Oneida Business Committee (2022)

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Public Packet

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Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, September 14, 2022

Virtual Meeting – Microsoft Teams

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the Government Administrative Office, 2nd floor, Norbert Hill

Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to

change.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

OATH OF OFFICE

VI.

Anna John Resident Centered Care Community Board - Valerie Groleau

Sponsor: Lisa Liggins, Secretary

Southeastern Wisconsin Oneida Tribal Services Advisory Board - Debra Lynn

Fabian

Sponsor: Lisa Liggins, Secretary

MINUTES

Approve the August 24, 2022, regular Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

Approve the August 26, 2022, emergency Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

RESOLUTIONS

Adopt resolution entitled Amendments to the Children's Code

Sponsor: David P. Jordan, Councilman

Oneida Business Committee

Regular Meeting Agenda

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September 14, 2022

Public Packet

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Adopt resolution entitled Emergency Amendments to the Emergency Management

Law

Sponsor: David P. Jordan, Councilman

Adopt resolution entitled Extension of Declaration of Public Health State of

Emergency Until November 19, 2022

Sponsor: Kaylynn Gresham, Director/Emergency Management

Adopt resolution entitled Continuing to Operate Fiscal Year 2023

Sponsor: Jo Anne House, Chief Counsel

Adopt resolution entitled Designated Tribal Representative to the North American

Indigenous Games

Sponsor: Lisa Liggins, Secretary

Enter the e-poll results into the record regarding the adopted BC resolution 09-0122-A Oneida Nation Food Assistance Program - An Oneida General Welfare

Exclusion Program

Sponsor: Lisa Liggins, Secretary

APPOINTMENTS

VIII.

Determine next steps regarding one vacancy - Oneida Police Commission

Sponsor: Lisa Liggins, Secretary

STANDING COMMITTEES

LEGISLATIVE OPERATING COMMITTEE

IX.

Accept the August 3, 2022, regular Legislative Operating Committee meeting

minutes

Sponsor: David P. Jordan, Councilman

STANDING ITEMS

ARPA FRF and Tribal Contribution Savings Submissions

Adopt resolution entitled Obligation for 200 Year Commemoration Events &

Projects Utilizing Tribal Contribution Savings

Sponsor: Mark W. Powless, General Manager

Oneida Business Committee

Regular Meeting Agenda

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UNFINISHED BUSINESS

Finance Committee follow-ups (not submitted)

Sponsor: Lisa Liggins, Secretary

EXCERPT FROM MARCH 23, 2022: Motion by Jennifer Webster to approve the three (3)

recommended corrective actions in the memorandum from Secretary Lisa Liggins dated

March 13, 2022 [to retro-actively approve the September 4, 2019, memo from the

Treasurer King and Larry Barton, CFO, changing the approval of the Finance Committee

minutes to acceptance of the minutes and to retro-actively approve the determination of

Treasurer King and Larry Barton, CFO, that the Purchasing Policies and Procedures

require only approval of the Finance Committee without further action by the Oneida

Business Committee; to direct the Finance Committee to submit the bylaws to the

Legislative Operating Committee to comply with the Boards, Committees, and

Commissions law and properly incorporate the requested amendments and direct that the

final bylaws amendments be presented to the Business Committee within six (6) months;

and to authorize the Purchasing Manager to serve on the Finance Committee retro-actively

to October 7, 2011], seconded by Lisa Liggins. Motion carried.

Land Acquisitions Naming report (not submitted)

Sponsor: Mark W. Powless, General Manager

EXCERPT FROM JUNE 8, 2022: Motion by Tina Danforth to direct the General Manager

to work with Land Management to update all documents in referencing former family

names of acquisitions and to bring back a report to the first Business Committee meeting in

August, seconded by Lisa Liggins. Motion carried.

Safe Shelter donation follow-up

Sponsor: Marie Cornelius, Councilwoman

EXCERPT FROM AUGUST 24, 2022: Motion by Marie Cornelius to recommend the

allocation of $150,000 from the Economic Development

Diversity and Community Development Fund to the Safe Shelter, Inc. and to bring back a

resolution in 21 days for the Business Committee to consider and to have Safe Shelter Inc.

submit an itemized report on the first $150,000 donated, seconded by Kirby Metoxen.

Motion carried.

TRAVEL REPORTS

XII.

Approve the travel report - Councilwoman Jennifer Webster - 2022 Kinship Care

Tribal Consultation Meeting - Lac Du Flambeau, WI - August 15-16, 2022

Sponsor: Jennifer Webster, Councilwoman

TRAVEL REQUESTS

Approve the travel request - Councilwoman Jennifer Webster - Administration for

Children & Families Tribal Advisory Committee - Sequim, WA - October 11-15, 2022

Sponsor: Jennifer Webster, Councilwoman

Approve the travel request - Councilwoman Jennifer Webster - Multiple Events Washington, D.C. - November 6-12, 2022

Sponsor: Jennifer Webster, Councilwoman

Oneida Business Committee

Regular Meeting Agenda

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September 14, 2022

Public Packet

XIII.

XIV.

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Approve the travel request - Chairman Tehassi Hill and Councilwoman Marie

Cornelius - Packers VIP trip - London, U.K. - October 4-10, 2022

Sponsor: Tehassi Hill, Chairman

Enter the e-poll results into the record regarding the approved travel request for

Secretary Lisa Liggins to attend the Tribal Constitutions Native Nations Institute

Seminar in Phoenix, AZ - September 18-20, 2022

Sponsor: Lisa Liggins, Secretary

Enter the e-poll results into the record regarding the approved travel request for

Councilwoman Marie Cornelius to attend the WisDOT Inter-tribal Task Force meeting

in Carter, WI – September 7-8, 2022

Sponsor: Lisa Liggins, Secretary

NEW BUSINESS

Ratify the Memorandum of Agreement between the Oneida Gaming Commission, the

Gaming General Manager, and the Internal Security Department in accordance with §

501.9-2

Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission

Approve a limited waiver of sovereign immunity - Brown County Hazardous Waste

Facility intergovernmental agreement - file # 2022-0464

Sponsor: Mark W. Powless, General Manager

Approve two (2) actions regarding the USDA FDPIR Joint Demonstration Project

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Post one (1) vacancy - Oneida Nation School Board

Sponsor: Lisa Liggins, Secretary

Enter the e-poll results into the record regarding the approved donation request in

the amount of $112,473 to the fundraising efforts of the North American Indigenous

Games, Team WI, Oneida from the BC Special Projects budget line

Sponsor: Lisa Liggins, Secretary

REPORTS

CORPORATE BOARDS

Accept the Oneida Golf Enterprise FY-2022 3rd quarter report

Sponsor: Justin Nishimoto, Agent/Oneida Golf Enterprise

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Regular Meeting Agenda

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EXECUTIVE SESSION

REPORTS

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

Accept the General Manager report (2:00 p.m.)

