# Oneida Business Committee (2022) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A27a79603302c14b4 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 133 ~ Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ONEIDA LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA REVISED Business Committee Conference Room - 2nd Floor Norbert Hill Center July 6, 2022 9:00 a.m. I. Call to Order and Approval of the Agenda II. Minutes to be Approved 1. June 15, 2022 LOC Meeting Minutes (pg. 2) III. Current Business 1. Healing to Wellness Court Law (pg. 4) 2. Children’s Code Amendments (pg. 28) IV. New Submissions 1. Eviction and Termination Law Amendments (pg. 85) 2. Emergency Management Law Amendments (pg. 94) V. Additions 1. Elder Assistance Program Law (pg. 102) 2. Oneida Nation Assistance Fund Application Submission Period and Disbursement Timeframe for 2022 Resolution (pg. 127) 3. Election Law Emergency Amendments (pg. 131) VI. Administrative Updates VII. Executive Session VIII. Recess/Adjourn A good mind. A good heart. A strong fire. 2 of 133 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov r'\ mooao ONEIDA LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center June 15, 2022 9:00 a.m. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Marie Summers, Daniel Guzman King Others Present: Clorissa N. Santiago, Grace Elliot, Carolyn Salutz, Brooke Doxtator, Lawrence Barton, Amy Spears (Microsoft Teams), Justin Nishimoto (Microsoft Teams), Joy Salzwedel (Microsoft Teams), Michelle Schneider (Microsoft Teams), Kristal Hill (Microsoft Teams), Rhiannon Metoxen (Microsoft Teams), Rae Skenandore (Microsoft Teams), Katsitsiyo Danforth (Microsoft Teams) I. Call to Order and Approval of the Agenda David P. Jordan called the June 15, 2022, Legislative Operating Committee meeting to order at 9:00 a.m. Motion by Marie Summers to adopt the agenda as is; seconded by Kirby Metoxen. Motion carried unanimously. II. Minutes to be Approved 1. June 1, 2022 LOC Meeting Minutes Motion by Kirby Metoxen to approve the June 1, 2022, LOC meeting minutes and forward to the Oneida Business Committee; seconded by Jennifer Webster. Motion carried unanimously. III. Current Business 1. Elder Assistance Program Law Motion by Marie Summers to approve the updated public comment review memorandum (with noted change), draft, legislative analysis, and fiscal impact statement request memorandum, and forward to the Finance Department directing that a fiscal impact statement be prepared and submitted to the LOC by July 14, 2022; seconded by Jennifer Webster. Motion carried unanimously. IV. New Submissions 1. Oneida Personnel Policies and Procedures: Designation of Juneteenth as a Paid Holiday Motion by Kirby Metoxen to accept the request as information to be discussed during the A good mind. A good heart. A strong fire. Legislative Operating Committee Meeting Minutes of June 15, 2022 Page 1 of 2 ~ ONEIDA 3 of 133 current development of amendments to the Oneida Personnel Policies and Procedures; seconded by Jennifer Webster. Motion carried unanimously. V. Additions VI. Administrative Items VII. Executive Session VIII. Adjourn Motion by Marie Summers to adjourn at 9:14 a.m.; seconded by Daniel Guzman King. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of June 15, 2022 Page 2 of 2 4 of 133 Oneida Nation "' Oneida Business Committee Legislative Operating Committee =DODDOO PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-nsn.gov Legislative Operating Committee July 6, 2022 Healing to Wellness Court Law Submission Date:12/20/17 LOC Sponsor: Daniel Guzman King Public Meeting: 5/4/22 Emergency Enacted: n/a Summary: This item was carried over from last term. The request to a develop a Wellness Court law came from the Tribal Action Plan (TAP)- Laws and Policies Sub-Committee in December 2017. A Wellness Court brings together alcohol and drug treatment, community healing resources, and the tribal justice process by using a team approach to achieve the physical and spiritual healing of the individual participant, and to promote Native Nation building and the well-being of the community. 10/7/20 LOC: Motion by Kirby Metoxen to add the Wellness Court Law to the Active Files List with Daniel Guzman King as the sponsor; seconded by Jennifer Webster. Motion carried unanimously. 11/18/20: THWCPI Training. Present: Marc Panasiewicz (NADCP), Kris Pacheco (TLPI), Misti Porter (NADCP), Brittany Lanier (NADCP), Katy Burke (WI Statewide Treatment Court Coordinator), Chelsea Place (WI DOC Probation & Parole), David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen, Deborah Thundercloud, Mari Kriescher, Elijah Metoxen, Hon. Layatalati Hill, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Eric Boulanger, Joel Maxam, Tsyoslake House, Wesley Martin, Gerald Hill. The group participated in the Tribal Healing to Wellness Court Planning Initiative (THTWCPI) Training presented by the National Association of Drug Court Professionals (NADCP) held through Microsoft Teams. 11/19/20: THWCPI Training. Present: Marc Panasiewicz (NADCP), Kris Pacheco (TLPI), Misti Porter (NADCP), Brittany Lanier (NADCP), Katy Burke (WI Statewide Treatment Court Coordinator), Chelsea Place (WI DOC Probation & Parole), David P. Jordan, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen, Deborah Thundercloud, Mari Kriescher, Elijah Metoxen, Hon. Layatalati Hill, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Joel Maxam, Wesley Martin, Gerald Hill. The group participated in the Tribal Healing to Wellness Court Planning Initiative (THTWCPI) Training presented by the National Association of Drug Court Professionals (NADCP) held through Microsoft Teams. 11/20/20: THWCPI Training. Present: Marc Panasiewicz (NADCP), Kris Pacheco (TLPI), Misti Porter (NADCP), Brittany Lanier (NADCP), Katy Burke (WI Statewide Treatment Court Coordinator), Chelsea Place (WI DOC Probation & Parole), David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen, Deborah Thundercloud, Mari Kriescher, Elijah Metoxen, Hon. Layatalati Hill, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Eric Boulanger, Tsyoslake House, Wesley Martin, Gerald Hill. The group participated in the Tribal Healing to Wellness Court Page 1 of 4 A good mind. A good heart. A strong fire. 5 of 133 Planning Initiative (THTWCPI) Training presented by the National Association of Drug Court Professionals (NADCP) held through Microsoft Teams. 1/6/21: Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Hon. Layatalati Hill, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Deborah Thundercloud, Mari Kriescher, Tsyoslake House, Wesley Martin, Gerald Hill, Kristal Hill, Rhiannon Metoxen, Bridget Mendolla-Cornelius, Chelsea Place. This work meeting was held through Microsoft Teams. The purpose of this work meeting was to begin the development of the Nation’s Wellness Court law by reviewing an initial draft based off of other Tribal Healing to Wellness Court laws to serve as an outline for discussion. The drafting attorney will schedule another work meeting to continue the review of the draft. 1/20/21: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Hon. Layatalati Hill, Hon. Patricia Hoeft, Simone Ninham, Mari Kriescher, Tsyoslake House, Wesley Martin, Gerald Hill, Kristal Hill, Rhiannon Metoxen, Chelsea Place. This work meeting was held through Microsoft Teams. The purpose of this work meeting was to continue review and discussion of the Wellness Court law draft. 1/28/21: Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to discuss a plan for moving this item forward through the legislative process. 2/5/21: Work Meeting. Present: Clorissa N. Santiago, Hon. Layatalati Hill, Hon. Patricia Hoeft, Simone Ninham. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to provide the Judiciary an opportunity to provide input on the development of the Wellness Court law. 3/2/21: Work Meeting. Present: Daniel Guzman King, Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Mari Kriescher, Leslie Doxtator, Renita Hernandez, Deborah Thundercloud, Tsyoslake House, Wesley Martin, Gerald Hill. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review the various objectives for “TAP, Goal 4: Create and implement a comprehensive Justice System that includes a Wellness Court and a rehabilitative corrections system” and set a process for moving forward with work meetings. 3/16/21: Work Meeting. Present: Daniel Guzman King, Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Hon. John Powless, Simone Ninham, Mari Kriescher, Leslie Doxtator, Renita Hernandez, Wesley Martin. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review and discuss potential eligibility requirements for the Wellness Court. 5/18/21: Work Meeting. Present: Clorissa N. Santiago, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Mari Kriescher, Leslie Doxtator, Renita Hernandez, Robert Brown. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review and discuss Wellness Court phase considerations. 1/19/22: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Carmen Vanlanen, Kristen Hooker, Kristal Hill. This was a work meeting held through Microsoft Teams. The purpose of this work meeting A good mind. A good heart. A strong fire. Page 2 of 4 ~ ONEIDA 6 of 133 was to review the updated and simplified draft of the Wellness Court law and determine the next steps for moving this legislative item forward. 1/27/22: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Carmen Vanlanen, Kristen Hooker, Rhiannon Metoxen, Hon. Layatalati Hill, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Eric Boulanger. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review updated and simplified draft of the Wellness Court law with the larger group, as well receive an update from the Judiciary on the progress of the internal policies and procedures for the Wellness Court. 2/10/22: Work Meeting. Present: Jennifer Webster, Kirby Metoxen, Daniel Guzman King, Clorissa N. Santiago, Carmen Vanlanen, Hon. Layatalati Hill, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Eric Boulanger, Joel Maxam, Kristal Hill. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review the two issues identified in the last work meeting (closed court vs. open court, and court of record vs. not a court of record), as well as review and discuss some suggested revisions from the Judiciary. 2/16/22 LOC: Motion by Marie Summers to approve the draft of the Healing to Wellness Court law and direct that a legislative analysis be developed; seconded by Kirby Metoxen. Motion carried unanimously. 3/16/22 LOC: Motion by Jennifer Webster to approve the legislative analysis for the Healing to Wellness Court law; seconded by Marie Summers. Motion carried unanimously. 3/31/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review the public meeting notice for this law. 4/6/22 LOC: Motion by Jennifer Webster to approve the public meeting packet and forward the Healing to Wellness Court law to a public meeting to be held on May 4, 2022; seconded by Marie Summers. Motion carried unanimously. 5/4/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to prepare for this afternoon’s public meeting. 5/4/22: Public Meeting Held. Present: Daniel Guzman King, Marie Summers, Brooke Doxtator, Clorissa N. Santiago, David P. Jordan (Microsoft Teams), Alebra Metoxen (Microsoft Teams), Diana Hernandez (Microsoft Teams), Michelle Myers (Microsoft Teams), Rhiannon Metoxen (Microsoft Teams), Kristal Hill (Microsoft Teams), Tsyoshaat Delgado (Microsoft Teams), Stephanie Reinke (Microsoft Teams), Joy Salzwedel (Microsoft Teams). The public meeting for the proposed Healing to Wellness Court law was held in person in the Norbert Hill Center and on Microsoft Teams. Two (2) individuals provided public comment during the public meeting on Microsoft Teams. 5/11/22: Public Comment Period Closed. One (1) submission of written comments was received during the public comment period. A good mind. A good heart. A strong fire. Page 3 of 4 ~ ONEIDA 7 of 133 5/18/22 LOC: Motion by Marie Summers to accept the public comments and the public comment review memorandum and defer these items to a work meeting for further consideration; seconded by Jennifer Webster. Motion carried unanimously. 5/18/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie Summers, Kirby Metoxen, Clorissa N. Santiago. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review and consider the public comments that were received. 6/1/22 LOC: Motion by Jennifer Webster to approve the updated public comment review memorandum, draft, and updated legislative analysis; seconded by Kirby Metoxen. Motion carried unanimously. Motion by Marie Summers to approve the fiscal impact statement request memorandum and forward to the Finance Department directing that a fiscal impact statement be prepared and submitted to the LOC by June 15, 2022 1; seconded by Jennifer Webster. Motion carried unanimously. Next Steps:  Approve the adoption packet for the Healing to Wellness Court law and forward to the Oneida Business Committee for consideration. LOC later subsequently agreed to amend the due date of this FIS for the Healing to Wellness Court law to A good mind. A good heart. A strong fire. June 29, 2022, at the request of the Finance Department. 1 Page 4 of 4 ~ ONEIDA 8 of 133 Oneida Nation =DDODDD= PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-nsn.gov TO: FROM: DATE: RE: ~ Oneida Business Committee Legislative Operating Committee Oneida Business Committee David P. Jordan, LOC Chairperson July 13, 2022 Adoption of the Healing to Wellness Court Law Please find the following attached backup documentation for your consideration of the adoption of the Healing to Wellness Court law: 1. 2. 3. 4. 