copy... ]

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page2 of2

Page 34 of 178

ENVIRONMENTAL RESOURCE BOARD

FY ’17 1st Quarter Report: October, November, December

Marlene Garvey, Chair

Shawn Skenandore

Tom Oudenhoven

ERB MEMBERSHIP

Al Manders, Vice-Chair

Ted Hawk

Richard Baird

Megan White, Secretary

Gerald Jordan

Nicole Steeber

Oneida Business Committee Liaison: Councilman Tehassi Hill

MINUTES

Action Taken October 6:

• Motion to approve recommendation for bag limits at Onyota'a:ka lake of 5

bluegill, 2 catfish, and 1 walleye with possession limits being double those

amounts.

• Motion to approve feast permit for community event.

Hearing on October 18

• Citation hearings regarding violations of Domestic Animals Ordinance & Hunting,

Fishing, and Trapping Law.

Action Taken November 3:

• Motion to approve draft law and draft regulations for Hunting, Fishing and

Trapping developed in coordination with Conservation and Attorney

Krystal John.

Hearing on November 17

• Citation hearings regarding violations of Domestic Animals Ordinance & Hunting,

Fishing, and Trapping Law.

Action Taken December 1:

• Motion to approve extension of feast permit for community event.

FINANCIALS

Tribal Contribution

Period 01 October

Period 02 November

Period 03 December

$ 258,910.00

$ 18,411.90

$ 21,253.01

$ 21,329.39

Page 35 of 178

SUMMARY OF ACTIVITIES

▀ ERB holds citation hearings to ensure the enforcement of health and safety

measures for the Oneida community.

▀ Development of citation database for improved tracking and collection of

citations and associated fines.

▀ Continue work on Hunting, Fishing, and Trapping Law and Regulations to

streamline law and separate regulations from the law; and attendance at public

hearing for the law.

▀ Communication on Public Use of Tribal Lands Law and promotion of natural

areas for community use.

▀ Onyota'a:ka Lake management activities, planning for Phase II, annual report

draft, and review additional recreation amenities.

▀ Participation in the initiatives of the Wellness team to improve nutrition,

recreation, and flex-time for fitness opportunities.

▀ Back Forty Mine conference and review of issues related to siting of mine in

Menominee County, MI.

▀ Silver Creek Project Team coordination meetings for implementation of nonpoint strategies to reduce phosphorous inputs to streams from agricultural fields.

▀ Multi-year planning for Soil Health and Enhanced Nutrient Management via

Oneida Sustainable Resource Advisory Council (OSRAC), to promote

environmental quality and economic vitality on Oneida farm lands, and to assist

on preliminary draft Agriculture Plan.

▀ Participate with the DOE Solar Deployment Grant review team.

▀ Other interdepartmental team activities or coordination efforts that arise on a shortterm basis to meet the vision of the Oneida Nation.

GOALS

GOAL STATEMENT

Provide the Oneida community with environmental education through community

events and educational outreach. These will include local, regional, and national

issues.

Monitor environmental and other projects for compliance with community goals,

support Sustainable Community development projects and energy efficiency

program development, and appropriately manage grant commitments.

Continue updates and reviews of the Hunting, Fishing, and Trapping Law and

regulations, the Domestic Animals Ordinance, the ATV Law, the Water Resources

Ordinance, the Public Use of Tribal Lands Law, and other policies regarding

environmental stewardship.

Page 36 of 178

OBJECTIVES

OBJECTIVE STATEMENT

MEASUREMENT

COMPLETION GOAL

DATE

(above)

Provide coordination

Ongoing

with EH&SD,

Engineering, and

Planning.

Interdepartmental

January, 2017

coordination

Community outreach regarding

Onyota'a:ka Lake management and

natural areas.

Creation of Citations Database to

better manage and track violations

and fine payments.

Hearing body for citations issued for Providing a reliable 5 citations

Hunting, Fishing, and Trapping Law and dependable

heard this

and Domestic Animals ordinance.

hearing structure

quarter.

MEETING REQUIREMENTS

The ERB currently holds meetings once a month. Meetings are normally held on the

1st Thursday of each month. Hearings are held as required. ERB also attends

Business Committee meetings, other public meetings, and performs volunteer service in

the community as required or deemed appropriate by the ERB. Yaw^ko!