Sponsor: Mark W. Powless, General Manager

Accept the Oneida Golf Enterprise FY-2022 3rd quarter executive report (2:30

p.m.)

Sponsor: Justin Nishimoto, Agent/Oneida Golf Enterprise

Accept the Corporate Boards 3rd quarter analysis report (2:30 p.m.)

Sponsor: Justin Nishimoto, Business Analyst

AUDIT COMMITTEE

Accept the July 21, 2022, regular Audit Committee meeting minutes

Sponsor: David P. Jordan, Councilman

Accept the Governmental Services Administration performance assurance

audit and lift the confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Oneida Police Commission performance assurance audit and lift

the confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the RSM correspondence as information

Sponsor: David P. Jordan, Councilman

NEW BUSINESS

Accept the Oneida Airport Hotel Corporation update (3:30 p.m.)

Sponsor: Kathy Hughes, Chair/Oneida Airport Hotel Corporation

Accept the THC Legalization Team update and determine next steps (3:00

p.m.)

Sponsor: Kristal Hill, Executive Assistant

Accept the Village of Ashwaubenon Service Agreement update

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Approve contract - Government Policy Solutions, LLC - file # 2022-0734

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Approve two (2) actions regarding 2022 Expectations and 2022 Annual

Projects & Targets for DR07 - file # 2018-1226

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

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September 14, 2022

Public Packet

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Approve two (2) actions regarding 2022 Expectations and 2022 Annual

Projects & Targets for DR08 - file # 2021-0256

Sponsor: Lisa Liggins, Secretary

Approve two (2) actions regarding 2022 Expectations and 2022 Annual

Projects & Targets for DR09 - file # 2021-0563

Sponsor: Lisa Liggins, Secretary

Review and determine next steps regarding posting for DR05

Sponsor: Lisa Liggins, Secretary

Review Application for one (1) vacancy - Oneida Police Commission

Sponsor: Lisa Liggins, Secretary

10.

Approve one (1) new enrollment

Sponsor: Jennifer Hill-Kelley, Chair/Oneida Trust Enrollment Committee

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

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

Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Government Administrative Office at (920) 869-4364 or

(800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

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September 14, 2022

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Anna John Resident Centered Care Community Board - Valerie Groleau

Business Committee Agenda Request

1. Meeting Date Requested:

09/14/22

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☒ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Shannon Davis, Recording Clerk

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

SDAVIS

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Oneida Nation

Government Administrative Office

PO Box 365  Oneida, WI 54155-0365

oneida-nsn.gov

Memorandum

TO:

Oneida Business Committee

FROM:

Brooke Doxtator, BCC Supervisor

DATE:

August 31, 2022

RE:

Oath of Office – Anna John Resident Centered Care Community Board

Background

On August 24, 2022, the Oneida Business Committee appointed Valerie Groleau. to the

Anna John Resident Centered Care Community Board.

A good mind. A good heart. A strong fire.

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Southeastern Wisconsin Oneida Tribal Services Advisory Board - Debra Lynn Fabian

Business Committee Agenda Request

1. Meeting Date Requested:

09/14/22

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☒ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Bonnie Pigman, Recording Clerk

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

BPIGMAN

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Oneida Nation

Government Administrative Office

PO Box 365  Oneida, WI 54155-0365

oneida-nsn.gov

Memorandum

TO:

Oneida Business Committee

FROM:

Brooke Doxtator, BCC Supervisor

DATE:

August 30, 2022

RE:

Oath of Office – Southeastern Wisconsin Oneida Tribal Services Advisory

Board

Background

On August 24, 2022, the Oneida Business Committee appointed Debra L. Fabian. to the

Southeastern Wisconsin Oneida Tribal Services Advisory Board.

A good mind. A good heart. A strong fire.

Public Packet

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Approve the August 24, 2022, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

09/14/22

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CELLIS1

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DRAFT

Oneida Business Committee

Executive Session

8:30 AM Tuesday, August 23, 2022

Virtual Meeting – Microsoft Teams1

Regular Meeting

8:30 AM Wednesday, August 24, 2022

Virtual Meeting – Microsoft Teams

Minutes

EXECUTIVE SESSION

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council

members: Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby Metoxen, Jennifer Webster;

Arrived at: n/a

Not Present: Treasurer Tina Danforth;

Others present: Jo Anne House, Larry Barton, Melinda J. Danforth, Mark W. Powless, Louise

Cornelius, Todd VanDen Heuvel, Debra Powless, Kaylynn Gresham, Katsitsiyo Danforth, Danelle

Wilson, Kristal Hill, Ralinda Ninham-Lamberies, Brandon Wisneski, Tana Aguirre, James Petitjean,

Melanie Burkhart, Lori Hill, Jacque Boyle, Shannon Stone, Tina Jorgensen, Josephine Skenandore,

Renita Hernandez, Michelle Danforth-Anderson, Cheryl Stevens, Debra Danforth, Lisa

Rauschenbach, Brenda Skenandore, Dana McLester, Mercie Danforth, Jeff Bowman, Nathan King,

Jeff House, John Breuninger, Kathy Hughes, Jeff Wilson;

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council

members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Marie Cornelius, Jennifer Webster;

Not Present: Treasurer Tina Danforth;

Arrived at: n/a

Others present: Jo Anne House, Larry Barton, Mark W. Powless, Todd Vandenheuvel, Katsitsiyo

Danforth, Kaylynn Gresham, Danelle Wilson, Rhiannon Metoxen, Kristal Hill, Rae Skenandore, Lisa

Summers, Clorissa Santiago, Melanie Burkhart, Lori Hill, Nicole Rommel, Jacqueline Smith, Paul Witek,

Vanessa Miller, Carolyn Salutz, Grace Elliott, Jameson Wilson, Christopher Johnson, Debbie Melchert,

Brooke Doxtator, Shannon Davis, Carol Silva, Kathy Hughes, Rebecca Webster, Kirsten VanDyke,

Norbert Hill Jr., Sacheen Lawrence, Michelle Braaten, Jermaine Delgado, Raymond Skenandore, Kalene

White, Michael King, Jennifer Hill, Mary Doxtator, Carole Liggins, Kathleen Cornelius, Mary Graves, Pearl

Webster, Lauren Carr, Mike Debraska, Aliskwet Ellis;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:30 a.m.

For the record: Treasurer Tina Danforth is out on leave.

II.

OPENING (00:00:44)

Opening provided Councilman Kirby Metoxen.

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings.

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III.

ADOPT THE AGENDA (00:01:05)

Motion by Marie Cornelius to adopt the agenda with four (4) changes [1) under the Appointments

section, add item entitled Determine next steps regarding one (1) vacancy – Southeastern Wisconsin

Oneida Tribal Services Advisory Board; 2) under the New Business section, add item entitled Accept

the Oneida Nation Dual Language Signs Program update; 3) under the section Executive Session,

New Business, add item entitled Review application(s) for one (1) vacancy – Southeastern Wisconsin

Oneida Tribal Services Advisory Board; 4) under the section Executive Session, New Business, add

item entitled Review Complaint 2022-DR08-03 and determine next steps.], seconded by Jennifer

Webster. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

IV.