5. Resolution: Adoption of the Healing to Wellness Court Law Statement of Effect: Adoption of the Healing to Wellness Court Law Healing to Wellness Court Law Legislative Analysis Healing to Wellness Court Law Healing to Wellness Court Law Fiscal Impact Statement Overview On October 7, 2020, the Legislative Operating Committee added the Healing to Wellness Court law to its Active Files List. The Healing to Wellness Court law had been carried over from the last Legislative Operating Committee term, with it originally added to the Active Files List in December 2017. The purpose of the Healing to Wellness Comi law is to establish the Nation's Healing to Wellness Court to: ■ · offer intensive case management, treatment, and court supervision to individuals who committed an offense directly or indirectly related to a substance abuse or addiction issue; ■ provide access to holistic, structured, and phased substance abuse treatment and rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho tA (Our Ways); ■ create inttagovernmental and intergovernmental collaborative teams to interact with each participant; and ■ encourage and support each participant in the goal of their recove1y to lead lawful productive lives free of substance abuse and addiction. [8 0. C. 808.1-1]. This resolution adopts the Healing to Wellness Court law which will: ■ Establish the Healing to Wellness Court as a division of the Trial Court and delegate jurisdiction to the Healing to Wellness Court for matters related to substance abuse and addiction, and any matter arising under this law [8 O.C. 808.4-1, 808.4-2]; ■ Delegate authority to the Healing to Wellness Court to collaborate and enter into intergovernmental agreements with other comis of competent jurisdiction that exercise concurrent jurisdiction [8 0. C. 808. 4-2]; ■ Establish the Healing to Wellness Comi team, comprised of a Trial Comi Judge, Court Coordinator, Oneida Police Department Officer, representative from Probation, Substance Abuse Treatment provider, representative of Oneida culture and heritage, and any other Page 1 of 2 A good mind. A good heart. A strong fire. 9 of 133 ■ ■ ■ member as determined by the Team, and provide how any revisions to the composition of the Healing to Wellness Court team are made [8 0. C. 808. 4-3]; Delegate authority to the Healing to Wellness Court to establish policies and procedures governing the operation and implementation of the Healing to Wellness Court program [8 . o.c. 808.5-1}; I ' . Provide that all Healing to Wellness Court Team meetings and hearings are closed to the public, and held in accordance with the policies and procedures created by the Court [8 O.C. 808.5-2, 808.5-3}; and Provide that the Healing to Wellness Court is a non-adversarial forum, not a court of record, where the Oneida Judiciary Rules of Evidence and Civil Procedure do not apply [8 0. C. 808.5-4, 808.5-6, 808.5-7]. The Legislative Operating Committee developed the Healing to Wellness Court law through collaboration with representatives from the Oneida Nation Judiciary Trial Court, Oneida Police Department, Tribal Action Plan (TAP), Oneida Behavioral Health, Depaiiment of Corrections Probation, and the Legal Resource Center. The Legislative Operating Committee held fifteen (15) work meetings on the development of this law and also participated in a three (3) day Tribal Healing to Wellness Court Planning Initiative Training presented by the National Association of Drug Comi Professionals in November 2020. In accordance with the Legislative Procedures Act, a public meeting on the proposed Healing to Wellness Court law was held on May 4, 2022. Two (2) individuals provided oral comments during the public meeting. The public comment period was then held open until May 11, 2022. The Legislative Operating Committee received one (1) submission of written comments during the public comment period. All public comments received were accepted, reviewed, and considered by the Legislative Operating Committee on May 18, 2022. Any changes made based on those comments have been incorporated into this draft. Requested Action Adopt the Resolution: Adoption of the Healing to Wellness Comi Law Page 2 of 2 A good mind. A good heart. A strong fire. ~ ONEIDA 10 of 133 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Oneida, WI 54155 BC Resolution # _____________ Adoption of the Healing to Wellness Court Law WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the purpose of the Healing to Wellness Court law (“the Law”) is to establish the Nation’s Healing to Wellness Court to: offer intensive case management, treatment, and court supervision to individuals who committed an offense directly or indirectly related to a substance abuse or addiction issue; provide access to holistic, structured, and phased substance abuse treatment and rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho t^ (Our Ways); create intragovernmental and intergovernmental collaborative teams to interact with each participant; and encourage and support each participant in the goal of their recovery to lead lawful productive lives free of substance abuse and addiction; and WHEREAS, it is the policy of the Nation to bring together community-healing resources with the Nation’s justice system to work collaboratively with intragovernmental and intergovernmental partnerships to reduce the abuse of alcohol and other drugs and drug-related criminal activity affecting the Nation’s community in an effort to promote life-long substance abuse recovery and the reintegration of participants into the Oneida community; and WHEREAS, the Law establishes the Healing to Wellness Court as a division of the Trial Court and delegates jurisdiction to the Healing to Wellness Court for matters related to substance abuse and addiction, and any matter arising under this Law; and WHEREAS, the Law delegates authority to the Healing to Wellness Court to collaborate and enter into intergovernmental agreements with other courts of competent jurisdiction that exercise concurrent jurisdiction; and WHEREAS, the Law establishes the Healing to Wellness Court team, comprised of a Trial Court Judge, Court Coordinator, Oneida Police Department Officer, representative from Probation, Substance Abuse Treatment provider, representative of Oneida culture and heritage, and any other member as determined by the Team, and provide how any revisions to the composition of the Healing to Wellness Court team are made; and WHEREAS, the Law delegates authority to the Healing to Wellness Court to establish policies and procedures governing the operation and implementation of the Healing to Wellness Court program; and 11 of 133 BC Resolution # _______ Adoption of the Healing to Wellness Court Law Page 2 of 2 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 WHEREAS, the Law provides that all Healing to Wellness Court Team meetings and hearings are closed to the public, and held in accordance with the policies and procedures created by the Healing to Wellness Court; and WHEREAS, the Law provides that the Healing to Wellness Court is a non-adversarial forum, where the Oneida Judiciary Rules of Evidence and Oneida Judiciary Rules of Civil Procedure do not apply; and WHEREAS, in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact statement were developed for this Law; and WHEREAS, a public meeting on this proposed Law was held on May 4, 2022, and the public comment period was held open until May 11, 2022; and WHEREAS, the Legislative Operating Committee accepted, reviewed, and considered all public comments received on May 18, 2022; and NOW THEREFORE BE IT RESOLVED, that the Healing to Wellness Court law is hereby adopted and shall become effective on July 27, 2022. 12 of 133 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ~ ONEIDA Statement of Effect Adoption of the Healing to Wellness Court Law Summary This resolution adopts the Healing to Wellness Court law. Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office Date: June 30, 2022 Analysis by the Legislative Reference Office This resolution adopts the Healing to Wellness Court law. The purpose of the Healing to Wellness Court law is to establish the Nation’s Healing to Wellness Court to:  offer intensive case management, treatment, and court supervision to individuals who committed an offense directly or indirectly related to a substance abuse or addiction issue;  provide access to holistic, structured, and phased substance abuse treatment and rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho t^ (Our Ways);  create intragovernmental and intergovernmental collaborative teams to interact with each participant; and  encourage and support each participant in the goal of their recovery to lead lawful productive lives free of substance abuse and addiction. [8 O.C. 808.1-1]. This resolution adopts the Healing to Wellness Court law which will:  Establish the Healing to Wellness Court as a division of the Trial Court and delegate jurisdiction to the Healing to Wellness Court for matters related to substance abuse and addiction, and any matter arising under this law [8 O.C. 808.4-1, 808.4-2];  Delegate authority to the Healing to Wellness Court to collaborate and enter into intergovernmental agreements with other courts of competent jurisdiction that exercise concurrent jurisdiction [8 O.C. 808.4-2];  Establish the Healing to Wellness Court team, comprised of a Trial Court Judge, Court Coordinator, Oneida Police Department Officer, representative from Probation, Substance Abuse Treatment provider, representative of Oneida culture and heritage, and any other member as determined by the Team, and provide how any revisions to the composition of the Healing to Wellness Court team are made [8 O.C. 808.4-3];  Delegate authority to the Healing to Wellness Court to establish policies and procedures governing the operation and implementation of the Healing to Wellness Court program [8 O.C. 808.5-1];  Provide that all Healing to Wellness Court Team meetings and hearings are closed to the public, and held in accordance with the policies and procedures created by the Court [8 O.C. 808.5-2, 808.5-3]; and Page 1 of 2 A good mind. A good heart. A strong fire. 13 of 133  Provide that the Healing to Wellness Court is a non-adversarial forum, not a court of record, where the Oneida Judiciary Rules of Evidence and Civil Procedure do not apply [8 O.C. 808.5-4, 808.5-6, 808.5-7]. The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C. 109.1-1]. The Healing to Wellness Court law complied with all processes and procedures required by the LPA, including the development of a legislative analysis, a fiscal analysis, and the opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8]. A public meeting on the proposed Healing to Wellness Court law was held on May 4, 2022. Two (2) individuals provided oral comments during the public meeting. The public comment period was then held open until May 11, 2022. The Legislative Operating Committee received one (1) submission of written comments during the public comment period. All public comments received were accepted, reviewed, and considered by the Legislative Operating Committee on May 18, 2022. Any changes made based on those comments have been incorporated into this draft. The Healing to Wellness Court law will become effective ten (10) business days after the adoption of this resolution, on July 27, 2022, in accordance with the LPA. [1 O.C. 109.9-3]. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 A good mind. A good heart. A strong fire. ~ ONEIDA 14 of 133 Analysis to Draft 1 for OBC Consideration 2022 07 13 HEALING TO WELLNESS COURT LAW LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Analysis by the Legislative Reference Office Intent of the Proposed Law Purpose Affected Entities Related Legislation Public Meeting Fiscal Impact  Establish the Healing to Wellness Court as a division of the Trial Court and delegate jurisdiction to the Healing to Wellness Court for matters related to substance abuse and addiction, and any matter arising under this law [8 O.C. 808.4-1, 808.4-2];  Delegate authority to the Healing to Wellness Court to collaborate and enter into intergovernmental agreements with other courts of competent jurisdiction that exercise concurrent jurisdiction [8 O.C. 808.4-2];  Establish the Healing to Wellness Court team, comprised of a Trial Court Judge, Court Coordinator, Oneida Police Department Officer, representative from Probation, Substance Abuse Treatment provider, representative of Oneida culture and heritage, and any other member as determined by the Team, and provide how any revisions to the composition of the Healing to Wellness Court team are made [8 O.C. 808.4-3];  Delegate authority to the Healing to Wellness Court to establish policies and procedures governing the operation and implementation of the Healing to Wellness Court program [8 O.C. 808.5-1];  Provide that all Healing to Wellness Court Team meetings and hearings are closed to the public, and held in accordance with the policies and procedures created by the Court [8 O.C. 808.5-2, 808.5-3]; and  Provide that the Healing to Wellness Court is a non-adversarial forum, not a court of record, where the Oneida Judiciary Rules of Evidence and Civil Procedure do not apply [8 O.C. 808.5-4, 808.5-6, 808.5-7]. The purpose of this law is to establish the Nation’s Healing to Wellness Court to:  Offer intensive case management, treatment, and court supervision to individuals who committed an offense directly or indirectly related to a substance abuse or addiction issue;  Provide access to holistic, structured, and phased substance abuse treatment and rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho t^ (Our Ways);  Create intragovernmental and intergovernmental collaborative teams to interact with each participant; and  Encourage and support each participant in the goal of recovery to lead lawful, productive lives free of substance abuse and addiction [8 O.C. 808.1-1]. Oneida Nation Judiciary, Oneida Police Department, and Oneida Behavioral Health Public Peace law, Judiciary law, Oneida Judiciary Rules of Civil Procedure, Oneida Judiciary Rules of Evidence A public meeting was held in accordance with the Legislative Procedures Act on Wednesday, May 4, 2022, with a public comment period held open until May 11, 2022. A fiscal impact statement prepared in accordance with the Legislative Procedures Act was provided by the Finance Department on June 29, 2022. 