Page 37 of 178

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

01 / 26

/ 17

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Reports

Accept as Information only

Action - please describe:

Motion to accept Oneida Library Quarterly Report for Oct. Nov. Dec. 2016

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Liaison: Fawn Billie

Primary Requestor:

Dr. Carol A. Cornelius, secretary Oneida Library Board

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Page 38 of 178

ONEIDA COMMUNITY LIBRARY BOARD

QUARTERLY REPORT Oct. Nov. Dec. 2016

MISSION STATEMENT: Provide for the informational needs of the Oneida Community while building a

collection that reflects our unique Oneida heritage. All persons will have access to current, balanced materials,

services and programs that will enrich their information, cultural and recreational needs.

NAME OF BOARD:

Oneida Community Library Board

CONTACT:

Roxanne Anderson, Vice Chairperson

MEMBERS:

Roxanne Anderson, Vice Chairperson

Dr. Carol Cornelius, Secretary

Bridget John , Member

Dylan Benton, Member

Jennifer Hill, Member

BC LIAISION:

Fawn Billie

MINUTES:

The following meeting minutes have been approved by the Oneida Community Library Board and sent to Kathy

Metoxen and Fawn Billie:

Oct. 12, 2016, Nov. 16, , 2016,

Dec. 21, 2016

ACTION TAKEN:

The Board meets at the Library, the second Wednesday of the month at 4:30 p.m.

HIGHLIGHTS OF THE LIBRARY

October, 2016

* National Literacy Month celebrated on the 24th with an event called Fiesta Day with games, prizes and

craft shared by families with 58 community members enjoying the festivities. The Library participated in

the "Big Apple Fest" with about 1,200 kids stopping at the library stand to do crafting. Great job library

staff!! Green Earth is working with Head Start and Kim was invited to Head Start's family fest on Oct.

22nd. Green Earth is starting to get new patrons from recommendations at Barnes & Nobles.

* Setting up a committee to plan the advertizing for the Elder CD interviews donated by Madeline Genskow

*Update on OWLSNET resolution to send outstanding bills over $50.00 to a collection agency This has

passed at the OWLSNET level. This is being checked over by the Oneida Law office. Current Library

procedures include sending a letter of notification, and if no response then a bill is sent.

*Patron count: 3,050, plus 1,200 from "Big Apple Fest" total: 4,250

Nov. 2016

Brooke Beltran and Lou Williams attend ATALM (Association of Tribal Archives, Libraries, and Museums)

convention in Arizona Oct. 9-12. The theme: Culture Builds Communities. Brooke Beltran gave a

presentation on the workshops she attended: Super Like Me for youth and marvel comic books using Native

themes; Protecting staff, visitors, collections; Engaging tribal communities with film and media; Choctaw

beading station, Seed paper making embedded seeds to plant next spring which includes the persons wishes

and dreams, Culturally responsive summer reading programs; Engaging youth with aerosol art; Bridging the

gap of time and culture using on- line games which includes making a story board of the community on the

computer; Create coding for on-line games including events.

*Lou Williams attend workshops on Protecting staff, visitors and collections; Native Knowledge 360 by

Director of National Museum of American Indians on their creation of a web-based platform for new resources

Page 39 of 178

that will feature multi-media classroom materials and on line educational programs to support traditions and

contemporary initiatives by Native people themselves. This web-site supports STEM, language arts, math,

science in history, geography, civics, economics, science and engineering.

www.AmericanIndian.si.edu/education. Developing a Culturally appropriate Children's Literature Collection;

History in 4D: Digital training thru share memory, Engaging tribal Communities to start film and media

programs.

*Kim Cackowski from Green Earth presented information on code.org which is a world-wide initiative to

interest kids in computer science and computer engineering. There is a high school AP class on commuter

science with 30,000 student taking the class only 17 Native American females, and 109 Native American

males taking the class. Computing jobs are #1 source of new wages in the U.S. STEM: 71% of jobs are in

computers. She showed photo's of a 6 year old girl and several boys creating coding on the computer. They

also participate in Robotics creating commands and the Robotics carries out the command. Green Earth will

be connected to fiber optic very soon which will triple the speed on computers.

Patron Count: 3,108

Dec. 2016

* 5 boys were involved in a sling shot incident which resulted in a pebble damaging a computer screen valued

at $150.00. Procedures are to write an incident report, then call OPD (if necessary), sent letter to parents, can

be suspended from using the library for a number of days.

* DPW completed a required building evaluation. The Library is the seconded oldest building on their list.

They found a few leaks, a few small safety issues, and there's definitely not enough room for everything and

the meeting room should be cleared out.

* An idea was raised to work with the Elders to provide a mobile library. A meeting is set for second week in

January to discuss.