OATH OF OFFICE

Oneida Election Board - Jermaine Delgado, Raymond Skenandore and Kalene

White (00:03:55)

Sponsor: Lisa Liggins, Secretary

Oneida Gaming Commission - Michelle Braaten (00:12:00)

Sponsor: Lisa Liggins, Secretary

Oneida Land Claims Commission - Michael King (00:03:55)

Sponsor: Lisa Liggins, Secretary

Oneida Land Commission - Jennifer Hill and Rebecca Webster (00:08:17)

Sponsor: Lisa Liggins, Secretary

Oneida Nation Commission on Aging - Mary Doxtator and Carole Liggins

(00:08:17)

Sponsor: Lisa Liggins, Secretary

Oneida Nation School Board - Kathleen Cornelius and Sacheen Lawrence

(00:12:00)

Sponsor: Lisa Liggins, Secretary

Oneida Trust Enrollment Committee - Jermaine Delgado, Norbert Hill Jr. and

Kirsten VanDyke (00:12:00)

Sponsor: Lisa Liggins, Secretary

Oaths of office administered by Secretary Lisa Liggins. Jermaine Delgado, Raymond Skenandore,

Kalene White, Michelle Braaten, Michael King, Jennifer Hill, Rebecca Webster, Mary Doxtator, Carole

Liggins, Kathleen Cornelius, Sacheen Lawrence, Norbert Hill Jr. and Kirsten VanDyke were present.

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MINUTES

Approve the August 10, 2022, regular Business Committee meeting minutes

(00:16:00)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to approve the August 10, 2022, regular Business Committee meeting

minutes, seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Jennifer Webster

Abstained:

Kirby Metoxen

Not Present:

Tina Danforth

VI.

RESOLUTIONS

Enter the e-poll results into the record regarding the adopted BC resolution 08-1122-A Participation in Kunhi-Yo (I am healthy) 2022 Conference (00:16:45)

Sponsor: Lisa Liggins, Secretary

Motion by Marie Cornelius to enter the e-poll results into the record regarding the adopted BC

resolution 08-11-22-A Participation in Kunhi-Yo (I am healthy) 2022 Conference, seconded by Kirby

Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

For the record: Secretary Lisa Liggins stated I would like to recognize community member Shannon Hill

for bringing this suggestion to the Business Committee for consideration.

VII.

APPOINTMENTS

Determine next steps regarding one (1) vacancy - Anna John Resident Centered

Care Community Board (00:18:15)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to accept the applicant and appoint Valerie Groleau to the Anna John Resident

Centered Care Community Board for a term ending July 31, 2026, seconded by Marie Cornelius.

Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

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DRAFT

Determine next steps regarding one (1) vacancy – Southeastern Wisconsin Oneida

Tribal Services Advisory Board (00:19:15)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to accept the applicant and to appoint Debra Lynn Fabian to the Southeastern

Wisconsin Oneida Tribal Services Advisory Board for a term ending March 31, 2024, seconded by

Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

VIII.

STANDING COMMITTEES

COMMUNITY DEVELOPMENT PLANNING COMMITTEE

Accept the July 7, 2022, regular Community Development Planning Committee

meeting minutes (00:20:08)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by Marie Cornelius to accept the July 7, 2022, regular Community Development Planning

Committee meeting minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

FINANCE COMMITTEE

Accept the August 1, 2022, regular Finance Committee meeting minutes

(00:20:48)

Sponsor: Tina Danforth, Treasurer

Motion by Jennifer Webster to accept the August 1, 2022, regular Finance Committee meeting

minutes, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Accept the August 15, 2022, regular Finance Committee meeting minutes

(00:21:25)

Sponsor: Tina Danforth, Treasurer

Motion by Jennifer Webster to accept the August 15, 2022, regular Finance Committee meeting

minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

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IX.

STANDING ITEMS

ARPA FRF and Tribal Contribution Savings Submissions

Consider the tribal member request regarding the Student Relief Fund

(00:22:00)

Sponsor: Lauren Carr, Tribal Member

Motion by Jennifer Webster to direct the General Manager to bring back a report to the September BC

Work Session for consideration of Tribal Contribution Savings to fill this gap, seconded by Marie

Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens, Jennifer Webster

Opposed:

Kirby Metoxen

Not Present:

Tina Danforth

Motion by Lisa Liggins to direct the Legislative Operating Committee to consider adding a Higher

Education policy/law to their active files list and to consider adding Administrative Rulemaking authority

to said policy/law, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Item XIII.A.1. was addressed next.

TRAVEL REPORTS

Approve the travel report - Chairman Tehassi Hill and Councilman Kirby Metoxen Midwest Alliance of Sovereign Tribes (MAST) Summer meeting - New Buffalo, MI August 9-12, 2022 (01:14:08)

Sponsor: Tehassi Hill, Chairman

Motion by Lisa Liggins to approve the travel report from Chairman Tehassi Hill and Councilman Kirby

Metoxen for the Midwest Alliance of Sovereign Tribes (MAST) Summer meeting in New Buffalo, MI August 9-12, 2022, and direct Intergovernmental Affairs and Communications to draft a letter of

support for H.R. 3597, RESPECT Act, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Oneida Business Committee

Regular Meeting Minutes

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XI.

TRAVEL REQUESTS

Enter the e-poll results into the record regarding the approved travel request for

Vice-Chairman Brandon Stevens to attend the Secretary of the Interior The Road

to Healing in Pellston, MI - August 12-13, 2022 (01:15:37)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to enter the e-poll results into the record regarding the approved travel

request for Vice-Chairman Brandon Stevens to attend the Secretary of the Interior The Road to

Healing in Pellston, MI - August 12-13, 2022, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Enter the e-poll results into the record regarding the approved the travel request

for Vice-Chairman Brandon Stevens to attend the Democratic Congressional

Campaign Committee TEAM Program Palm Springs Issues Conference in Rancho

Mirage, CA - September 8-10, 2022 (01:17:03)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to enter the e-poll results into the record regarding the approved the travel

request for Vice-Chairman Brandon Stevens to attend the Democratic Congressional Campaign

Committee TEAM Program Palm Springs Issues Conference in Rancho Mirage, CA - September 8-10,

2022, seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

For the record: Councilwoman Jennifer Webster stated I believe that if council people can go out and

attend on travel, they can come into work as well. Thank you.

XII.