15 of 133 Analysis to Draft 1 for OBC Consideration 2022 07 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The request to develop a Healing to Wellness Court law came from the Tribal Action Plan (TAP)- Laws and Policies Sub-Committee in December 2017 and was originally added to the Active Files List in December 2017. The Legislative Operating Committee then added the Healing to Wellness Court law to the Active Files List this legislative term on October 7, 2020. B. History of Drug Courts. The drug court movement started in the late 1980s to help combat an increase in the number drug-related offenses and re-offenses that resulted in overcrowded jails and prisons, which incarceration alone was not able to control. 1 Between 1980 and 2000, arrests for drug offenses more than doubled. 2 Those who were imprisoned were not being treated for their substance abuse and the underlying problems and were subjected to traumatization by the prison system and faced many barriers upon release 3. The response to this issue was to develop a court approach that systematically prioritized treatment in substance abuse cases. 4 A drug court is a special court docket to which cases involving alcohol and other substance abusing offenders are assigned for intensive supervision and treatment. 5 Drug courts are distinguished by several features, such as expedited case processing, outpatient treatment, and support services (e.g., job placement and housing services). 6 C. Development of Healing to Wellness Courts in Native Nations. Native nations were looking to develop a court that would help confront intergenerational substance abuse issues while avoiding the term “drug court”, thus developing the term “healing to wellness court”. This term referred to the healing and wellness aspects of this approach, along with the idea that wellness is an ongoing journey. 7 In August 2003, state and national drug court efforts were used to help draft tribal-specific healing to wellness court curriculums. The newly developed Healing to Wellness Courts were not simply tribal courts that heard cases involving substance abuse but were special court docket-collaboratives that partnered with service providers to create a program for participants that included extensive supervision and treatment. 8 Tribal Healing to Wellness courts are guided by the Tribal Ten Key Components, which are the fundamental essentials of the drug court concept that were adjusted to reflect the tribal notions of healing and wellness, particularly the concept of a healing to wellness journey and the collaboration involved. 9 SECTION 3. CONSULTATION AND OUTREACH A. The following departments within the Nation participated in the development of this Law and legislative analysis:  Oneida Nation Judiciary;  Oneida Police Department:  Oneida Behavioral Health; U.S. Department of Justice Office of Justice Programs, “Tribal Healing to Wellness Court: The Key Components,” (April 2003). 2 Arthur J. Lurigio, “The First 20 Years of Drug Treatment Courts: A Brief Description of Their History and Impact”. 3 Tribal Law and Policy Institute, “Tribal Healing to Wellness Courts: Intergovernmental Collaboration,” (May 2021). 4 Id. 5 Id. 6 Arthur J. Lurigio, “The First 20 Years of Drug Treatment Courts: A Brief Description of Their History and Impact”. 7 Tribal Law and Policy Institute, “Tribal Healing to Wellness Courts: Intergovernmental Collaboration,” (May 2021). 8 Id. 9 Id. 1 16 of 133 Analysis to Draft 1 for OBC Consideration 2022 07 13 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78  Tribal Action Plan (TAP);  Legal Resource Center;  General Manager; and  Oneida Business Committee. B. The following groups outside of the Nation were consulted in the drafting of this law and analysis:  Tribal Law and Policy Institute;  National Association of Drug Court Professionals (NADCP);  Wisconsin Department of Corrections; and  Wisconsin Statewide Treatment Court Coordinator. C. The following laws and ordinances from other States, municipalities, and Tribes were reviewed in the drafting of this Law and analysis:  Ho-Chunk Nation Healing to Wellness Court Code;  Cherokee Tribal Drug Court Code of Ordinances;  Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians Wellness Court Tribal Code;  Fort Peck Wellness Court Code;  Penobscot Nation Healing to Wellness Court Program Procedures;  Poarch Band Creek of Indians Healing to Wellness Court Code;  Swinomish Tribal Court Code;  Fort McDowell Yavapai Nation Law and Order Code;  Winnebago Tribal Traditional Wellness Court Code; and  Tlingit and Haida Indian Tribes of Alaska Wellness Court Code. SECTION 4. PROCESS A. This Law has followed the process set forth in the Legislative Procedures Act (LPA).  On October 7, 2020, the Legislative Operating Committee added this Law to its Active Files List.  On February 16, 2022, the Legislative Operating Committee approved the draft of this law and directed that a legislative analysis be developed.  On March 16, 2022, the Legislative Operating Committee approved the draft of the legislative analysis.  On April 6, 2022, the Legislative Operating Committee approved the public meeting packet and forwarded the Healing to Wellness Court law to a public meeting to be held on May 4, 2022.  On May 4, 2022, the public meeting was held in person in the Norbert Hill Center and on Microsoft Teams. Two (2) individuals provided public comment during the public meeting via Microsoft Teams.  On May 11, 2022, the public comment period closed. One (1) submission of written comments was received during the public comment period.  On May 18, 2022, the Legislative Operating Committee accepted the public comments and the public comment review memorandum and deferred these items to a work meeting for further consideration.  On June 1, 2022, the Legislative Operating Committee approved the updated public comment review memorandum, draft, and updated legislative analysis. The Legislative 17 of 133 Analysis to Draft 1 for OBC Consideration 2022 07 13 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 Operating Committee also approved the fiscal impact statement request memorandum and forwarded the request memorandum to the Finance Department directing that a fiscal impact statement be prepared and submitted to the Legislative Operating Committee by June 15, 2022.  On June 1, 2022, the Finance Department requested additional time to complete a fiscal impact statement, the Legislative Operating Committee then subsequently agreed to amend the due date of the fiscal impact statement to June 29, 2022.  On June 29, 2022, the Finance Department provided the Legislative Operating Committee with the fiscal impact statement. B. A group that included members from the departments of the Legislative Reference Office, Legislative Operating Committee, Oneida Business Committee, Oneida Nation Judiciary, Oneida Police Department, Oneida Behavioral Health, and the Legal Resource Center participated in the Tribal Healing to Wellness Court Planning Initiative (THTWCPI) Training held by the National Association of Drug Court Professionals (NADCP) through Microsoft Teams on the following dates:  November 18, 2020;  November 19, 2020; and  November 20, 2020. C. At the time this legislative analysis was developed the following work meetings had been held regarding the development of this Law:  January 6, 2021: LOC work meeting with the Oneida Police Department, Oneida Judiciary, General Manager, Oneida Behavioral Health, Legal Recourse Center, and Wisconsin Department of Corrections.  January 20, 2021: LOC work meeting Oneida Police Department, Oneida Judiciary, General Manager, Oneida Behavioral Health, Legal Recourse Center, and Wisconsin Department of Corrections.  January 28, 2021: LOC work meeting.  February 5, 2021: Work meeting with Oneida Judiciary.  March 2, 2021: LOC work meeting with Oneida Police Department, Oneida Judiciary, General Manager, Oneida Behavioral Health, Legal Recourse Center, and Tribal Action Plan.  March 16, 2021: LOC work meeting with Oneida Police Department, Oneida Judiciary, General Manager, Oneida Behavioral Health, and Legal Recourse Center.  May 18, 2021: Work meeting with Oneida Judiciary, Oneida Behavioral Health, Tribal Action Plan, Cultural Heritage.  January 19, 2022: LOC work meeting.  January 27, 2022: LOC work meeting with Oneida Police Department, and Oneida Judiciary.  February 10, 2022: LOC work meeting with Oneida Police Department, and Oneida Judiciary.  March 31, 2022: LOC work meeting.  May 4, 2022: LOC work session.  May 18, 2022: LOC work session. SECTION 5. CONTENTS OF THE LEGISLATION 18 of 133 Analysis to Draft 1 for OBC Consideration 2022 07 13 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 A. Purpose and Policy. The purpose of this Law is to establish the Nation’s Healing to Wellness Court. The Court shall offer intensive treatment, case management, and court supervision to individuals who have committed an offense directly or indirectly related to substance abuse or addiction issues. [8 O.C. 808.1-1]. It is the policy of the Nation to bring together community-healing resources with the Nation’s justice system to collaborate with partnerships to reduce the risk of substance abuse and criminal activity related to substance abuse. [8 O.C. 808.1-2]. B. Establishment. The Healing to Wellness Court is hereby established as a division of the Trial Court. [8 O.C. 808.4-1]. The Court shall have the authority to issue all orders necessary to ensure the safety, well-being, and rehabilitation of individuals who come within or consent to its jurisdiction. [8 O.C. 808.4-1(a)]. The Court shall have the power to implement all the duties, responsibilities, and remedies set out in this Law, including the power to enforce subpoenas and orders of restriction, fines and orders of restitution, contempt, and other powers as appropriate. [8 O.C. 808.4-1(b)]. C. Jurisdiction. The Healing to Wellness Court shall have jurisdiction over matters related to substance abuse and addiction and any matters arising under this Law .[8 O.C. 808.4-2]. D. Healing to Wellness Court Team. The Healing to Wellness Court program shall be administered by a Healing to Wellness Court Team, which shall be comprised of the following individuals: 1. Trial Court Judge; 2. Healing to Wellness Court Coordinator; 3. Oneida Police Department Officer; 4. Representative of Probation; 5. Substance Abuse Treatment Provider; 6. Representative of Oneida culture and heritage; and 7. Any other member to be determines by the Healing to Wellness Court Team. [8 O.C. 808.43(a)]. The composition of the Healing to Wellness Court Team may be revised as necessary as determined by the Court. The Court shall provide notification of any revision to the composition of the Healing to Wellness Court Team to the Oneida Business Committee and General Manager. [8 O.C. 808.4-3(b)]. E. Healing to Wellness Court Procedures. The Court shall establish policies and procedures governing the operation and implementation of the Healing to Wellness Court program. [8 O.C. 808.5-1]. All Healing to Wellness Court Team meetings and hearings shall be closed to the public except for invited guests as allowed by HIPAA regulations. [8 O.C. 808.5-3]. The Court shall not be a court of record. Any information obtained, used, or disclosed by a member of the Healing to Wellness Court Team, including the participant, while the participant is under the jurisdiction of the Court shall not be used as evidence against the participant in any other proceeding in the Judiciary or any other court in any other jurisdiction. All Court records are privileged and confidential and shall not be disclosed except to the members of the Healing to Wellness Court Team. [8 O.C. 808.5-7]. However, confidential information may always be disclosed after the participant has signed a proper consent form, even if it is protected by Federal confidentiality regulations. The regulations also permit disclosure without a participant’s consent in several situations, including medical emergencies, program evaluations, and communications among program staff. [8 O.C. 808.5-7(a)]. SECTION 6. RELATED LEGISLATION A. Related Legislation. The following laws of the Nation are related to this Law: 19 of 133 Analysis to Draft 1 for OBC Consideration 2022 07 13 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208     Judiciary law. The Judiciary law established a Judiciary for the Nation, and provides for the administration of law, justice, judicial procedures, and practices by the Nation as a sovereign nation by exercising the inherent power to make, execute, apply, and enforce its own law, and to apply its own customs and traditions in matters affecting the Oneida people. [8 O.C. 801.11].  Court Open to the Public. The Judiciary law provides that proceedings of the Trial Court shall be public, and members of the general public may freely attend the same, except for peacemaking or mediation proceedings or if expressly prohibited by law. [8 O.C. 801.4-4]. 1. This Law provides that all Healing to Wellness Court Team hearings shall be closed to the public except for invited guests as allowed by HIPAA regulations. [8 O.C. 808.5-3].  Subject Matter Jurisdiction. The Judiciary law provides that Trial Court shall have subject matter jurisdiction over cases and controversies where laws of the Nation specifically authorize the Trial Court to exercise jurisdiction. 1. This Law provides that the Healing to Wellness Court shall have jurisdiction over matters related to substance abuse and addiction and any matters arising under this law. [8 O.C. 808.4-2].  