Phone: (920)869-2214

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 09-14-22-A

Amendments to the Children’s Code

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Children’s Code was adopted by the Oneida Business Committee though resolution

BC-07-26-17-J; and

WHEREAS,

the purpose of the Children’s Code is to provide for the welfare, care, and protection of

Oneida children through the preservation of the family unit, while recognizing that in some

circumstances it may be in the child’s best interest to not be reunited with his or her family;

and

WHEREAS,

furthermore, the Children’s Code strengthens family life by assisting parents in fulfilling

their responsibilities as well as facilitating the return of Oneida children to the jurisdiction

of the Nation and acknowledging the customs and traditions of the Nation when raising an

Oneida child; and

WHEREAS,

it is the policy of the Nation to ensure there is a standard process for conducting judicial

proceedings and other procedures in which children and all other interested parties are

provided fair hearings in addition to ensuring their legal rights are recognized and enforced,

while protecting the public safety; and

WHEREAS,

the amendments to the Children’s Code provide that any orders made by the Court under

this law, or any orders made by a court of competent jurisdiction regarding child welfare

matters, shall supersede any other order made by this Court or a court of competent

jurisdiction regarding custody or placement of a child until the Children’s Code or other

child welfare orders are dismissed; and

WHEREAS,

the amendments to the Children’s Code provide that the Department may enter into a

protective plan with a family; and

WHEREAS,

the amendments to the Children’s Code update the general notice provisions in the

Children’s Code, as well as notice provisions throughout the Children’s Code to provide

greater clarification on providing notice in child welfare matters; and

BC Resolution # 09-14-22-A

Amendments to the Children’s Code

Page 2 of 3

WHEREAS,

the amendments to the Children’s Code allow the Department to withhold the placement

provider’s identifying information from the child’s parent, guardian, or legal custodian if

there are reasonable grounds to believe that disclosure would result in imminent danger to

the child or anyone else, but that a parent, guardian, or legal custodian may request judicial

review of the decision to withhold the identifying information; and

WHEREAS,

the amendments to the Children’s Code provide clarification on how a matter is referred to

the Oneida Nation Child Support Agency for initiating a paternity action, and allow the

Department may sign documents required by the Oneida Nation Child Support Agency on

behalf of the family for the limited purpose of initiating a paternity action; and

WHEREAS,

the amendments to the Children’s Code provide that the Department shall make available

for inspection or disclosure the contents of any record kept, regardless of the originating

source, to a guardian ad litem appointed in a Children’s Code or family law case when that

access is granted by order of the Court; and

WHEREAS,

the amendments to the Children’s Code allow the Department to make an ex parte request

to the Court to conduct an in-camera review to determine what information should and

should not be released to the parties and their counsel; and

WHEREAS,

the amendments to the Children’s Code allow a child to be held in custody in a hospital or

other medical or mental health facility; and

WHEREAS,

the amendments to the Children’s Code provide information that may be, but is not required

to be, included in the Court’s order to hold a child in custody; and

WHEREAS,

the amendments to the Children’s Code allow the Department to request the placement of

the child outside of the child’s home at the plea hearing; and

WHEREAS,

the amendments to the Children’s Code allow for the suspension of parental rights in

addition to the termination of parental rights; and

WHEREAS,

the amendments to the Children’s Code update the continuing need of protection or

services ground for involuntary suspension or termination of parental rights to be consistent

with recent revisions to State statute; and

WHEREAS,

the amendments to the Children’s Code provide information that may be, but is not required

to be, included in the Court’s order of disposition for the suspension or termination of

parental rights; and

WHEREAS,

the amendments to the Children’s Code clarify that an adoption under this law shall take

the form of customary adoption when the Court has granted a petition to suspend parental

rights, and take the form of a closed adoption when the Court has granted a petition to

terminate parental rights; and

WHEREAS,

the amendments to the Children’s Code allow the Department to contract with a third-party

agency to conduct an adoption investigation that may have been ordered by the Court; and

WHEREAS,

the amendments to the Children’s Code make other minor drafting revisions throughout

the Children’s Code; and

BC Resolution # 09-14-22-A

Amendments to the Children’s Code

Page 3 of 3

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were developed for this Law; and

WHEREAS,

a public meeting on this proposed Law was held on June 15, 2022, and the public comment

period was held open until June 22, 2022; and

WHEREAS,

the Legislative Operating Committee accepted, reviewed, and considered all public

comments received on July 6, 2022, and July 14, 2022; and

NOW THEREFORE BE IT RESOLVED, that the amendments to the Children’s Code are hereby adopted

and shall be effective on September 28, 2022.

CERTIFICATION

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

Business Committee is composed of 9 members of whom 5 members constitute a quorum; 7 members

were present at a meeting duly called, noticed and held on the 14th day of September, 2022; that the

forgoing resolution was duly adopted at such meeting by a vote of 5 members for, 0 members against,

and 1 member not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________

Lisa Liggins, Secretary

Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."