NEW BUSINESS

Approve two (2) requested actions - CDC # 15-001 Oneida Community Cannery

(01:18:51)

Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to approve the CDC approval package for CDC # 15-001 Oneida Community

Cannery and to activate $7,155,000 from the Tribal Contribution Savings for CDC # 15-001 Oneida

Community Cannery, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Post one (1) vacancy - Oneida Nation Commission on Aging (01:24:34)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to post one (1) vacancy - Oneida Nation Commission on Aging, seconded

by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

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DRAFT

Consider Quality of Life Committee recommendation of allocating $150,000 from

the Economic Development Diversity and Community Development Fund to the

Safe Shelter, Inc. (01:25:17)

Sponsor: Marie Cornelius, Councilwoman

Councilwoman Jennifer Webster left at 9:56 p.m.

Motion by Marie Cornelius to recommend the allocation of $150,000 from the Economic Development

Diversity and Community Development Fund to the Safe Shelter, Inc. and to bring back a resolution in

21 days for the Business Committee to consider and to have Safe Shelter Inc. submit an itemized

report on the first $150,000 donated, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Kirby Metoxen

Opposed:

Lisa Liggins

Abstained:

Daniel Guzman King, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

For the record: Secretary Lisa Liggins stated I opposed this action because this item is not ready for

further BC action. This item should be deferred back to the Quality of Life committee for the request to

be perfected to include the requirements of the BC resolution 04-27-22-B, and all the requirements in

the Quality of Life committee memorandum dated June 17, 2022.

Accept the Oneida Nation Dual Language Signs Program update (01:50:38)

Sponsor: Marie Cornelius, Councilwoman

Councilman Daniel Guzman King left at 10:21 a.m.

Motion by Lisa Liggins to accept the Oneida Nation Dual Language Signs Program update, seconded

by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens

Not Present:

Tina Danforth, Daniel Guzman King, Jennifer Webster

For the record: Secretary Lisa Liggins stated I want to thank Councilwoman Cornelius for all her work

on this project and I appreciate the updates. Thank you.

Item XIV.A. was addressed next.

XIII.

REPORTS

CORPORATE BOARDS

Accept the Bay Bancorporation Inc. FY-2022 3rd quarter report (01:11:16)

Sponsor: Jeff Bowman, President/Bay Bank

Motion by Lisa Liggins to accept the Bay Bancorporation Inc. FY-2022 3rd quarter report, seconded by

Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Oneida Business Committee

Regular Meeting Minutes

Page 7 of 14

August 24, 2022

Public Packet

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DRAFT

Accept the Oneida Airport Hotel Corporation FY-2022 3rd quarter report

(01:11:56)

Sponsor: Kathy Hughes, Chair/Oneida Airport Hotel Corporation

Motion by Marie Cornelius to accept the Oneida Airport Hotel Corporation FY-2022 3rd quarter report,

seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Accept the Oneida ESC Group, LLC FY-2022 3rd quarter report (01:12:40)

Sponsor: John Breuninger, Chair/Oneida ESC Group Board of Managers

Motion by Marie Cornelius to accept the Oneida ESC Group, LLC FY-2022 3rd quarter report,

seconded by Brandon Stevens. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Accept the Oneida Golf Enterprise FY-2022 3rd quarter report (01:13:13)

Sponsor: Justin Nishimoto, Agent/Oneida Golf Enterprise

Motion by Jennifer Webster to defer the Oneida Golf Enterprise FY-2022 3rd quarter report to the

September 14, 2022, regular Business Committee meeting, seconded by Lisa Liggins. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Item X.A. was addressed next.

Oneida Business Committee

Regular Meeting Minutes

Page 8 of 14

August 24, 2022

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DRAFT

XIV.

GENERAL TRIBAL COUNCIL

Reschedule the special General Tribal Council meeting to consider the FY-2023

budget (01:53:18);(01:58:54)

Sponsor: Lisa Liggins, Secretary

Councilman Daniel Guzman King returned at 10:26 a.m.

Motion by David Jordan to reschedule the special General Tribal Council meeting to consider the FY2023 budget to Sunday, December 11, 2022, at 10:00 a.m., seconded by Kirby Metoxen. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens

Opposed:

Marie Cornelius, Kirby Metoxen

Not Present:

Tina Danforth, Jennifer Webster

For the record: Secretary Lisa Liggins stated the draft production schedule has already been provided

to Finance with noting the due date for the meeting materials is October 18th, for consideration at the

October 26, BC meeting. Thank you.

Motion by Lisa Liggins to recess at 10:27 a.m. until 2:00 p.m., seconded by Marie Cornelius. Motion

carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

Meeting called to order by Chairman Tehassi Hill at 2:00 p.m.

Roll call for the record:

Present: Councilwoman Marie Cornelius; Councilman Daniel Guzman King; Chairman Tehassi

Hill; Councilman David P. Jordan; Secretary Lisa Liggins; Councilman Kirby Metoxen; ViceChairman Brandon Stevens; Councilwoman Jennifer Webster;

Not Present: Treasurer Tina Danforth;

Item XV. was addressed next.

For the record: Secretary Lisa Liggins stated I am in agreement with rescheduling the budget

presentation to the GTC because the budget did not get presented with sufficient analysis to allow us

to understand that $97 million in carry over funding was available and used to balance the FY-2023

budget without notice or recognition of the imbalance being generated for future fiscal years requiring

significant cuts to operations thus prohibiting the Business Committee from being able to consider and

determine if this action is in the best interest of the Oneida Nation and its members. The budget was

presented to the Business Committee on July 25 by the Assistant CFO and there were no steps taken

to ensure that the Business Committee was fully aware of the actions to "balance" the budget which

ensured a budget crisis could face the Nation in FY-2024. Thank you.

Item XV.A.1. was addressed next.

Oneida Business Committee

Regular Meeting Minutes

Page 9 of 14

August 24, 2022

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DRAFT

XV.

EXECUTIVE SESSION

Motion by Marie Cornelius to go into executive session at 2:01 p.m., seconded by Jennifer Webster.

Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Motion by David P. Jordan to come out of executive session at 4:17 p.m., seconded by Jennifer

Webster. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Item XIV.A. was re-addressed next.

REPORTS

Accept the Chief Counsel report (02:02:08)

Sponsor: Jo Anne House, Chief Counsel

Motion by David P. Jordan to accept the Chief Counsel report, seconded by Marie Cornelius. Motion

carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Accept the General Manager report (02:03:13)

Sponsor: Mark W. Powless, General Manager

Motion by David P. Jordan to accept the General Manager report, seconded by Marie Cornelius.

Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Motion by Lisa Liggins to adopt resolution entitled 08-24-22-A Amending Obligation of ARPA FRF LR

TCS Funds for 2021 Pandemic Relief Food Card Distribution to Obligate Remaining Unclaimed Food

Cards to the Oneida Nation Food Pantry and move the resolution to open session, seconded by David

P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Oneida Business Committee

Regular Meeting Minutes

Page 10 of 14

August 24, 2022

Public Packet

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DRAFT

Accept the Chief Financial Officer August 2022 report (02:04:35)

Sponsor: Larry Barton, Chief Financial Officer

Motion by Lisa Liggins to accept the Chief Financial Officer August 2022 report and to approve the

extension of the USDA FDPIR Join Demonstration Project and authorize Chairman Tehassi Hill to sign

form SF-30 file # 2021-0723 Modification of Contract2, seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Accept the Intergovernmental Affairs, Communications, and Self-Governance

August 2022 report (02:05:19)

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by Marie Cornelius to accept the Intergovernmental Affairs, Communications, and SelfGovernance August 2022 report, seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Accept the Treasurer's July 2022 report (02:06:21)

Sponsor: Tina Danforth, Treasurer

Motion by Marie Cornelius to accept the Treasurer's July 2022 report, seconded by David P. Jordan.

Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Accept the Bay Bancorporation Inc. FY-2022 3rd quarter executive report

(02:06:45)

Sponsor: Jeff Bowman, President/Bay Bank

Motion by Lisa Liggins to accept item XV.A.6, 7, and 8, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Accept the Oneida Airport Hotel Corporation FY-2022 3rd quarter executive

report (02:06:45)

Sponsor: Kathy Hughes, Chair/Oneida Airport Hotel Corporation

Motion by Lisa Liggins to accept item XV.A.6, 7, and 8, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

2 The backup documentation for this motion can be found under item XV.A.4.

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Regular Meeting Minutes

Page 11 of 14

August 24, 2022

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DRAFT

Accept the Oneida ESC Group, LLC FY-2022 3rd quarter executive report

(02:06:45)

Sponsor: John Breuninger, Chair/Oneida ESC Group Board of Managers

Motion by Lisa Liggins to accept item XV.A.6, 7, and 8, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Accept the Oneida Golf Enterprise FY-2022 3rd quarter executive report

(02:07:40)

Sponsor: Justin Nishimoto, Agent/Oneida Golf Enterprise

Motion by Marie Cornelius to defer item XV.A.9 & 10 to the September 14, 2022, regular Business

Committee meeting, seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

10.

Accept the Corporate Boards 3rd quarter analysis report (02:07:40)

Sponsor: Justin Nishimoto, Business Analyst

Motion by Marie Cornelius to defer item XV.A.9 & 10 to the September 14, 2022, regular Business

Committee meeting, seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

AUDIT COMMITTEE

Approve the FY-2021 year end audited financial statements presented by RSM,

US Auditors (02:08:40)

Sponsor: David P. Jordan, Councilman

Motion by Jennifer Webster to accept the FY-2021 year end audited financial statements presented by

RSM, US Auditors, seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby

Metoxen, Brandon Stevens, Jennifer Webster

Abstained:

Lisa Liggins

Not Present:

Tina Danforth

NEW BUSINESS

Approve 81 new enrollments (02:09:34)

Sponsor: Jennifer Hill-Kelley, Chair/Trust Enrollment Committee

Motion by Brandon Stevens to approve 81 new enrollments, seconded by David P. Jordan. Motion

carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Oneida Business Committee

Regular Meeting Minutes

Page 12 of 14

August 24, 2022

Public Packet

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DRAFT

Review Application(s) for one (1) vacancy - Anna John Resident Centered Care

Community Board (02:10:04)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to accept the discussion regarding the application for one (1) vacancy Anna John Resident Centered Care Community Board, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Review project report from DR 15 and determine next steps (02:10:39)

Sponsor: Lisa Liggins, Secretary

Motion by Marie Cornelius to accept the discussion regarding the project report from DR 15 as

information, seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Determine next steps regarding two (2) actions regarding employment vacancy

(02:11:10)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to accept the discussion regarding two (2) actions regarding employment

vacancy as information, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Determine next steps regarding DR05 employment contract – file #2022-0647

(02:11:49)

Sponsor: Tehassi Hill, Chairman

Motion by Jennifer Webster to accept the discussion regarding DR05 employment contract – file

#2022-0647, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Motion by Lisa Liggins to approve the provisions outlined in the memorandum dated August 24, 2022,

seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Motion by Jennifer Webster to assign Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, and

Secretary Lisa Liggins to a sub-team to carry out final contact execution, seconded by Marie Cornelius.

Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Oneida Business Committee

Regular Meeting Minutes

Page 13 of 14

August 24, 2022

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DRAFT

Review application(s) for one (1) vacancy – Southeastern Wisconsin Oneida

Tribal Services Advisory Board (02:13:35)

Sponsor: Lisa Liggins, Secretary

Motion by Jennifer Webster to accept the discussion regarding the application for one (1) vacancy –

Southeastern Wisconsin Oneida Tribal Services Advisory Board, seconded by Brandon Stevens.

Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Review complaint # 2022-DR08-03 and determine next steps (02:14:06)

Sponsor: Kristal Hill, Executive Assistant

Motion by Kirby Metoxen to determine # complaint #2022-DR08-03 has merit and assign a sub-team,

which consists of Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, and Councilwoman Marie

Cornelius, seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby

Metoxen, Brandon Stevens, Jennifer Webster

Abstained:

Lisa Liggins

Not Present:

Tina Danforth

For the record: Secretary Lisa Liggins stated I did recuse myself for every part of this item.

XVI.

ADJOURN (02:14:50)

Motion by David P. Jordan to adjourn at 4:34 p.m., seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Minutes prepared by Aliskwet Ellis, Information Management Specialist.

Minutes approved as presented on

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 14 of 14

August 24, 2022

Public Packet

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Approve the August 26, 2022, emergency Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

09/14/22

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CELLIS1

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DRAFT

Oneida Business Committee

Emergency Meeting

9:00 AM Friday, August 26, 2022

Virtual Meeting - Microsoft Teams1

Minutes

EMERGENCY MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Council members: Marie Cornelius,

Daniel Guzman King, David P. Jordan, Kirby Metoxen, Jennifer Webster;

Not Present: Treasurer Tina Danforth;

Arrived at: Secretary Lisa Liggins at 9:06 a.m.;

Others present: Jo Anne House, Larry Barton, Mark W. Powless, Debra Powless, Kaylynn Gresham,

Danelle Wilson, Kristal Hill, Rhiannon Metoxen, Rae Skenandore, Lisa Summers, Clorissa Santiago,

Debra Danforth, Michelle Myers, Christopher Johnson, Aliskwet Ellis;

CALL TO ORDER2

Meeting called to order by Chairman Tehassi Hill at 9:00 a.m.

For the record: Treasurer Tina Danforth is out on leave.

II.

ADOPT THE AGENDA (00:00:10)

Motion by Marie Cornelius to adopt the agenda with two (2) changes [1) add section entitled Executive

Session; and 2) add item entitled Approve a limited waiver of sovereign immunity - InEvent Inc. Master

Subscription Agreement - file # 2022-0687], seconded by Jennifer Webster. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby

Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth, Lisa Liggins

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings.