Internal Operating Procedures. The Judiciary law provides that the Judiciary is authorized to establish internal operating procedures governing the operation of the court, as long as the procedures shall not affect substantive rights and shall not conflict with existing law, the Rules of Procedure, or other rules enacted or approved by the Oneida Business Committee or Oneida General Tribal Council. 1. This Law provides that the Court shall establish policies and procedures governing the operation and implementation of the Healing to Wellness Court program. [8 O.C. 808.5-1]. Oneida Judiciary Rules of Civil Procedure. The Oneida Judiciary Rules of Civil Procedure governs all civil actions that fall under the jurisdiction of the Nation to ensure that there is a consistent set of rules governing the process for civil claims, in order to ensure equal and fair treatment to all persons who come before the Tribal Courts to have their disputes resolved. [8 O.C. 803.1-1, 803.1-2].  This Law provides that the Oneida Judiciary Rules of Civil Procedure shall not apply in any Court proceedings. [8 O.C. 808.5-6]. Oneida Judiciary Rules of Evidence. The Oneida Judiciary Rules of Evidence establishes rules of evidence to apply in proceedings held in the Trial court and Family Court of the Oneida Judiciary administer Court proceedings fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, by obtaining the truth and securing a just determination. [8 O.C. 804.1-1, 804.1-2].  This Law provides that the Oneida Judiciary Rules of Evidence shall not apply in any Court proceedings. [8 O.C. 808.5-6]. Public Peace Law. The Public Peace law sets forth community standards and expectations which preserve the peace, harmony, safety, health, and general welfare of individuals who live within the boundaries of the Reservation. [3 O.C. 309.1-1]. The Public Peace law prohibits a 20 of 133 Analysis to Draft 1 for OBC Consideration 2022 07 13 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 person from committing a civil infraction involving alcohol, tobacco, and drugs. [3 O.C. 309.44, 309.9]. Upon a finding by the Trial Court that a violation of the Public Peace law has occurred, the individual may be ordered to participate in counseling or any other program relevant and available to the Nation. [3 O.C. 309.11-2(c)].  Potentially, a person who violates the Public Peace law may be ordered to participate in the Nation’s Healing to Wellness Court program is allowed by Court’s policies and procedures. SECTION 7. OTHER CONSIDERATIONS A. Fiscal Impact. Please refer to the fiscal impact statement for any fiscal impacts. a. Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except emergency legislation. [1 O.C. 109.6-1]. i. A fiscal impact statement shall be submitted by agencies as directed by the Legislative Operating Committee. [1 O.C. 109.6-1]. ii. Fiscal Impact statements may be prepared by any agency who may receive funding if the legislation is enacted, any agency who may administer a program if the legislation is enacted, any agency who may have financial information concerning the subject matter of the legislation, or by the Finance Office, upon request of the Legislative Operating Committee. [1 O.C. 109.6-1(a) and (b)]. iii. Oneida Business Committee resolution BC-10-28-20-A titled, Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act, provides further clarification on who the Legislative Operating Committee may direct complete a fiscal impact statement at various stages of the legislative process, as well as timeframes for completing the fiscal impact statement. b. Conclusion. A fiscal impact statement was provided by the Finance Department on June 29, 2022. 21 of 133 Draft 1 for OBC Consideration 2022 07 13 Title 8. Judiciary - Chapter 808 HEALING TO WELLNESS COURT 808.1. Purpose and Policy 808.2. Adoption, Amendment, Repeal 808.3. Definitions 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 808.4. General 808.5. Healing to Wellness Court Procedures 808.1. Purpose and Policy 808.1-1. Purpose. The purpose of this law is to establish the Nation’s Healing to Wellness Court to: (a) offer intensive case management, treatment, and court supervision to individuals who committed an offense directly or indirectly related to a substance abuse or addiction issue; (b) provide access to holistic, structured, and phased substance abuse treatment and rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho t^ (Our Ways); (c) create intragovernmental and intergovernmental collaborative teams to interact with each participant; and (d) encourage and support each participant in the goal of their recovery to lead lawful productive lives free of substance abuse and addiction. 808.1-2. Policy. It is the policy of the Nation to bring together community-healing resources with the Nation’s justice system to work collaboratively with intragovernmental and intergovernmental partnerships to reduce the abuse of alcohol and other drugs and drug-related criminal activity affecting the Nation’s community in an effort to promote life-long substance abuse recovery and the reintegration of participants into the Oneida community. 808.2. Adoption, Amendment, Repeal 808.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__. 808.2-2. This law may be amended or repealed by the Oneida Business Committee and/or General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 808.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 808.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 808.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 808.3. Definitions 808.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Court” means the Oneida Healing to Wellness Court, which is a division under the Trial Court that has the designated responsibility to oversee the Healing to Wellness Court program matters. (b) “Court of competent jurisdiction” means a federal, state, or tribal court that has jurisdiction and authority to do a certain act or hear a certain dispute. (c) “Healing to Wellness Court program” means a court-supervised evidence-based treatment program which promotes recover through a coordinated community-based 8. O.C. 808 – Page 1 22 of 133 Draft 1 for OBC Consideration 2022 07 13 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 response for individuals who abuse or are dependent on any controlled substance or alcohol. (d) “Intragovernmental” means relating to or conducted within a government. (e) “Intergovernmental” means relating to or conducted between two (2) or more governments. (f) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later authorized to administer the judicial authorities and responsibilities of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A. (g) “Nation” means the Oneida Nation. (h) “Participant” means an individual who is admitted to the Healing to Wellness Court. (i) “Trial Court” means the Trial Court of the Oneida Nation Judiciary. 808.4. General 808.4-1. Establishment. The Healing to Wellness Court is hereby established as a division of the Trial Court. (a) The Court shall have the authority to issue all orders necessary to ensure the safety, well-being, and rehabilitation of individuals who come within or consent to its jurisdiction. (b) The Court shall have the power to implement all the duties, responsibilities, and remedies set out in this law, including the power to enforce subpoenas and orders of restriction, fines and orders of restitution, contempt, and other powers as appropriate. 808.4-2. Jurisdiction. The Court shall have jurisdiction over matters related to substance abuse and addiction and any matter arising under this law. (a) Concurrent Jurisdiction. The Court shall have the authority to collaborate with courts of competent jurisdiction that exercise concurrent jurisdiction. (b) The Court may enter into collaborative inter-jurisdictional agreements with other courts of competent jurisdiction, law enforcement agencies, and other service providers upon approval by the Oneida Business Committee. 808.4-3. Healing to Wellness Court Team. The Healing to Wellness Court program shall be administered by a Healing to Wellness Court Team. The Healing to Wellness Court Team is the group of professionals who are primarily responsible for overseeing the day-to-day operations of the Healing to Wellness Court program and administering the treatment and supervisory interventions. (a) Composition. The Healing to Wellness Court Team shall be comprised of the following individuals: (1) Trial Court Judge; (2) Healing to Wellness Court Coordinator; (3) Oneida Police Department Officer; (4) Representative of Probation; (5) Substance Abuse Treatment Provider; (6) Representative of Oneida culture and heritage; and (7) any other member to be determined by the Healing to Wellness Court Team. (b) Revisions to the Composition of the Healing to Wellness Court Team. The composition of the Healing to Wellness Court Team may be revised as necessary as determined by the Court. The Court shall provide notification of any revision to the composition of the Healing to Wellness Court Team to the Oneida Business Committee and General Manager. 8. O.C. 808 – Page 2 23 of 133 Draft 1 for OBC Consideration 2022 07 13 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 808.5. Healing to Wellness Court Procedures 808.5-1. Establishment of Policies and Procedures. The Court shall establish policies and procedures governing the operation and implementation of the Healing to Wellness Court program. The policies and procedures of the Healing to Wellness Court program shall not affect substantive rights and shall not conflict with existing law or rules enacted or approved by the Oneida Business Committee or Oneida General Tribal Council unless otherwise provided for within this law. 808.5-2. Healing to Wellness Court Team meetings and hearings shall proceed pursuant to the policies and procedures adopted by the Court. 808.5-3. All Healing to Wellness Court Team meetings and hearings shall be closed to the public except for invited guests as allowed by HIPAA regulations. 808.5-4. The Court is strictly a non-adversarial forum. 808.5-5. The Court judge shall make all findings of facts relevant to each participant's case pursuant to the policies and procedures adopted by the Court. 808.5-6. Exclusion from the Oneida Judiciary Rules of Evidence and Oneida Judiciary Rules of Civil Procedure. The Oneida Judiciary Rules of Evidence as well as the Oneida Judiciary Rules of Civil Procedure shall not apply in any Court proceedings. 808.5-7. Not a Court of Record. The Court shall not be a court of record. Any information obtained, used, or disclosed by a member of the Healing to Wellness Court Team, including the participant, while the participant is under the jurisdiction of the Court shall not be used as evidence against the participant in any other proceeding in the Judiciary or any other court in any other jurisdiction. All Court records are privileged and confidential and shall not be disclosed except to the members of the Healing to Wellness Court Team. (a) Confidential information may always be disclosed after the participant has signed a proper consent form, even if it is protected by Federal confidentiality regulations. The regulations also permit disclosure without a participant's consent in several situations, including medical emergencies, program evaluations and communications among program staff. End. Adopted – BC-__-__-__-__ 8. O.C. 808 – Page 3 24 of 133 FINANCE ADMINISTRATION ODDDCX) Fiscal Impact Statement ONEIDA "' MEMORANDUM TO: Lawrence Barton, Chief Financial Officer FROM: RaLinda Ninham-Lamberies, Assistant Chief Financial Officer DATE: June 21, 2022 RE: Fiscal Impact of the Healing to Wellness Court Law I. Estimated Fiscal Impact Summary Law: Healing to Wellness Court Law I Implementing Agency The Nation’s Judiciary, Oneida Police Department, and Oneida Behavioral Health Estimated time to comply Estimated Impact Total Estimated Fiscal Impact Three to six months Current Fiscal Year $259,147 II. 10 Year Estimate $2,798,088-$4,123,996 Background A. Legislative History This is a new law to establish the Nation’s Healing to Wellness Court. B. Summary of Content The purpose of this law is to establish the Nation’s Healing to Wellness Court to: • • Offer intensive case management, treatment, and court supervision to individuals who committed an offense directly or indirectly related to a substance abuse or addiction issue; Provide access to holistic, structured, and phased substance abuse treatment and rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho t^ (Our Ways); 1 25 of 133 • • III. Create intragovernmental and intergovernmental collaborative teams to interact with each participant; and Encourage and support each participant in the goal of their recovery to lead lawful productive lives free of substance abuse and addiction. Methodology and Assumptions A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year financial effects associated with legislation and includes startup costs, personnel, office expenses, documentation costs, as well as an estimate of the amount of time necessary for an agency to comply with the Law after implementation. Finance does NOT identify the source of funding for the estimated cost or allocate any funds to the legislation. The analysis was completed based on the information provided as of the date of this memo. IV. Executive Summary of Findings • The Healing to Wellness Court is hereby established as a division of the Oneida Trial Court. • The Law will have the authority to issue all orders necessary to ensure the safety, well-being, and rehabilitation of individuals who come within or consent to its jurisdiction. • The Law will have the power to implement all the duties, responsibilities, and remedies set out in this law, including the power to enforce subpoenas and orders of restriction, fines and orders of restitution, contempt, and other powers as appropriate. • The Law will have jurisdiction over matters related to substance abuse and addiction and any matter arising under this law. • The Law will have the authority to collaborate with courts of competent jurisdiction