* Regular weekly events are well attended including Oneida Language Class, Toddler Tuesday program for

story and crafts, Wednesday net night bring in kids, Three Sisters has been using their field trips to visit the

main library.

*November event was "Swa nah nu" (We all fill it) meaning eating, Louis Williams Jr. talked about some

longhouse traditions.

*Free books were handed out to those interested.

* Library staff continues to take classes at NWTC, and on-line to improve their knowledge.

*Green Earth has had six classrooms visit this month during National Native American Heritage month. They

watched video on three sisters garden and white corn by Oneida Digital Media on YouTube. They read Brown

Bear, Brown Bear utilizing Oneida language as they studied bears habits. Flying Leaf community Center

works with the Green Earth with Minecraft and outreach for STEM with legos. They celebrate native

American Heritage Month with Children's Native American Literature Story time, corn husk doll making, and

a beading circle.

*Code.org was introduced to share computer engineering skills and the children code their own games.

* The Library Board discussed ideas for informing the community and having them listen to the Elder

Interview tapes donated by Madeline Genskow. The number of tapes for each person:

Ruth Baird 4 tapes

Isaiah Cornelius 2 tapes

Anna John 2 tapes

Amos Christjohn 8 tapes and Oneida language lessons

Ideas: Eventually put on Library Web site. Kymberly updates this site.

Schedule listening sessions

Boom boxes for listening are available

It would be nice to have a visual picture of each person interviewed and a biography,

perhaps this could become a power point.

Next step is to clarify the permission statements if they are available at the Museum.

Patron Count: 3,102

Page 40 of 178

FINANCIAL:

All library budgets have a positive variance.

The Library will continue to apply for grants and will follow purchasing guidelines to stay within the budget.

The Library is taking great care to abide by cost containment guidelines.

SPECIAL EVENTS AND TRAVEL:

Reference Highlights of the Library above.

UPCOMING EVENTS

Planning a series of workshops on: 1) climate change with the Environmental department; 2) Longhouse,

Tradition, History and Protocol, and, 3) Elder interview tapes.

PERSONAL COMMENTS:

The Library Board would like to acknowledge the dedicated staff at the Library who continue to increase their

knowledge and skills by taking classes and attending workshops and conferences.

The Board would like to commend the Library Staff for the valuable services they provide to the community.

The Oneida Library provides a safe, welcoming, and positive place for our young people and the community.

The Oneida Library provides a hub of activities for families and the community.

Page 41 of 178

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

I 26 I 17

2. General Information:

Session:

[g] Open

Agenda Header:

D Executive- See instructions for the applicable laws, then choose one:

Reports

L-~------------------------------------------------------------~

Accept as Information only

D Action - please describe:

Acceptance of 1st Quarter Report for the Oneida Personnel Commission

October 2016-December 2016

3. Supporting Materials

[g] Report

D Resolution

D Contract

D Other:

1.jminutes

2.jR & E's

D Business Committee signature required

4. Budget Information

D Budgeted- Tribal Contribution

D Budgeted -Grant Funded

D Unbudgeted

5. Submission

Author~edSponsor/Uaison:

~jo_a_v_id_J_o_r_da_n_,_C_o_u_n_c_ii_M_e_m_b_e_r________________________________~

Primary Requestor/Submitter:

Yvonne Jourdan, Chairwoman, Oneida Personnel Commission

Your Name, Title I Dept. or Tribal Member

Additional Requestor:

Name, Title I Dept.

Additional Requestor:

Name, Title I Dept.

Page 1 of2

Page 42 of 178

ONEIDA PERSONNEL COMMISSION

FY 2017- Quarterly Report First Quarter

October, November and December 2016

Submitted by: Yvonne Jourdan

NAMES

Officers:

Members:

Yvonne Jourdan, Chairperson

Gmy Smith, Vice-Chairperson

Sharon Alvarez, Treasurer

Tomas Escamea, Secretary

Bradley Graham

Richard Elm-Hill

Jennifer Hill

Leland Wigg-Ninham

Eric Krawczyk

Pearl Webster

Carol Smith

MINUTES

All approved minutes have been submitted to the Office of the Tribal Secretary.

October 18,2016

Regular Meeting

(Approved)

November 15,2016

Regular Meeting

(Approved)

November 16,2016

Emergency Meeting

(Approved)

December 20,2016

Regular Meeting

(Not Approved)

FINANCIAL

See attached R&E statements for the months of October, November and December 2016.

SPECIAL EVENTS AND TRAVEL

No out-of-state travel/training occurred during this quarter.