2 Due to technical difficulties the Call to Order was not recorded.

Oneida Business Committee

Emergency Meeting Minutes

Page 1 of 3

August 26, 2022

Public Packet

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DRAFT

III.

GENERAL TRIBAL COUNCIL

Determine next steps for the special General Tribal Council meeting scheduled on

August 30, 2022 (00:01:30)

Sponsor: Tehassi Hill, Chairman

Secretary Lisa Liggins arrived at 9:06 a.m.

Motion by Jennifer Webster to cancel the August 30, 2022, special General Tribal Council meeting,

seconded by Brandon Stevens. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

For the record: Councilman Kirby Metoxen stated I'd like to oppose and have a GTC meeting, but you

know I think we made a commitment and I supported it if we have a high in Brown, Outagamie, or

Milwaukee it's cancelled, so I will have to continue to support it.

For record: Secretary Lisa Liggins stated I have similar comments to Councilman Kirby Metoxen.

Motion by Jennifer Webster to direct the Secretary's office to reach out to the petitioners that were on

the agenda to see if they still want to move forth with being on a General Tribal Council agenda,

seconded by Lisa Liggins. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Brandon Stevens, Jennifer

Webster

Opposed:

Marie Cornelius, Lisa Liggins, Kirby Metoxen

Not Present:

Tina Danforth

For the record: Councilwoman Marie Cornelius stated I don't think that's necessary. It's just adding

more work, extra work, in my opinion. We all know that the petitioners are very boisterous and very

concerned and there's petitions out there that need to be addressed. So, I just think it's an extra step

that's not necessary. Thank you.

Oneida Business Committee

Emergency Meeting Minutes

Page 2 of 3

August 26, 2022

Public Packet

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DRAFT

IV.

EXECUTIVE SESSION (00:13:05)

Motion by Jennifer Webster to go into executive session at 9:17 a.m., seconded by Marie Cornelius.

Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Motion by Jennifer Webster to come out of executive session at 9:32 a.m., seconded by Marie

Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Approve a limited waiver of sovereign immunity - InEvent Inc. Master Subscription

Agreement - file # 2022-0687 (00:14:17)

Sponsor: Jo Anne House, Chief Counsel

Motion by Marie Cornelius to approve a limited waiver of sovereign immunity for the InEvent Inc.

Master Subscription Agreement - file # 2022-0687, seconded by Lisa Liggins. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

For the record: Secretary Lisa Liggins stated I'd like to thank the Virtual sub-team in getting us to this

point including: the Chief Information Officer, Dr. Shane Archiquette; Chief Counsel, Dr. Jo Anne

House; and the Business Committee Area Manager, Lisa Summers.

ADJOURN (00:15:50)

Motion by Marie Cornelius to adjourn at 9:34 a.m., seconded by Daniel Guzman King. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens, Jennifer Webster

Not Present:

Tina Danforth

Minutes prepared by Aliskwet Ellis, Information Management Specialist.

Minutes approved as presented on

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Emergency Meeting Minutes

Page 3 of 3

August 26, 2022

Public Packet

30 of 339

Adopt resolution entitled Amendments to the Children's Code

Business Committee Agenda Request

1. Meeting Date Requested:

09/14/22

2. Session:

☒ Open ☐ Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

3. Requested Motion:

☐ Accept as information; OR

Adopt the resolution entitled, “Amendments to the Children’s Code”

4. Areas potentially impacted or affected by this request:

☐ Finance

☐ Law Office

☐ Gaming/Retail

☒ Other: Legislative Operating

☐ Programs/Services

☐ MIS

☐ Boards, Committees, or Commissions

Committee

5. Additional attendees needed for this request:

Name, Title/Entity OR Choose from List

Revised: 11/15/2021

Page 1 of 2

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6. Supporting Documents:

☐ Bylaws

☒ Fiscal Impact Statement

☐ Contract Document(s) ☒ Law

☒ Correspondence

☐ Legal Review

☐ Draft GTC Notice

☐ Minutes

☐ Draft GTC Packet

☐ MOU/MOA

☐ E-poll results/back-up ☐ Petition

☒ Other: Legislative Analysis

☐ Presentation

☐ Report

☒ Resolution

☐ Rule (adoption packet)

☒ Statement of Effect

☐ Travel Documents

7. Budget Information:

☐ Budgeted – Tribal Contribution

☐ Unbudgeted

☐ Other: Describe

☐ Budgeted – Grant Funded

☒ Not Applicable

8. Submission:

Authorized Sponsor:

David P. Jordan, Councilman

Primary Requestor:

Clorissa N. Santiago, LRO Senior Staff Attorney

Revised: 11/15/2021

Page 2 of 2

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Public Packet

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Public Packet

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # _____________

Amendments to the Children’s Code

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

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

BC-07-26-17-J; and

WHEREAS,

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

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

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

and

WHEREAS,

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

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

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

Oneida child; and

WHEREAS,

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

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

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

while protecting the public safety; and

WHEREAS,

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

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

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

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

child welfare orders are dismissed; and

WHEREAS,

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

protective plan with a family; and

WHEREAS,

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

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

greater clarification on providing notice in child welfare matters; and

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BC Resolution # _______

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

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BC Resolution # _______

Amendments to the Children’s Code

Page 3 of 3

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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.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Amendments to the Children’s Code

Summary

This resolution adopts amendments to the Children’s Code.

Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office

Date: August 29, 2022

Analysis by the Legislative Reference Office

This resolution adopts amendments to the Children’s Code. The Children’s Code provides for the

welfare, care, and protection of Oneida children through the preservation of the family unit, while

recognizing that in some circumstances it may be in the child’s best interest to not be reunited with

his or her family. Furthermore, the Children’s Code strengthens family life by assisting parents in

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

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

child. [7 O.C. 708.1-1]. This resolution adopts the amendments to the Children’s Code which will:

 Provide that any orders made by the Court under this law, or any orders made by a court

of competent jurisdiction regarding child welfare matters, shall supersede any other order

made by this Court or a court of competent jurisdiction regarding custody or placement of

a child until the Children’s Code or other child welfare orders are dismissed [7 O.C. 708.56];

 Provide that the Department may enter into a protective plan with a family [7 O.C. 708.71(f)];

 Update the general notice provisions in the Children’s Code, as well as notice provisions

throughout the Children’s Code to provide greater clarification on providing notice in child

welfare matters [7 O.C. 708.12];

 Allow the Department to withhold the placement provider’s identifying information from

the child’s parent, guardian, or legal custodian if there are reasonable grounds to believe

that disclosure would result in imminent danger to the child or anyone else, but that a

parent, guardian, or legal custodian may request judicial review of the decision to withhold

the identifying information [7 O.C. 708.12-4];

 Provide clarification on how a matter is referred to the Oneida Nation Child Support