that exercise concurrent jurisdiction. • The Law may enter into collaborative inter-jurisdictional agreements with other courts of competent jurisdiction, law enforcement agencies, and other service providers upon approval by the Oneida Business Committee. • The Healing to Wellness Court Team shall be comprised of the following individuals: 2 A good mind. A good heart. A strong fire. ~ ONEIDA 26 of 133 (1) Oneida Trial Court Judge; (2) Oneida Healing to Wellness Court Coordinator; (3) Oneida Police Department Officer; (4) Representative of Probation; (5) Substance Abuse Treatment Provider; (6) Representative of Oneida Culture and Heritage; and (7) Any other member to be determined by the Healing to Wellness Court Team. V. • The composition of the Healing to Wellness Court Team may be revised as necessary as determined by the Court. • The Law will establish policies and procedures governing the operation and implementation of the Healing to Wellness Court program. • All Healing to Wellness Court Team meetings and hearings shall be closed to the public except for invited guests as allowed by HIPAA regulations. • The Law is strictly a non-adversarial forum. • The Law will not be a court of record. Any information obtained, used, or disclosed by a member of the Healing to Wellness Court Team, including the participant, while the participant is under the jurisdiction of the Court shall not be used as evidence against the participant in any other proceeding in the Judiciary or any other court in any other jurisdiction. Agency The Law governs the overarching budget process and establishes requirements of the Nation’s Judiciary, Oneida Police Department, and Oneida Behavioral Health. Oneida Behavioral Health will need approximately 3 to 6 months for implementation. The Oneida Police Department will be able to implement immediately. The Oneida Judiciary will be able to implement with 45 days. VI. Financial Impact The Oneida Judiciary and the Oneida Police Department have identified the estimated fiscal impact to their areas for the proposed law. The Oneida Judiciary estimates the annual impact to be approximately $259,622 and the Oneida Police Department has estimated the cost for a deputy for each eight-hour increment to be approximately $475.00. As it is unclear the level of need for the program upon adoption of the law, the fiscal impact estimation includes eight hours to be conservative. The total fiscal impact for one year is estimated at $259,622 and the ten-year impact is estimated at $2,798,088 3 A good mind. A good heart. A strong fire. ~ ONEIDA 27 of 133 with an annual inflation factor of three percent (3%). If the level of need for the program would require the Oneida Police Department to add a full-time position, the annual impact is estimated at $382,647 for year one and the total for ten-year is estimated at $4,123,996 with an inflation factor of three percent (3%). VII. Recommendation Finance Department does not make a recommendation on course of action in this matter. Rather, it is the purpose of this report to disclose potential financial impact of this legislation, so that the Oneida Business Committee and General Tribal Council has the information with which to render a decision. 4 A good mind. A good heart. A strong fire. ~ ONEIDA 28 of 133 Oneida Nation "' Oneida Business Committee Legislative Operating Committee =DODDOO PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-nsn.gov Legislative Operating Committee July 6, 2022 Children’s Code Amendments Submission Date: 10/7/20 LOC Sponsor: David P. Jordan Public Meeting: 6/15/22 Emergency Enacted: N/A Summary: This item was carried over from last term. On August 25, 2020, the Oneida Law Office and Indian Child Welfare Department requested that emergency amendments be made to the Children’s Code to address customary adoption. The departments were seeking that customary adoption be changed to a suspension of rights rather than a termination of rights in order to allow for the adopting family to be eligible for Adoption Assistance with the State. On August 28, 2020, the LOC considered this request and determined that it did not meet the standard for emergency amendments provided by the Legislative Procedures Act, but that the LOC would add this item to the AFL for amendments to be made via the normal legislative process. 10/7/20 LOC: Motion by Kirby Metoxen to add the Children’s Code Amendments to the Active Files List with David Jordan as the sponsor; seconded by Jennifer Webster. Motion carried unanimously. 10/13/20: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Tina Jorgenson, Jennifer Berg-Hargrove, Heather Lee. Alebra Cornelius, Peggy Schneider, Rhiannon Metoxen, Kristal Hill. This work meeting was held over Microsoft Teams. On July 22, 2020, the OBC was asked to consider amending resolution BC-07-26-17-J to permanently adopt the policy set forth by the March 20, 2020, COVID-19 Core Decision Making Team’s “Suspension of Transfer of Cases in Resolution# BC-07-26-17-J, Adoption of the Children's Code and the Nation's Indian Child Welfare Act Policy” declaration. The OBC adopted a motion to accept the request as information and send to the LOC for processing. The purpose of this work meeting was to allow the ICW Department and Law Office an opportunity to provide the LOC with more information on why this change should be made on a permanent basis beyond the Public Health State of Emergency. The LOC decided to pursue this change, and directed the LRO Attorney to draft a resolution which amends the policy on the transfer of cases. 3/3/21 LOC: Motion by Jennifer Webster to deny the request for emergency amendments due to the fact that it does not meet the standard for emergency legislation provided by the Legislative Procedures Act which is that it is necessary for the immediate preservation of the public health, safety, and general welfare of the Reservation population, and move this item from a medium priority to a high priority with direction that this be worked on as expeditiously as possible; seconded by Daniel Guzman King. Motion carried unanimously. 4/12/21: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Hon. Robert Collins, Kristina Denny, Patricia DeGrand, Rhiannon Metoxen. This work meeting was held over Microsoft Teams. The purpose of this work meeting was for the Family Court to provide a “Children’s Code 101” and then for the workgroup to begin reviewing the Children’s Code line-by-line and discussing potential amendments to the law. Page 1 of 3 A good mind. A good heart. A strong fire. 29 of 133 4/12/21: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Jennifer Berg-Hargrove, Alebra Cornelius, Heather Lee, Michael Hoeft, Peggy Schneider, Lydia Witte, Kristal Hill, Rhiannon Metoxen. This work meeting was held over Microsoft Teams. The purpose of this work meeting was for the Indian Child Welfare (ICW) Department to provide a “Children’s Code 101” and then for the workgroup to begin reviewing the Children’s Code line-by-line and discussing potential amendments to the law. 4/26/21: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Hon. Robert Collins, Hon. Marcus Zielinski, Kristina Denny, Patricia DeGrand, Rhiannon Metoxen, Kristal Hill. This work meeting was held over Microsoft Teams. The purpose of this work meeting was for the workgroup to continue reviewing the Children’s Code line-by-line and discussing potential amendments to the law. 6/4/21: Work Meeting. Present: Clorissa N. Santiago, Jennifer Berg-Hargrove, Alebra Cornelius, Heather Lee, Michael Hoeft, Peggy Schneider, Lydia Witte, Kristal Hill. This work meeting was held over Microsoft Teams. The purpose of this work meeting was to review and discuss potential amendments to the law. 2/16/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Lydia Witte. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to allow Attorney Lydia Witte to introduce herself to the LOC and provide some background on the amendments the ICW Department is requesting. 4/12/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Carmen Vanlanen, Lydia Witte, Peggy Van Gheem, Jennifer Berg-Hargrove, Heather Lee, Alebra Metoxen, Michael Hoeft, Hon. Robert Collins II, Hon. Rodney Dequaine, Kristal Hill, Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review the initial draft of proposed amendments to the Children’s Code. 4/20/22 LOC: Motion by Marie Summers to approve the draft of the Children’s Code amendments and direct that a legislative analysis be developed; seconded by Jennifer Webster. Motion carried unanimously. 5/4/22 LOC: Motion by Jennifer Webster to approve the updated draft and the legislative analysis for Children’s Code amendments; seconded by Daniel Guzman King. Motion carried unanimously. 5/12/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie Summers, Kirby Metoxen, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review the public meeting notice for the Children’s Code amendments. 5/18/22 LOC: Motion by Jennifer Webster to approve the public meeting packet and forward the Children’s Code amendments to a public meeting to be held on June 15, 2022; seconded by Marie Summers. Motion carried unanimously. 6/15/22: Public Meeting Held. Present: Jennifer Webster, Marie Summers (Microsoft Teams), Clorissa N. Santiago, Carolyn Salutz, Grace Elliot, Brooke Doxtator, Jameson Wilson A good mind. A good heart. A strong fire. Page 2 of 3 ~ ONEIDA 30 of 133 (Microsoft Teams), Jeanette Ninham (Microsoft Teams), Michelle Myers (Microsoft Teams), Jennifer Berg-Hargrove (Microsoft Teams), Lydia Witte (Microsoft Teams), Hon. Robert Collins II, Kristal Hill (Microsoft Teams). The public meeting for the Children’s Code amendments was held in person in the Norbert Hill Center and on Microsoft Teams. No individuals provided public comment during the public meeting. 6/22/22: Public Comment Period Closed. One (1) submission of written comments were received during the public comment period. Next Steps:  Accept the public comments and the public comment review memorandum and defer to a work meeting for further consideration. A good mind. A good heart. A strong fire. Page 3 of 3 ~ ONEIDA 31 of 133 Oneida Nation =DODDOO PO Box 365 • Oneida, WI 54115-0365 ONEIDA Oneida-nsn.gov TO: FROM: DATE: RE: "' Oneida Business Committee Legislative Operating Committee Legislative Operating Committee (LOC) Clorissa N. Santiago, Legislative Reference Office, Senior Staff Attorney July 6, 2022 Children’s Code Amendments: Public Comment Review On June 15, 2022, a public meeting was held regarding the proposed amendments to the Children’s Code (“the Law”). The public comment period was then held open until June 22, 2022. This memorandum is submitted as a review of the written comments received during the public comment period. The public meeting draft, public meeting transcript, and written comments received are attached to this memorandum for review. Comment 1 – GAL Access to Information: 708.8. Guardian ad litem 708.8-3. Responsibilities. The guardian ad litem has none of the rights or duties of a general guardian. The guardian ad litem shall: (a) investigate and review all relevant information, records and documents, as well as interview the child, parent(s), social workers, and all other relevant persons to gather facts when appropriate; (b) consider the importance of the child’s culture, heritage and traditions; (c) consider, but shall not be bound by, the wishes of the child or the positions of others as to the best interests of the child; (d) explain the role of the guardian ad litem and the court proceedings to the child in language and terms appropriate to the child’s age and maturity level; (e) provide a written or oral report to the Court regarding the best interests of the child, including conclusions and recommendations and the facts upon which they are based; (f) recommend evaluations, assessments, services and treatment of the child and the child’s family when appropriate; (g) inform the court of any concerns or possible issues regarding the child or the child’s family; (h) represent the best interests of the child; (i) perform other duties as directed by the Court; and (j) comply with all laws, policies and rules of the Nation governing the conduct of a guardian ad litem. Jessica Vandekamp (written): Shekoli, The recommendations I have to add to the Children’s Code Amendments are to be consistent with Title 7 Children, Elders & Family Chapter 705, Child Custody, Placement and Visitation. Specifically for the purposes to carry out duties described in 705.85 Guardian ad Litem Responsibilities without undue delay. Page 1 of 4 A good mind. A good heart. A strong fire. 32 of 133 Recommendation: Agencies (Child Support, ICW, Oneida Judiciary, GAL etc.) shall share information on family court cases that are serving in the best interest of children. Challenge: Currently sharing of information between agencies is not included in the law, therefore, as a Guardian ad Litem, ICW requires me to retrieve a signed authorization form before releasing information – a court order isn’t enough. I’m not able to get timely and important information from ICW workers or on CHIPS cases. The problem this presents is that a GAL has to make time and find the parent, meet with a parent to get a signature on a form to authorize consent to obtain information. Sometimes the parent is reluctant to sign, and/or their child that may not even be in their custody. Question: In many cases the same judge assigning a GAL to a case is the same judge doing the CHIPS hearing so why does it have to be so difficult to for one to obtain information on a common case? Solution: To save time, resources, money and frustration by an agency/entity (GAL), documentation regarding serving for the best interest of children must be shared for all parties to get a wholistic view of the situation. Response The commenter expresses concern over her experience working as a guardian ad litem (GAL) and the difficulty she faced in efficiently