LOCAL TRAINING

Training for the first quarter of this fiscal year included standard initial reviews, grievance

hearings, and grievance decisions training which took place in October, November and

December.

ACTIVITY REPORT-Oneida Personnel Commission

ltctiV~~··

...

october.. · . .

·· .. ·

" 1\:'Tr<~.iri~ -.... ...,.

:,1.:~

,.,.

.. .·1•.:·•· ·. . :•hetff!mhfir

.• •::.; ••; • •fjl 1, •• 'fot;a.ls ··

. ·.

Pre-Screens

Interviews

Reassignments

Initial Reviews

Grievances

Deliberations

11Page

Page 43 of 178

Decision Writing

Motion Decisions

Regular Meetings

Special Meetings

Training*

Non-Gaming

Employees with an

advocate

Non-Gaming

Employees without an

advocate

Gaming Employees

with an advocate

Gaming Employees

without an advocate

Non-Gaming

Management with an

advocate

Non-Gaming

Management without

an advocate

Gaming Management

with an advocate

Gaming Management

without an advocate

• The numbers within the Reassignment boxes, are the numbers of employees that

were reassigned into different positions for that specific month.

Training could mean attending out-of-state, local training, or in-house training. New

commissioners are mentored by existing commissioners during Initial Reviews, Grievance

Hearings, Decision Writing, Hearing Officer Responsibilities, and Motion Decisions. This type

of involvement is also considered training.

PERSONAL COMMENTS -Yvonne Jourdan, Chairperson- OPC

This Commission has continued to review the proposed Employment Law (draft #21 ),

that is currently at the Legislative Operating Committee (LOC). We have taken the

position that this new Law is not favorable to the employment base. Although there have

been numerous changes to each draft, one of the issues that this Commission has is that

the main area that contributed to the drafts of this proposed law has been the Human

Resource Department.(HRD) The proposed law allows HRD to make changes to a

proposed law that ultimately affects HRD and provides enormous latitude in the hiring

process with absolutely no checks or balances. As a Commission that has been created by

General Tribal Council, this is a serious concern. On December 8, 2016, this Commission

received notice from Geraldine Danforth, HRD Area Manager, and Marianne Close,

Compensation and Employment Director that they will now be reporting in their

2!Page

Page 44 of 178

quarterly reports, Personnel Commission attendance, late/tardy, failed to show, didn't

notify HR and didn't find a replacement. This Commission will be reporting to General

Tribal Council, the same with regard to overbooking Commissioners, not calling

Commissioners, failure to ensure interview and pre-screening is in compliance with the

Oneida Tribes Blue Book, unusual or deviation :fi·om the hiring process without

justification. Concems, on November 9, 2016, two new Commissioners were scheduled

for interview certification, the place of training was changed without any notice to the

Commissioners, forcing those two Commissioners to wait an additional 3 months to

receive this training. Additionally on November 3,2016, an HRD specialist over booked a

Commissioner for interviews and provided him with the wrong dates for interviews, thus

causing an extra stipend to be paid for those interviews. On December 22, 2016, there

was a second prescreening for a position where prescreening was originally conducted on

December 16, 2016. The HRD specialist had prescreened on her own, prior to informing

the assigned OPC Commissioner, and scheduled interviews with the potential candidates

prior to having the Commissioner prescreen the position for a second time. This is

unusual due to the fact that prescreening applicants does not occur minutes prior to the

interviews. No justification or rationale has been provided as to why this was initiated by

HRD.

We have taken the position that we would infmm General Tribal Council (GT.C) of the

Commission's perspective and bring awareness to both GT.C. and the employment base,

we are doing this through our articles placed in our Tribal newspaper. This Commission

has requested verbally that once the Oneida Business Committee establishes a date for

General Tribal Council to meet and decide whether or not they support this Law, we

would like to present our perspectives, issues and concems regarding the proposed

Employment Law.

This Commission had filed a complaint regarding some unfair and unethical hiring

practices that were allowed and controlled by the Human Resources Department, to date,

that complaint has been unfounded by the Human Resource Departmental Manager, and

it is now in the hands of the Oneida Business Committee. As of the date of this report, the

Oneida Business Committee has yet to resolve this complaint. The complaint was filed in

July 2016.

The Commission continues to review current policies that have been approved and passed

by the Oneida Business Committee (OBC) along with the Human Resource

Department,(HRD) with the expectation that there can be improvements and discussion

with both the OBC and HRD. The Personnel Commission continues to review the bylaws, SOP's, and the training manual for accuracy and relevance to the laws and policies

of the Oneida Tribe. We have completed work on updating the qualifications for future

Commissioners, which will be reflected in our By-Laws, and are cunently pending at the

LOC. In the future Quarterly repmis, statiing with the first Quarter ofFY 2017, this

Commission will report inconsistencies in the application of policies and procedures

regarding hiring practices within HRD, this will include grievance matters that have

come before this Commission.