Agency for initiating a paternity action, and allow the Department may sign documents

required by the Oneida Nation Child Support Agency on behalf of the family for the limited

purpose of initiating a paternity action [7 O.C. 708.13-3];

 Provide that the Department shall make available for inspection or disclosure the contents

of any record kept, regardless of the originating source, to a guardian ad litem appointed

in a Children’s Code or family law case when that access is granted by order of the Court

[7 O.C. 708.14-2];

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Allow the Department to make an ex parte request to the Court to conduct an in-camera

review to determine what information should and should not be released to the parties and

their counsel [7 O.C. 708.14-6];

Allow a child to be held in custody in a hospital or other medical or mental health facility

[7 O.C. 708.15-6(f)];

Provide information that may be, but is not required to be, included in the Court’s order to

hold a child in custody [7 O.C. 7008.16-6(b)];

Allow the Department to request the placement of the child outside of the child’s home at

the plea hearing [7 O.C. 708.19-5];

Allow for the suspension of parental rights in addition to the termination of parental rights

[7 O.C. 708.32];

Update the continuing need of protection or services ground for involuntary suspension or

termination of parental rights to be consistent with recent revisions to State statute [7 O.C.

708.34-1(c)];

Provide information that may be, but is not required to be, included in the Court’s order of

disposition for the suspension or termination of parental rights [7 O.C. 708.40-4(c)];

Clarify that an adoption under this law shall take the form of customary adoption when the

Court has granted a petition to suspend parental rights, and take the form of a closed

adoption when the Court has granted a petition to terminate parental rights [7 O.C. 708.411];

Allow the Department to contract with a third-party agency to conduct an adoption

investigation that may have been ordered by the Court [7 O.C. 708.43-3(b)]; and

Make other minor drafting revisions throughout the Children’s Code.

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the

purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.

109.1-1]. The Children’s Code amendments complied with all processes and procedures required

by the LPA, including the development of a legislative analysis, a fiscal analysis, and the

opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6,

109.7, 109.8].

A public meeting on the proposed Children’s Code was held on June 15, 2022. No individuals

provided oral comments during the public meeting. The public comment period was then held

open until June 22, 2022. The Legislative Operating Committee received one (1) submission of

written comments during the public comment period. All public comments received were

accepted, reviewed, and considered by the Legislative Operating Committee on July 6, 2022 and

July 14, 2022. Any changes made based on those comments have been incorporated into this draft.

The Children’s Code amendments will become effective on September 28, 2022, in accordance

with the LPA. [1 O.C. 109.9-3].

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

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CHILDREN’S CODE AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Amendments

Analysis by the Legislative Reference Office

 Provide that any orders made by the Court under this law, or any orders

made by a court of competent jurisdiction regarding child welfare matters,

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

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

Code or other child welfare orders are dismissed [7 O.C. 708.5-6];

 Provide that the Department may enter into a protective plan with a family

[7 O.C. 708.7-1(f)];

 Update the general notice provisions in the Children’s Code, as well as

notice provisions throughout the Children’s Code to provide greater

clarification on providing notice in child welfare matters [7 O.C. 708.12];

 Allow the Department to withhold the placement provider’s identifying

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

are reasonable grounds to believe that disclosure would result in

imminent danger to the child or anyone else, but that a parent, guardian,

or legal custodian may request judicial review of the decision to withhold

the identifying information [7 O.C. 708.12-4];

 Provide clarification on how a matter is referred to the Oneida Nation

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

Department may sign documents required by the Oneida Nation Child

Support Agency on behalf of the family for the limited purpose of

initiating a paternity action [7 O.C. 708.13-3];

 Provide that the Department shall make available for inspection or

disclosure the contents of any record kept, regardless of the originating

source, to a guardian ad litem appointed in a Children’s Code or family

law case when that access is granted by order of the Court. [7 O.C.

708.14-2].

 Allow the Department to make an ex parte request to the Court to conduct

an in-camera review to determine what information should and should not

be released to the parties and their counsel [7 O.C. 708.14-7];

 Allow a child to be held in custody in a hospital or other medical or mental

health facility [7 O.C. 708.15-6(f)];

 Provide information that may be, but is not required to be, included in the

Court’s order to hold a child in custody [7 O.C. 7008.16-6(b)];

 Allow the Department to request the placement of the child outside of the

child’s home at the plea hearing [7 O.C. 708.19-5];

 Allow for the suspension of parental rights in addition to the termination

of parental rights [7 O.C. 708.32];

 Update the continuing need of protection or services ground for

involuntary suspension or termination of parental rights to be consistent

with recent revisions to State statute [7 O.C. 708.34-1(c)];

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Provide information that may be, but is not required to be, included in the

Court’s order of disposition for the suspension or termination of parental

rights [7 O.C. 708.40-4(c)];

 Clarify that an adoption under this law shall take the form of customary

adoption when the Court has granted a petition to suspend parental rights,

and take the form of a closed adoption when the Court has granted a

petition to terminate parental rights [7 O.C. 708.41-1];

 Allow the Department to contract with a third-party agency to conduct an

adoption investigation that may have been ordered by the Court[7 O.C.

708.43-3(b)]; and

 Make other minor drafting revisions throughout the Children’s Code.

The purpose of this law is to provide for the welfare, care, and protection of

Oneida children through the preservation of the family unit, while

recognizing that in some circumstances it may be in the child’s best interest

to not be reunited with his or her family. Furthermore, this law strengthens

family life by assisting parents in fulfilling their responsibilities as well as

facilitating the return of Oneida children to the jurisdiction of the Nation and

acknowledging the customs and traditions of the Nation when raising an

Oneida child. [7 O.C. 708.1-1].

Indian Child Welfare Department (“the Department”), Oneida Family Court

(“the Court”), Oneida Law Office

Oneida Judiciary Rules of Civil Procedure, Oneida Judiciary Rules of

Evidence, Family Court law, Paternity law, Child Support law

A public meeting was held in accordance with the Legislative Procedures Act

on June 15, 2022, with a public comment period held open until June 22,

2022.

A fiscal impact statement was provided by the Finance Department on

August 12, 2022.



Purpose

Affected Entities

Related Legislation

Public Meeting

Fiscal Impact

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Children’s Code was adopted by the Oneida Business Committee on July 26, 2017,

through the adoption of resolution BC-07-26-17-J for the purpose of providing for the welfare, care,

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

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

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

responsibilities as well as facilitating the return of Oneida children to the jurisdiction of the Nation and

acknowledging the customs and traditions of the Nation when raising an Oneida child. [7 O.C. 708.11]. It is the policy of the Nation to ensure there is a standard process for conducting judicial proceedings

and other procedures in which children and all other interested parties are provided fair hearings in

addition to ensuring their legal rights are recognized and enforced, while protecting the public safety.

[7 O.C. 708.1-2].