obtaining information from the various agencies of the Nation. Specifically, the commenter discussed an appointment as a GAL for a child in a case under the Child Custody, Placement, and Visitation law and difficulty obtaining information from the Indian Child Welfare Department for information pertaining to the same child in a related child welfare case. The commenter expresses the importance of a GAL being able to efficiently access all information regarding a child in order to come to a conclusion as to the best interests of a child. A GAL is a person appointed by the Court to appear at any peacemaking, mediation, or hearing who is tasked with representing the best interest of the person appointed for. [7 O.C. 708.3-1(x), 705.3-1(g)]. Under the Children’s Code, the GAL has the following responsibilities:  investigate and review all relevant information, records and documents, as well as interview the child, parent(s), social workers, and all other relevant persons to gather facts when appropriate;  consider the importance of the child’s culture, heritage and traditions;  consider, but shall not be bound by, the wishes of the child or the positions of others as to the best interests of the child;  explain the role of the guardian ad litem and the court proceedings to the child in language and terms appropriate to the child’s age and maturity level;  provide a written or oral report to the Court regarding the best interests of the child, including conclusions and recommendations and the facts upon which they are based; A good mind. A good heart. A strong fire. Page 2 of 4 ~ ONEIDA 33 of 133      recommend evaluations, assessments, services and treatment of the child and the child’s family when appropriate; inform the court of any concerns or possible issues regarding the child or the child’s family; represent the best interests of the child; perform other duties as directed by the Court; and comply with all laws, policies and rules of the Nation governing the conduct of a guardian ad litem. [7 O.C. 708.8-3]. Under the Child Custody, Placement, and Visitation law GAL has the following responsibilities:  be an advocate for the best interests of a child;  consider, but shall not be bound by, the wishes of the child or the positions of others as to the best interests of the child;  investigate the issues and provide a written report to the Court; and  communicate to the Court the wishes of the child, unless the child asks the guardian ad litem to do otherwise. [7 O.C. 705.8-5]. Overall, an important responsibility of a GAL is to investigate and review all relevant information, records and documents. When the Court appoints a GAL, whether that be in a case under the Children’s Code or the Child Custody, Placement, and Visitation law, the Court’s order contains the following statement: The guardian ad litem shall be provided access to all records in possession of juvenile intake; the tribal, county or state department of social services; child welfare agencies; schools; or law enforcement agencies pertaining to the above captioned case, regardless of the originating source, including but not limited to, medical, mental health, psychological, counseling, drug or alcohol records from a non-federally assisted program as defined in 42 CFR Part 2, financial, educational, employment, probation, and law enforcement records. The inclusion of this statement in the Court order is to avoid unnecessary delay, especially when the GAL has to meet expedited timelines included under the Children’s Code. Requiring a GAL to seek a signed authorization form from the parent in order to access information from the Indian Child Welfare Department should not be necessary when there the order made by the Court already addresses the release of information to the GAL. In order to clarify this issue and avoid unnecessary delay in the future, it is recommended that the following revision be made to the Children’s Code: 708.14. Discovery and Records 708.14-1. Upon written request, the parties and their counsel shall have the right to inspect, copy or photograph social, psychiatric, psychological, medical, and school reports, and records concerning the child including reports of preliminary inquiries, predisposition studies and supervision records relating to the child which are in the possession of the Nation’s Child Welfare attorney or the Department that pertain to any case under this law. A good mind. A good heart. A strong fire. Page 3 of 4 ~ ONEIDA 34 of 133 708.14-2. The Department shall make available for inspection or disclosure the contents of any record kept, regardless of the originating source, to a guardian ad litem appointed in a Children’s Code or family law case when that access is granted by order of the Court. LOC Consideration A good mind. A good heart. A strong fire. Page 4 of 4 ~ ONEIDA 35 of 133 Draft 2 – PM Draft (Redline to Current) 2022 05 18 Title 7. Children, Elders and Family - Chapter 708 CHILDREN’S CODE Latiksa>sh&ha Laotilihw@=ke the children – their issues CHILDREN’S CODE 708.1. 708.2. 708.3. 708.4. 708.5. 708.6. 708.7. 708.8. 708.9. 708.10. 708.11. 708.12. 708.13. 708.14. 708.15. 708.16. 708.17. 708.18. 708.19. 708.20. 708.21. 708.22. 708.23. 708.24. 708.25. Purpose and Policy Adoption, Amendment, Repeal Definitions Scope Jurisdiction Nation’s Child Welfare Attorney Indian Child Welfare Department Duties and Responsibilities Guardian ad litem Advocate Cultural Wellness Facilitator and Healer Order of Placement Preferences Notice of Petition Hearings (General) Discovery and Records Taking a Child into Custody Emergency Custody Hearing Petition for a Child in Need of Protection or Services Consent Decree Plea Hearing for a Child in Need of Protection or Services Fact-finding Hearing for a Child in Need of Protection or Services Department’s Disposition Report for a Child in Need of Protection or Services Dispositional Hearing for a Child in Need of Protection or Services Permanency Plans Change in Placement Trial Reunification 708.26. 708.27. 708.28. 708.29. Revision of Dispositional Orders Extension of Dispositional Orders Continuation of Dispositional Orders Guardianship for Certain Children in Need of Protection or Services 708.30. Revisions of Guardianship Order 708.31. Termination of Guardianship 708.32. Suspension or Termination of Parental Rights 708.33. Voluntary Suspension or Termination of Parental Rights 708.34. Grounds for Involuntary Suspension or Termination of Parental Rights 708.35. Petition for Suspension or Termination of Parental Rights 708.36. Initial Hearing on the Suspension or Termination of Parental Rights Petition 708.37. Fact Finding Hearing for a Suspension or Termination of Parental Rights 708.38. Department’s Suspension or Termination of Parental Rights Report 708.39. Standards and Factors 708.40. Dispositional Hearings for Suspension or Termination of Parental Rights 708.41. Adoption 708.42. Adoption Criteria and Eligibility 708.43. Adoption Procedure 708.44. Non-Compliance with a Residual Rights Agreement 708.45. Peacemaking and Mediation 708.46. Appeals 708.47. Liability 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 708.1. Purpose and Policy 708.1-1. Purpose. The purpose of this law is to provide for the welfare, care, and protection of Oneida children through the preservation of the family unit, while recognizing that in some circumstances it may be in the child’s best interest to not be reunited with his or her family. Furthermore, this law strengthens family life by assisting parents in fulfilling their responsibilities as well as facilitating the return of Oneida children to the jurisdiction of the Nation and acknowledging the customs and traditions of the Nation when raising an Oneida child. 708.1-2. Policy. It is the policy of the Nation to ensure there is a standard process for conducting judicial proceedings and other procedures in which children and all other interested parties are provided fair hearings in addition to ensuring their legal rights are recognized and enforced, while protecting the public safety. 708.2. Adoption, Amendment, Repeal 708.2-1. This law was adopted by the Oneida Business Committee by resolution BC-07-26-17-J., and amended by resolution BC-__-__-__-__. 7 O.C. 708 – Page 1 36 of 133 Draft 2 – PM Draft (Redline to Current) 2022 05 18 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 708.2-2. This law may be amended or repealed by the Oneida Business Committee and/or Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 708.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 708.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. Provided that, this law repeals the following: (a) Resolution # BC-09-25-81 Oneida Child Protective Board Ordinance; (b) Resolution # BC-10-07-81-A Appointing Members to the Oneida Child Protective Board; (c) Resolution # BC-05-24-84-C Definition of Extended Family Member; (d) Resolution # BC-01-14-15-A Amendment of Oneida Child Protective Board Ordinance; (e) Resolution # BC-05-13-15 Indian Child Welfare Act Policy; and (f) Resolution # BC-12 -10-03-A Oneida Child Protective Boards Stipends. 708.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 708.3. Definitions 708.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Abuse” means any of the following: (1) Physical injury inflicted on a child by other than accidental means; (2) Sexual assault; (3) Sexual exploitation of a child; (4) Prostitution or trafficking of a child; (5) Causing a child to view or listen to sexual activity or sexually explicit materials; (6) Exposing a child to the manufacture, sale, or use of controlled substances; and/or (7) Emotional damage for which the child’s parent, guardian, or legal custodian has neglected, refused, or been unable for reasons other than poverty to obtain the necessary treatment or take steps to address the issue. (b) “Advocate” means a person who is a non-attorney presented to the Court as the representative or advisor to a party. (c) “Alcohol and other drug abuse impairment” means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcoholic beverages or controlled substances to the extent that the person’s health is substantially affected or endangered or the person’s social or economic functioning is substantially disrupted. (d) “Attorney” means a person trained and licensed to represent another person in Court, to prepare documents and to give advice or counsel on matters of law. (e) “Best interest of the child” means the interest of a child to: (1) Have a full, meaningful, and loving relationship with both parents and family as much as possible; (2) Be free from physical, sexual and emotional abuse; (3) Be raised in conditions that foster and encourage the happiness, security, safety, welfare, physical and mental health, and emotional development of the child; (4) Receive appropriate medical care; 7 O.C. 708 – Page 2 37 of 133 Draft 2 – PM Draft (Redline to Current) 2022 05 18 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 (5) Receive appropriate education; (6) Be raised in conditions which maximize the chances of the child becoming a contributing member of society; and (7) Be raised in an environment that is respectful of the child’s race(s), culture(s), and heritage(s). (f) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding holidays recognized by the Nation. (g) “Child” means a person who is less than eighteen (18) years of age. (h) “Clear and convincing evidence” means that a particular fact is substantially more likely than not to be true. (i) “Counsel” means an attorney or advocate presented to the Court as the representative or advisor to a party. (j) “Court” means the Oneida Nation Family Court, which is the branch of the Oneida Nation Judiciary that has the designated responsibility to oversee family matters. (k) “Court of competent jurisdiction” means a state or tribal court that has jurisdiction and authority to do a certain act or hear a certain dispute. (l) “Department” means the Oneida Nation Indian Child Welfare Department. (m) “Disposition” means the Court’s final ruling or decision on a case or legal issue. (n) “Dispositional hearing” means a hearing for the Court to make its final determination of a case or issue. (o) “Emotional damage” means harm to a child’s psychological or intellectual functioning evidenced by one (1) or more of the following characteristics exhibited to a severe degree: (1) anxiety; (2) depression; (3) withdrawal; (4) outward aggressive behavior; and/or (5) a substantial and observable change in behavior, emotional response, or cognition that is not within the normal range for the child’s age and stage of development. (p) “Expert” means a person with special training, experience, or expertise in a field beyond the knowledge of an ordinary person. (q) “Extended family” means a person who has reached the age of eighteen (18) and who is the child’s grandparent, aunt, uncle, brother, sister, brother-in-law, sister-in-law, niece, nephew, first, second, third or fourth cousin, or stepparent. (r) “Fact-finding hearing" means a hearing for the Court to determine if the allegations in a petition under this law are proved by clear and convincing evidence. (s) “Fictive kin” means any person or persons who, to the biological parents of the child at issue, have an emotional tie to that parent wherein they are like family. (t) “Foster home” means any home which is licensed by the Department and/or applicable licensing agency and maintained by any individual(s) suitable for placement of children when taken into custody or pending court matters. (u) “Good cause” means adequate or substantial grounds or reason to take a certain action, or to fail to take an action. 