GOALS AND OBJECTIVES- FY2017

3IPage

Page 45 of 178

Personnel Commission By-Laws

Training Manual

Updating Qualifications for Commissioners

Interdepartmental Relationships

Updating Personnel Commission SOP's

REVISIONS

IN PROGRESS

REVISIONS PENDING AT LOC

NEEDS IMPROVEMENT

IN PROGRESS

OBJECTIVE STATEMENT- FY 2017

1. Optimize organizational efficiency and effectiveness

2. Learning and growth perspective

3. Owner/customer/stakeholder perspective

MEETING REQUIREMENTS

Oneida Personnel Commission By-Laws, Article III. Meetings.

3-1 Regular Meetings. The OPC officers shall establish a schedule of regular meetings for the

upcoming year beginning in November. Notice of meeting location, agenda and materials shall

be forwarded by the Chairperson with the assistance of the Administrator. Robett's Rules of

Order shall be used as a guideline for conducting meetings.

3-2 Special Meetings. Special meetings shall be called not less than three (3) days prior to the

date of the special meeting.

3-3. Emergency meetings. Emergency meetings shall be scheduled as needed and provide details

of the emergency.

3-4 Legislative Sessions. When considering revisions or suggestions to the OPC regarding the

labor laws of the Tribe, a Legislative Session may be scheduled to devote a focused exclusive

convened working meeting of the OPC to specifically address amendment or revision of existing

or proposed labor laws of the Tribe. An internal OPC SOP may be drafted governing the

procedures to be followed in implementing such Legislative Session.

3-5 Quorum. A quorum shall consist of a m~ority of the OPC members. In the absence of the

Chairperson and the Vice-Chairperson, the members present at the meeting shall elect a

Chairperson Pro Tem to preside over the meeting .

. FOLLOW-UP

•

Meeting with the Personnel Commission's alternate Liaison, David Jordan, Tribal

Councilman, regarding issues and concerns of the Commission.

41Page

Page 46 of 178

ONEIDA PERSONNNEL COMMISSION REGULAR MEETING

October 18, 2016- NOON

East Wing Conference Room

Mission Statement: To develop an employment system that is orderly and fair and one that will

benefit the individual worker and strengthen Tribal Programs and Tribal Government.

Secretary: Rochelle A. Powless (NOT PRESENT)

A. Call to Order: Attendance (12:00p.m.) Gate Keeper: Yvonne Jordan, Chairwoman,

called the meeting to order at 12:00p.m.

Yvonne Jourdan

Gary Smith

Sharon Alvarez

Carol Smith

Tomas Escamea

Bradley Graham

Pearl Webster

Eric Krawczyk

Jennifer Hill

Leland Wigg-Ninham

Also Present:

Gina Buenrostro

Bridget Cornelius

Robert Sweeney

David Jordan

EXCUSED:

Rochelle A. Powless

Chairwoman

Vice-Chair

Treasurer

Member

Administrator

Executive Assistant

Attorney

OBC Liaison

Secretary

MOTION: Bradley Graham motioned to approve the attendance excusing Rochelle

SECOND:

Sharon Alvarez seconded the motion.

MOTION CARRIED UNANIMOUSLY

B. Approval of Agenda (5 minutes)

MOTION: Bradley Graham motioned to approve the agenda with changes:

New Business - Delete F .1. b

SECOND: Pearl Webster seconded the motion.

MOTION CARRIED UNANIMOUSLY

C. Review\Approval of Minutes: September 20, 2016, OPC Regular Meeting

(Rochelle Powless 10 minutes)

MOTION: Bradley Graham motioned to approve the September 20,2016, OPC Regular

Meeting Minutes, with coTI'ections.

SECOND: Sharon Alvarez seconded the motion.

Oneida Personnel Commission Meeting Minutes of October 18, 2016

Page

Page 47 of 178

ONEIDA PERSONNNEL COMMISSION REGULAR MEETING

October 18,2016 -NOON

East Wing Conference Room

MOTION CARRIED UNANIMOUSLY

D. Tabled Business (none)

E. Old Business (4)

1. Draft article for the Kahliwisaks (entire commission 10 minutes)

FYI, update was given, Commissioner were sent email correspondence

regarding this issue, deadline for response is October 25, 2016

2. Internal Audit Request-UPDATE

No Update

3. Employment Law Draft 21-UPDATE

No Update, draft was distributed

4. Status of Complaint regarding the Area Manager of Fitness, Parks and

Recreation-Update-(Entire Commission)*Carol Smith recused herself from

discussion***

MOTION:

Bradley Graham moved to go into executive session

SECOND:

Pearl Webster

TIME:

12:48PM

MOTION CARRIED UNANIMOUSLY

MOTION:

Eric Krawczyk moved to conie out of executive session

SECOND:

Gary Smith

TIME:

1:16PM

MOTION CARRIED UNANIMOUSLY

MOTION:

Gary Smith moved to submit a letter to the Pro-Tem Commissiopnes

assigned to this case and request documents, testimony, evidence as

protected information.

SECOND:

Leland Wigg-Ninham

OPPOSED: Bradley Graham

MOTION CARRIED

F. New Business(4)

1. Scheduling Initial Reviews, Grievances, Reassignments and

Housekeeping-(Gina Buenrostro 10 minutes)

MOTION:

Bradley Graham motioned to go into executive session

SECOND:

Pearl Webster

Time: 1:23PM

MOTION CARRIED UNANIMOUSLY

MOTION:

Eric Krawczyk motioned to come out of executive session

SECOND:

Tomas Escamea

Time: 1:30PM

MOTION CARRIED UNANIMOUSLY

Oneida Personnel Commission Meeting Minutes of October 18, 2016

Page

Page 48 of 178

ONEIDA PERSONNNEL COMMISSION REGULAR MEETING

October 18,2016- NOON

East Wing Conference Room

a. Resignation of Rochelle Powless

MOTION:

Eric Krawczyk moved to accept the resignation of Rochelle Powless.

SECOND:

Carol Smith

MOTION CARRIED

MOTION:

Bradley Graham moved to send notice to the Oneida Business Committee

to post this vacancy

SECOND:

Pearl Webster

MOTION CARRIED UNANIMOUSLY

b. Request from Leland Wigg-Ninham to waive training

DELETED FROM AGENDA

3rd Quarterly Report-status

MOTION:

Bradley Graham moved to post both the Quarterly report, 2nd and 3rd

quarter, in the Kahliwisaks to apprise General Tribal Council of the

reports.

SECOND:

Pearl Webster

ABSTAIN:

Carol Smith

MOTION CARRIED

2. Financial Report August 2016

MOTION: Gary Smith motioned to approve

SECOND: Bradley Graham seconded the motion.

MOTION CARRIED UNANIMOUSLY

3. Activity Report August 2016

MOTION:

Gary Smith motions to approve

SECOND:

Carol Smith

MOTION CARRIED UNANIMOUSLY

4. By-Laws

MOTION:

Tomas Escameamoved to approve and send to the LOC

SECOND:

Sharon Alvarez

MOTION CARRIED UNANIMOUSLY

MOTION:

Gary Smith moved to adjoum

SECOND:

Carol Smith

MOTION CARRIED UNANIMOUSLY

Oneida Personnel Commission Meeting Minutes of October 18, 2016

Page

Page 49 of 178

ONEIDA PERSONNNEL COMMISSION REGULAR MEETING

October 18,2016 -NOON

East Wing Conference Room

Minutes taken for the secretary by Gina Buenrostro

Oneida Personnel Commission Meeting Minutes of October 18, 2016

Page

Page 50 of 178

ONEIDA PERSONNNEL COMMISSION REGULAR MEETING

November 15,2016 -NOON

East Wing Conference Room

Mission Statement: To develop an employment system that is orderly and fair and one that will

benefit the individual worker and strengthen Tribal Programs and Tribal Government.

Secretary:

A. Call to Order: Attendance (12:00p.m.) Gate Keeper: Yvonne Jordan, Chairwoman,

called the meeting to order at 12:02p.m.

Yvonne Jourdan

Gary Smith

Sharon Alvarez

Carol Smith

Tomas Escamea

Bradley Graham

Pearl Webster

Jennifer Hill

Chairwoman

Vice-Chair

Treasurer

Member

Also Present:

Gina Buenrostro

Bridget Cornelius

Robert Sweeney

David Jordan

Administrator

Executive Assistant

Attorney

OBC Liaison

EXCUSED:

Eric Krawczyk

Member

UNEXCUSED:

Leland Wigg-Ninham Member

Bradley Graham motioned to approve the attendance excusing Eric

Krawczyk and unexcusing Leland Wigg-Ninham.