7 O.C. 708 – Page 3 38 of 133 Draft 2 – PM Draft (Redline to Current) 2022 05 18 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 (v) “Group home” means any facility operated by a person required to be licensed by the Department and/or applicable licensing agency for the care and maintenance of five (5) to eight (8) children. (w) “Guardian” means any person, agency or department appointed by the Court to care for and manage the child in a particular case before the Court. A guardian has the right to make major decisions affecting a child including education, religious and cultural upbringing, the right to consent to marriage, to enlistment in the armed forces, to major surgery and medical treatment and to adoption, or make recommendations as to adoption. (x) “Guardian ad litem” means a person appointed by the Court to appear at any peacemaking, mediation, or hearing and tasked with representing the best interest of the person appointed for. (y) “Holiday” means any holiday recognized by the Nation as identified in the Nation’s laws, rules and policies governing employment. (z) “Imminent danger” means a risk of harm or injury that will occur immediately. (z)(aa) “Indian Child Welfare Worker” means a person employed by the Nation in the Indian Child Welfare Department tasked with the responsibility to carry out the duties, objectives and provisions of this law as codified at 25 USC 1901. (bb) “Informal disposition” means a written agreement with all the parties describing the conditions and obligations that must be met to ensure the child is protected and to alleviate the condition that led to the referral to the Department. An informal disposition is utilized by the Department when the Department determines that the interest of the child does not require a formal Court intervention to provide protection and services to the child. (aa)(cc) “Legal custodian” means any person other than a parent or guardian to whom legal custody of a child has been granted by court order and has the rights and responsibilities for the following: (1) To have physical custody of the child as determined by the Court, if physical custody is not with the person having legal custody; (2) To protect, educate and discipline the child so long as it is in the child’s best interest; and (3) To provide the child with adequate food, shelter, education, ordinary medical care and other basic needs, according to court order. In an emergency situation, a custodian shall have the authority to consent to surgery as well as any other emergency medical care needs. (bb)(dd) “Mediation” means a method of dispute resolution that involves a neutral third party who tries to help disputing parties reach an agreement. (cc)(ee) “Nation” means the Oneida Nation. (dd)(ff)“Neglect” means failure, refusal, or inability on the part of a caregiver, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care, or shelter so as to seriously endanger the physical health of the child. (ee)(gg) “Parent” means the biological or adoptive parent of a child. (hh) “Parties” means the parent(s), guardian(s), and legal custodian(s) of the child who is the subject of the proceedings; the Department, in cases where they are the petitioner; a guardian ad litem, if one has been appointed by the Court; and anyone else permitted to file a petition under this law. 7 O.C. 708 – Page 4 39 of 133 Draft 2 – PM Draft (Redline to Current) 2022 05 18 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 (ff)(ii) “Peacemaking” means a method of dispute resolution that is based on traditional methods of resolving disputes and addresses the needs of rebuilding relationships between people. (gg)(jj) “Permanency Plan” means a plan designed to ensure that a child is reunified with his or her family whenever appropriate, or that the child quickly attains a placement or home providing long-term stability. (hh)(kk) “Physical injury” includes, but is not limited to, any of the following: (1) lacerations; (2) fractured bones; (3) burns; (4) internal injuries; (5) severe or frequent bruising; (6) bodily injury which creates a substantial risk of death; (7) bodily injury which causes serious permanent disfigurement; (8) bodily injury which causes a permanent or protracted loss or impairment of the function of any bodily member or organ; or (9) any other serious bodily injury. (ii)(ll) “Plea hearing” means a hearing to determine whether any party wishes to contest a petition filed under this law. (jj)(mm) “Probable cause” means there are sufficient facts and circumstances that would lead a reasonable person to believe that something is true. (nn) “Protective plan” means an immediate short-term action that protects a child from present danger threats in order to allow for completion of the initial assessment, investigation and, if needed, the implementation of a safety plan. (kk)(oo) “Reasonable effort” means an earnest and conscientious effort to take good faith steps to provide the services ordered by the Court which takes into consideration the characteristics of the parent or child, the level of cooperation of the parent and other relevant circumstances of the case. (ll)(pp) “Relative” means any person connected with a child by blood, marriage or adoption. (mm)(qq) “Reservation” means all the land within the exterior boundaries of the Reservation of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and any lands added thereto pursuant to federal law. (nn)(rr) “Shelter care facility” means a non-secure place of temporary care and physical custody for children, licensed by the Department and/or applicable licensing agency. (oo)(ss) “Social history” means the social, economic, cultural and familial aspects of a person and how those aspects affect the person’s functioning and situation in life. (pp)(tt) “Special treatment or care” means professional services which need to be provided to a child or family to protect the well-being of the child, prevent out-of-home placement, or meet the needs of the child. (qq)(uu) “Stepparent” means the spouse or ex-spouse of a child’s parent who is not a biological parent of the child. (rr)(vv)“Stipulation” means a formal legal acknowledgement and agreement made between opposing parties prior to a pending hearing or trial. (ss)(ww) “Substantial parental relationship" means the acceptance and exercise of significant responsibility for the daily supervision, education, protection and care of a child. 7 O.C. 708 – Page 5 40 of 133 Draft 2 – PM Draft (Redline to Current) 2022 05 18 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 (tt) “Termination of parental rights" means that, pursuant to a court order, all rights, powers, privileges, immunities, duties and obligations existing between parent and child are permanently severed. (uu)(xx) “Treatment“Service plan” means a plan or set of conditions ordered by the Court identifying concerns and behaviors of a parent, guardian or legal custodian that resulted in a child to be in need of protection or services, and the treatment services, goals and objectives to address and remedy the concerns and behaviors of the parent, guardian or legal custodian. (vv)(yy) “Warrant” means an order issued by a court commanding a law enforcement officer to perform some act incident to the administration of justice. 708.4. Scope 708.4-1. This law shall apply to all child welfare cases and legal proceedings in which the Nation has jurisdiction. Nothing in this law is meant to restrict or limit another court of competent jurisdiction from hearing a matter involving an Indian child. 708.5. Jurisdiction 708.5-1. Personal Jurisdiction. The Court shall have personal jurisdiction over the following individuals: (a) Jurisdiction over an Oneida Child. The Court shall have personal jurisdiction over any child who is present or resides within the boundaries of Brown and Outagamie County and is enrolled or eligible for enrollment in the Nation. (b) Jurisdiction over a Non-Oneida Child. The Court shall have personal jurisdiction over any child not enrolled or eligible for enrollment in the Nation who is present or resides within the boundaries of the Reservation and is a sibling of a child that is enrolled or eligible for enrollment in the Nation if the child’s parent(s), guardian or legal custodian consents to the jurisdiction of the Court. Consent to the jurisdiction of the Court can be given by any of the following: (1) The parent(s), guardian or legal custodian knowingly and voluntarily provides the Court with written consent to the jurisdiction of the Court; or (2) The Court establishes on the record that the parent(s), guardian or legal custodian knowingly and voluntarily provides the Court with verbal consent to the jurisdiction of the Court. 708.5-2. Jurisdiction over Children Alleged to be in Need of Protection or Services. The Court shall have jurisdiction over a child alleged to be in need of protection or services if personal jurisdiction has been established and the child: (a) is without a parent or guardian; (b) has been abandoned; (c) has a parent that relinquished custody of the child pursuant to the Nation’s laws or state law and has no other parent available to provide necessary care; (d) has been the victim of abuse, including injury that is self-inflicted or inflicted by another; (e) is at substantial risk of becoming the victim of abuse, including injury that is selfinflicted or inflicted by another, based on reliable and credible information that another child in the home has been the victim of such abuse; 7 O.C. 708 – Page 6 41 of 133 Draft 2 – PM Draft (Redline to Current) 2022 05 18 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 (f) has a parent or, guardian, or legal custodian who signs the petition requesting jurisdiction under this subsection and is unable or needs assistance to care for or provide necessary special treatment or care for the child, and the child has no other parent available to provide necessary care; (g) has a guardian or legal custodian who is unable or needs assistance to care for or provide necessary special treatment or care for the child, but is unwilling or unable to sign the petition requesting jurisdiction under this subsection; (h) has been placed for care or adoption in violation of the Nation’s laws or state law; (i) is receiving inadequate care during the period of time a parent is missing, incarcerated, hospitalized or institutionalized; (j) is at least twelve (12) years of age, signs the petition requesting jurisdiction under this subsection and is in need of special treatment or care which the parent, guardian or legal custodian is unwilling, neglecting, unable or needs assistance to provide; (k) has a parent, guardian or legal custodian who neglects, refuses or is unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child; (l) has a parent, guardian or legal custodian who is at substantial risk of neglecting, refusing or being unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to endanger seriously the physical health of the child, based on reliable and credible information that the child's parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to endanger seriously the physical health of another child in the home; (m) is suffering emotional damage for which the parent, guardian or legal custodian has neglected, refused or been unable and is neglecting, refusing or unable, for reasons other than poverty, to obtain necessary treatment or to take necessary steps to improve the symptoms; (n) is suffering from an alcohol and other drug abuse impairment, exhibited to a severe degree, for which the parent, guardian or legal custodian is neglecting, refusing or unable to provide treatment; or (o) is non-compliant with the Nation’s or State’s immunization laws. 708.5-3. Jurisdiction over other Matters Relating to Children. If jurisdiction has been established under section 708.5-1 and section 708.5-2all requirements of this law have been met the Court may: (a) terminate or suspend parental rights to a child; (b) appoint, revise, and/or remove a guardian; and (c) hold adoption proceedings. 708.5-4. Transfer of Cases from other Courts. If personal jurisdiction has been established the Court has jurisdiction over any action transferred to the Court from any court of competent jurisdiction. (a) While a case is being transferred to the Court from another court, any time limits established by this law shall be tolled until the next hearing on the matter before the Court. 708.5-5. Transfer of Cases to other Courts. The Court may transfer a case under this law to a court of competent jurisdiction where the other court has a significant interest in the child and the transfer would be in the best interest of the child. 7 O.C. 708 – Page 7 42 of 133 Draft 2 – PM Draft (Redline to Current) 2022 05 18 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 708.5-6. Any orders made by the Court under this law, or any orders made by a court of competent jurisdiction regarding child welfare matters, shall supersede any other order made by this Court or a court of competent jurisdiction regarding custody or placement of a child until the Children’s Code or other child welfare orders are dismissed. 708.6. Nation’s Child Welfare Attorney 708.6-1. A Child Welfare attorney shall represent the Nation in all proceedings under this law. The Child Welfare attorney shall be one of the following: (a) An attorney from the Oneida Law Office; (b) An attorney contracted by the Oneida Law Office; or (c) An attorney contracted by the Department. 