SECOND:

Tomas Escamea seconded the motion.

MOTION CARRIED UNANIMOUSLY

MOTION:

B. Approval of Agenda (5 minutes)

MOTION: Bradley Graham motioned to approve the agenda with changes:

New Business - F.l.h. (schedule special or emergency meeting) and Old

Business, 4, will move to the end of the agenda.

SECOND: Gary Smith seconded the motion.

MOTION CARRIED UNANIMOUSLY

C. Review\Approval of Minutes: October 18,2016, OPC Regular Meeting

(Gina Buenrostro, 10 minutes)

MOTION: Gary Smith motioned to approve the October 18,2016, OPC Regular

Oneida Personnel Commission Meeting Minutes of Nov 15, 2016

Page 1

Page 51 of 178

ONEIDA PERSONNNEL COMMISSION REGULAR MEETING

November 15,2016 -NOON

East Wing Conference Room

Meeting Minutes.

SECOND: Gary Smithy seconded the motion.

MOTION CARRIED UNANIMOUSLY

D. Tabled Business (none)

E. Old Business (4)

1. Draft article for the Kahliwisaks (entire commission 10 minutes)

No update

2. Internal Audit Request-UPDATE

No Update

3. Employment Law Draft 21-UPDATE

FYI only. Will schedule special meeting to address this issue

4. Status of Complaint regarding the Area Manager of Fitness, Parks and

Recreation-Update-(Entire Commission)*Carol Smith recused herself from

discussion, this issue will move to the end of the agenda*

F. New Business(4)

1. Scheduling Initial Reviews, Grievances, Reassignments and

Housekeeping-(Gina Buenrostro 10 minutes)

MOTION:

Sharon Alvarexz moved to go into executive session

SECOND:

Pearl Webster

TIME:

12:25PM

MOTION CARRIED UNANIMOUSLY

MOTION:

Bradley Graham moved to come out of executive session

SECOND:

Carol Smith

TIME:

12:30PM

a. 3rd quarterly Report Status

FYI

b. Status of Attorney Sweeney Contract

MOTION: Bradley Graham moved to move this issue to the top of the Oneida

Business Committee at the November 23,2016 meeting, do not want

liaison to do an E-Poll, all commissioners must attend this meeting.

SECOND:

Pearl Webster

MOTION CARRIED UNANIMOUSLY

c. Status of Vacancies

FYI

MOTION:

d. Appoint Secretary

Gary Smith moved to appoint Tomas Escamea as the Secretary.

Oneida Personnel Commission Meeting Minutes of Nov 15, 2016

Page 2

Page 52 of 178

ONEIDA PERSONNNEL COMMISSION REGULAR MEETING

November 15,2016- NOON

East Wing Conference Room

SECOND:

Carol Smith

MOTION CARRIED UNANIMOUSLY

e. Room (space) for Petitioners and Respondents

FYI

f. By-Laws (status)

Pearl Webster moved to deny the request from Leland Wigg-Ninham to

increase the amount of stipends.

SECOND:

Gary Smith

MOTION CARRIED UNANIMOUSLY

MOTION:

g. Stipends

FYI

h. Schedule Special Meeting

Pearl Webster moved to schedule special meeting to November 16, 2016 to

finalize the Annual Report.

SECOND:

Sharon Alvarez

MOTION CARRIED UNANIMOUSLY

MOTION:

2. Financial Report October 2016

MOTION: Gary Smith motioned to approve.

SECOND: Carol Smith

MOTION CARRIED UNANIMOUSLY

3. Activity Report October 2016

Gary Smith motions to approve.

MOTION:

SECOND:

Tomas Escamea

MOTION CARRIED UNANIMOUSLY

Old Business. 4. Status of Complaint regarding the Area Manager of Fitness, Parks and

Recreation-Update-(Entire Commission)*Carol Smith recused herself from discussion, this

issue will move to the end of the agenda*

MOTION: Pearl Webster moved to go into executive session.

SECOND:

Sharon Alvarez

MOTION CARRIED UNANIMOUSLY

TIME:

1:16pm

Bradley Graham to come out of executive session.

MOTION:

SECOND:

Carol Smith

TIME:

2:06pm

MOTION CARRIED UNANIMOUSLY

Oneida Personnel Commission Meeting Minutes of Nov 15, 2016

Page 3

Page 53 of 178

ONEIDA PERSONNNEL COMMISSION REGULAR MEETING

November 15,2016- NOON

East Wing Conference Room

MOTION:

Bradley Graham moved to have the Chair send a letter to Chairwoman,

Cristina Danforth requesting the status of the complaint, and to have

Attorney Sweeney file a motion to consolidate cases regarding this matter

with the Oneida Judiciary and also file a motion for a declaratory ruling.