708.7. Indian Child Welfare Department Duties and Responsibilities 708.7-1. Indian Child Welfare Worker. The Indian Child Welfare Worker shall carry out the duties and responsibilities set forth in this law which include, but are not limited to the following: (a) Receive, examine, and investigate complaints and allegations that a child is in need of protection or services for the purpose of determining the appropriate response under this law, which may include notifying law enforcement; (b) Receive referral information, conduct intake inquiries, and determine whether to initiate child welfare proceedings; (c) Determine whether a child should be held pursuant to the emergency provisions of this law; (d) Make appropriate referrals of cases to other agencies when appropriate, and share information with other agencies if their assistance appears to be needed or desirable; (e) Maintain records; (f) Enter into informal dispositions or protective plans with families; (g) Refer counseling or any other functions or services to the child and/or family as designated by the Court; (h) Identify and develop resources within the community that may be utilized by the Department and Court; (i) Make reasonable efforts to obtain necessary services for the child and family and investigate and develop resources for the child and family to utilize; (j) Accept legal custody of children when ordered by the Court; (k) Make reports and recommendations to the Court; (l) Make recommendations to the Nation’s Child Welfare attorney; (m) Request transfer from state court to the Nation’s court when appropriate; (n) Perform any other functions ordered by the Court within the limitations of the law; (o) Develop appropriate plans and conduct reviews; (p) Negotiate agreements for services, record sharing, referral, and funding for child family service records within the Department; (q) Provide measures and procedures for preserving the confidential nature of child and family service records within the Department; (r) Participate in continuing training, conferences and workshops pertinent to child welfare issues; (s) Explain the court proceedings to the child in language and terms appropriate to the child’s age and maturity level when a guardian ad litem is not appointed for a child; and 7 O.C. 708 – Page 8 43 of 133 Draft 2 – PM Draft (Redline to Current) 2022 05 18 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 (t) Maintain a knowledge and understanding of all relevant laws and regulations. 708.7-2. Department. In performing the duties set forth in this law, the Department shall: (a) Identify and refer parties to resources in the community calculated to resolve the problems presented in petitions filed in Court, such as the various psychiatric, psychological, therapeutic, counseling, and other social services available within and outside the Nation when necessary; (b) Identify and refer parties to resources in the community designed to enhance the child’s potential as a member of the Nation; (c) Investigate, inspect, and license foster homes, and monitor and supervise foster homes and children in foster care; (d) Adhere to the placement preference order stated in section 708.10; and11; (e) Enter into memorandums of understanding and/or agreement with the Oneida Trust Enrollment Committee and/or Department, Oneida Police Department, Oneida Nation Child Support Agency and any other appropriate department in order to carry out the provisions of this law; and (f) Share information with other social service andagencies, law enforcement agencies;, and other entities of the Nation as it pertains to children under the jurisdiction of this law. 708.8. Guardian ad litem 708.8-1. Appointment. The appointment of a guardian ad litem shall be as follows: (a) The Court may appoint a guardian ad litem for any child who is the subject of a child in need of protection or services proceeding; (b) The Court shall appoint a guardian ad litem for any child who is the subject of a proceeding to terminate or suspend parental rights, whether voluntary or involuntary, for a child who is the subject of a contested adoption proceeding, and for a child who is the subject of a contested guardianship proceeding; (c) The Court shall appoint a guardian ad litem for a minor parent petitioning for the voluntary termination of their parental rights; and (d) A guardian ad litem may be appointed for any other circumstance the Court deems necessary. 708.8-2. Qualifications. (a) A guardian ad litem shall be an adult who: (1) is at least twenty one (21) years of age; (2) is currently certified as a guardian ad litem and in good standing; (3) has never been convicted of a felony unless the person received a pardon or forgiveness; and (4) has never been convicted of any crime against a child. (b) No person shall be appointed guardian ad litem in that proceeding who: (1) has a personal interest in the outcome of the case, a party to the proceeding, or any other interest that has the potential to corrupt a person’s motivation or decision making, because of an actual or potential divergence between the person’s self-interests, and the best interests of the case; (2) appears as counsel or an advocate in the proceeding on behalf of any party; or (3) is related to a party of the proceeding, the Judge for the proceeding, or an appointing Judge by blood, marriage, adoption or related by a social tie that could be reasonably interpreted as a conflict of interest. (c) A guardian ad litem may be recognized as certified by the Court if he or she: 7 O.C. 708 – Page 9 44 of 133 Draft 2 – PM Draft (Redline to Current) 2022 05 18 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 (1) has completed guardian ad litem training provided by the Court, another Indian tribe, or a state; or (2) is recognized as a certified guardian ad litem by another jurisdiction. 708.8-3. Responsibilities. The guardian ad litem has none of the rights or duties of a general guardian. The guardian ad litem shall: (a) investigate and review all relevant information, records and documents, as well as interview the child, parent(s), social workers, teachers and all other relevant persons to gather facts when appropriate; (b) consider the importance of the child’s culture, heritage and traditions; (c) consider, but shall not be bound by, the wishes of the child or the positions of others as to the best interests of the child; (d) explain the role of the guardian ad litem and the court proceedings to the child in language and terms appropriate to the child’s age and maturity level; (e) provide a written or oral report to the Court regarding the best interests of the child, including conclusions and recommendations and the facts upon which they are based; (f) recommend evaluations, assessments, services and treatment of the child and the child’s family when appropriate; (g) inform the court of any concerns or possible issues regardregarding the child or the child’s family; (h) represent the best interests of the child; (i) perform other duties as directed by the Court; and (j) comply with all laws, policies and rules of the Nation governing the conduct of a guardian ad litem. 708.8-4. Compensation. The guardian ad litem shall be compensated at a rate that the Court determines is reasonable. The Court shall compensate the guardian ad litem for his or her fees. The parties shall reimburse the Court for the guardian ad litem fees. The Court may apportion the amount of reimbursement each party shall pay based on the ability to pay or assess the cost equally between the parties. The Court may determine an appropriate time frame for the reimbursement to occur. The Court may waive the guardian ad litem expense if the cost of the guardian ad litem will impose an immediate and substantial hardship on the parties. 708.9. Advocate 708.9-1. The parent, guardian and legal custodian of a child has the right to obtain an advocate to represent and advise him or her throughout any proceeding under this law at his or her own expense. 708.9-2. Qualifications. (a) An advocate shall be an adult who: (1) is at least twenty one (21) years of age; (2) is admitted to practice before the Oneida Judiciary; (2) has never been convicted of a felony unless the person received a pardon or forgiveness; and (3) has never been convicted of any crime against a child. 708.9-3. An advocate shall comply with all laws, rules and policies of the Nation governing advocates. 708.10 Cultural Wellness Facilitator and Healer 7 O.C. 708 – Page 10 45 of 133 Draft 2 – PM Draft (Redline to Current) 2022 05 18 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 708.10-1. The Department may utilize a Cultural Wellness Facilitator and Healer, or similar position, throughout all child welfare proceedings. 708.10-2. The Cultural Wellness Facilitator and Healer may provide: (a) wellness sessions utilizing culturally based and appropriate healing methods; (b) training on Oneida culture, language and traditions; and (c) and any other service that may be necessary. 708.11. Order of Placement Preferences 708.11-1. The following order of placement preferences shall be followed when it is necessary to place a child outside of the home under this law: (a) A member of the child’s immediate or extended family; (b) A family clan member; (c) A member of the Nation; (d) Descendants of the Nation; (e) A member of another federally recognized tribe; (f) Fictive kin within the Nation community; (g) Fictive kin outside the Nation community; or (h) Any other person or persons not listed above. 708.11-2. The order of placement preferences listed in section 708.11-1. are prioritized from the most preference given to a child placed in a home in accordance with section 708.11-1(a) and the least amount of preference given to a child placed in a home in accordance with section 708.111(h). 708.11-3. In order to deviate from the placement preferences listed in section 708.11-1, the Court shall consider the best interest of the child when determining whether there is good cause to go outside the placement preference. (a) Good cause to go outside the placement preferences shall be determined based on any of the following: (1) When appropriate, the request from the child’s parent or the child, when the child is age twelve (12) or older; (2) Any extraordinary physical, mental or emotional health needs of the child requiring highly specialized treatment services as established by an expert; (3) The unavailability of a suitable placement after diligent efforts have been made to place the child in the placement preference listed in section 708.11-1; or (4) Any other reason deemed by the Court to be in the best interest of the child. (b) The party requesting to deviate from the placement preferences listed in 708.11-1 has the burden of establishing good cause. 708.12. Notice of Petition; General Terms 708.12-1. Petitions alleging that a child is in needService of protection or services may be given to the parties directly by the Nation’s Child Welfare attorney or the Indian Child Welfare Worker or served on the parties pursuant to the Oneida Judiciary Rules of Civil Procedure. documents708.12-2. Petitions for termination of parental rights, guardianship, and adoptionnotices shall be as specified in this law. If a method of service is not specified in this law, then service shall be served on all other parties pursuant to the Oneida Judiciary Rules of Civil Procedure. 7 O.C. 708 – Page 11 46 of 133 Draft 2 – PM Draft (Redline to Current) 2022 05 18 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 708.12-3. All parties shall be notified of all subsequent hearings under this law by first-class mail to the recently verified last-known address of the party. If a party’s whereabouts are unknown and cannot be found after diligent effort, service shall be by publication as described in the Oneida Judiciary Rules of Civil Procedure. 708.12-2. The Court shall provide the parties with notice of all hearings at least seven (7) days prior to the hearing, with the purpose of providing the parties an opportunity to be heard. (a) Exception. In circumstances where a hearing is scheduled and it is not possible to provide notice at least seven (7) days prior to the hearing, the Court shall make an appropriate effort to notice all parties of the hearing. 708.12-3. When the Department is required to perform personal service, the Indian Child Welfare Worker may deliver the document(s) directly to the party(s) if such service is appropriate and safe under the circumstances. In the alternative, personal service may be accomplished according to the Oneida Judiciary Rules of Civil Procedure. 708.12-4. In all proceedings under this law, the Department may withhold the placement provider’s identifying information from the child’s parent, guardian, or legal custodian if there are reasonable grounds to believe that disclosure would result in imminent danger to the child or anyone else. A parent, guardian, or legal custodian may request judicial review of the decision to withhold the identifying information. 708.13. Hearings (General) 708.13-1. If the Court finds that it is in the best interest of the child, the Court may exclude the child from participating in a hearing conducted in accordance with this law. 708.13-2. The Oneida Judiciary Rules of Evidence are not binding at emergency custody hearings, dispositional hearings, or a hearing about changes in placement, revision of dispositional orders, extension of dispositional orders, or termination of guardianship orders. At those hearings, the Court shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant, or unduly repetitious testimony. Hearsay evidence may be admitted if it has demonstrable circumstantial guarantees of trustworthiness. The Court shall give effect to the rules of privilege recognized by laws of the Nation. The Court shall apply the basic principles of relevancy, materiality, and probative value to proof of all questions of fact. 708.13-3. If an alleged father appears at a hearing under this law, the Court may order the Department to refer the matter to the Oneida Nation Child Support Agency to adjudicate paternity. If the Court enters such an order, then the Department may sign documents required by the Oneida Nation Child Support Agency on behalf of the family for the limited purpose of initiating a paternity action. While paternity is being established, the Court shall enter an order finding good cause to suspend the time limits established under this law. 708.13-4. At any time, the Court or the Department may refer the matter to the Nation’s Child Support Agency. 708.14. Discovery [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A27a79603302c14b4. Public record. Not legal advice.