SECOND:

Pearl Webster

MOTION CARRIED UNANIMOUSLY

MOTION:

Bradley moved to adjourn.

SECOND:

Sharon Alvarez

MOTION CARRIED UNANIMOUSLY

TIME:

2:09pm

Minutes taken for the secretary by Gina Buenrostro

Oneida Personnel Commission Meeting Minutes of Nov 15, 2016

Page4

Page 54 of 178

ONEIDA PERSONNNEL COMMISSION SPECIAL/EMERGENCY MEETING

November 16,2016- NOON

East Wing Conference Room

Mission Statement: To develop an employment system that is orderly and fair and one that will

benefit the individual worker and strengthen Tribal Programs and Tribal Govemment.

Secretary:

A. Call to Order: Attendance (12:00p.m.) Gate Keeper: Yvonne Jordan, Chairwoman,

called the meeting to order at 12:02p.m.

Yvonne Jourdan

Gary Smith

Sharon Alvarez

Carol Smith

Tomas Escamea

Bradley Graham

Pearl Webster

Jennifer Hill

Eric Krawczyk

Chairwoman

Vice-Chair

Treasurer

Member

Also Present:

Gina Buemostro

Bridget Comelius

Robert Sweeney

Administrator

Executive Assistant

Attomey

EXCUSED:

Jennifer Hill

Leland Wigg-Ninham

Member

UNEXCUSED:

Leland Wigg-Ninham Member

MOTION:

Sharon Alvarez motioned to approve the attendance.

SECOND:

Bradley Graham seconded the motion.

MOTION CARRIED UNANIMOUSLY

B. Approval of Agenda (5 minutes)

MOTION: Eric Krawczyk motioned to approve the agenda with changes.

SECOND: Sharon Alvarez seconded the motion.

MOTION CARRIED UNANIMOUSLY

c. Review\Approval of Minutes: None

E. Old Business:

None

F. New Business:

(3)

D. Tabled Business:

Oneida Personnel Commission Meeting Minutes of Nov 16, 2016

Page 1

Page 55 of 178

ONEIDA PERSONNNEL COMMISSION SPECIAL/EMERGENCY MEETING

November 16,2016 -NOON

East Wing Conference Room

1. Oneida Personnel Commission Annual Report 2017.

MOTION:

Gary Smith moved to approve the report with the suggested changes.

SECOND:

Bradley Graham

MOTION CARRIED UNANIMOUSLY

2. Meeting with the LOC regarding changes to the Administrative Court

Rules

MOTION:

Sharon Alvarez moved to approve the date ofNovember 29,2016, from

1:00pm to 3:00pm.

SECOND:

Gary Smith

3. Sign off Authority

MOTION:

Bradley Graham moved to change the sign off authority of the Chair, to

Division Director status, which is 50,000 budgeted, and 10,000

unbudgeted.

SECOND:

Gary Smith

MOTION CARRIED UNANIMOUSLY

MOTION:

Eric Krawczyk moved to adjourn.

SECOND:

Tomas Escamea

MOTION CARRIED UNANIMOUSLY

TIME:

1:05pm

Minutes taken for the secretary by Gina Buenrostro

Oneida Personnel Commission Meeting Minutes of Nov 16, 2016

Page 2

Page 56 of 178

ONEIDA PERSONNNEL COMMISSION REGULAR MEETING

December 20,2016- NOON

East Wing Conference Room

Mission Statement: To develop an employment system that is orderly and fair and one that will

benefit the individual worker and strengthen Tribal Programs and Tribal Govemment.

Secretary:

A. Call to Order: Attendance (!2:00p.m.) Gate Keeper: Yvonne Jordan, Chairwoman,

called the meeting to order at I 2:02p.m.

Yvonne Jourdan

Gary Smith

Sharon Alvarez

Carol Smith

Tomas Escamea

Bradley Graham

Pearl Webster

Jennifer Hill

Eric Krawczyk

Chairwoman

Vice-Chair

Treasurer

Member

Also Present:

Gina Buenrostro

Bridget Comelius

Robert Sweeney

David Jordan

Administrator

Executive Assistant

OPCAttomey

OBC Liaison

EXCUSED:

Leland Wigg-Niham

Member

MOTION:

Bradley Graham motioned to approve the attendance excusing Leland

Wigg-Ninham.

SECOND:

Gary Smith seconded the mot

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