B. Request for Amendments. On August 25, 2020, the Oneida Law Office and Indian Child Welfare

Department requested that emergency amendments be made to the Children’s Code to address

customary adoption. The departments were seeking amendments to the Children’s Code regarding

customary adoption be changed to allow for a suspension of rights rather than a termination of rights

to allow for the adopting family to be eligible for Adoption Assistance with the State. On August 28,

2020, the LOC considered this request and determined that it did not meet the standard for emergency

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amendments provided by the Legislative Procedures Act, but that the LOC would add this item to the

AFL for amendments to be made via the normal legislative process. The Legislative Operating

Committee added the Children’s Code amendments to its Active Files List on October 7, 2020.

C. The Legislative Operating Committee is now seeking amendments to the Children’s Code.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of the

amendments to the Children’s Code and this legislative analysis:

 Oneida Law Office;

 Indian Child Welfare Department; and

 Oneida Family Court.

B. The following laws were reviewed in the drafting of this analysis:

 Oneida Judiciary Rules of Civil Procedure;

 Family Court Law;

 Paternity law;

 Child Support law; and

 Child Custody, Placement, and Visitation law.

SECTION 4. PROCESS

A. The development of the proposed amendments to the Children’s Code complies with the process set

forth in the Legislative Procedures Act (LPA).

 On October 7, 2020, the Legislative Operating Committee added the Law to its Active Files

List.

 On April 20, 2022, the Legislative Operating Committee approved the draft of the proposed

amendments to the Children’s Code and directed that a legislative analysis be developed.

 On May 4, 2022, the Legislative Operating Committee approved the updated draft and the

legislative analysis for Children’s Code amendments.

 On May 18, 2022, the Legislative Operating Committee approved the public meeting packet

and forwarded the Children’s Code amendments to a public meeting to be held on June 15,

2022.

 The public meeting was held on June 15, 2022, in person in the Business Committee

Conference Room in the Norbert Hill Center as well as on Microsoft Teams. No individuals

provided public comment during the public meeting.

 The public comment period was then held open until June 22, 2022. One (1) submission of

written comments was received during the public comment period.

 On July 6, 2022, the Legislative Operating Committee accepted the public comments and the

public comment review memorandum and deferred these items to a work meeting for further

consideration.

 On July 14, 2022, the Legislative Operating Committee reviewed and considered the public

comment that was received.

 On July 20, 2022, the Legislative Operating Committee approved the updated public comment

review memorandum, draft, and legislative analysis; approved the updated public comment

review memorandum, draft, and legislative analysis, and directed the Indian Child Welfare

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Department to pursue amendments to their MOU with the Trust Enrollments Department; and

approved the fiscal impact statement request memorandum and forwarded these items to the

Finance Department directing that a fiscal impact statement be prepared and submitted to the

LOC by August 17, 2022.

 On August 12, 2022, the Finance Department provided the Legislative Operating Committee

with a fiscal impact statement for the proposed amendments to the Children’s Code.

B. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of this Law:

 October 13, 2020: LOC work session with the Indian Child Welfare Department and Oneida

Law Office.

 April 12, 2021: LOC work session with the Oneida Family Court.

 April 12, 2021: LOC work session with the Indian Child Welfare Department and Oneida Law

Office.

 April 26, 2021: LOC work session with the Oneida Family Court.

 June 4, 2021: Work session with the Indian Child Welfare Department and the Oneida Law

Office.

 February 16, 2022: LOC work session with Oneida Law Office.

 April 12, 2022: LOC work session with the Indian Child Welfare Department, Oneida Law

Office, and the Oneida Family Court.

 May 12, 2022: LOC work session.

 July 14, 2022: LOC work session.

 July 28, 2022: LOC work session with the Indian Child Welfare Department, Oneida Law

Office, and the Oneida Family Court.

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SECTION 5. CONTENTS OF THE LEGISLATION

A. Hierarchy of Child Welfare Court Orders. A new provision added to the Children’s Code through

these amendments provides that any orders made by the Court under this law, or any orders made by a

court of competent jurisdiction regarding child welfare matters, shall supersede any other order made

by this Court or a court of competent jurisdiction regarding custody or placement of a child until the

Children’s Code or other child welfare orders are dismissed. [7 O.C. 708.5-6].

 Effect. The overall purpose of this provision is to provide clarification that any orders made by the

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

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

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

welfare orders are dismissed. This clarification was added to prevent an individual from seeking a

custody or placement order for a child in this Court or a court of competent jurisdiction in an attempt

to trump a child welfare order.

B. Protective Plans. The Children’s Code provides the various duties and responsibilities of the Indian

Child Welfare Worker. [7 O.C. 708.7-1]. The Children’s Code provides that an Indian Child Welfare

worker may enter into informal dispositions with families. [7 O.C. 708.7-1(f)]. The proposed

amendments to the Children’s Code revise the responsibilities and duties of the Indian Child Welfare

work to include that they also may enter into a protective plan with a family. Id. Definitions for both

informal dispositions and protective plans were then added to the Children’s Code. Informal disposition

is defined in the Children’s Code as a written agreement with all the parties describing the conditions

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and obligations that must be met to ensure the child is protected and to alleviate the condition that led

to the referral to the Department. [7 O.C. 708.3-1(bb)]. An informal disposition is utilized by the

Department when the Department determines that the interest of the child does not require a formal

Court intervention to provide protection and services to the child. Id. Protective plan is defined as an

immediate short-term action that protects a child from present danger threats in order to allow for

completion of the initial assessment, investigation and, if needed, the implementation of a safety plan.

[7 O.C. 708.3-1(nn)].

 Effect. The proposed amendments to the Children’s Code provide greater clarification as to the

duties and responsibilities of the Indian Child Welfare workers.

C. General Notice Provisions. The proposed amendments to the Children’s Code update the general

notice provisions in the Children’s Code. The proposed amendments to the Children’s Code provide

that service of documents and notices shall be as specified in this law, and if a method of service is not

specified in this law then service shall be by first-class mail to the recently verified last-known address

of the party. [7 O.C. 708.12-1]. If a party’s whereabouts are unknown and cannot be found after diligent

effort, service shall be by publication as described in the Oneida Judiciary Rules of Civil Procedure. Id.

The proposed amendments provide that the Court shall provide the parties with notice of all hearings

at least seven (7) days prior to the hearing, with the purpose of providing the parties an opportunity to

be heard, except in situations where a hearing is scheduled and it is not possible to provide notice at

least seven (7) days prior to the hearing, the Court shall make an appropriate effort to notice all parties

of the hearing. [7 O.C. 708.12-2]. Additionally, the proposed amendments provide that when the

Department is required to perform personal service, the Indian Child Welfare Worker may deliver the

document(s) directly to the party(s) if such service is appropriate and safe under the circumstances, and

in the alternative, personal service may be accomplished according to the Oneida Judiciary Rules of

Civil Procedure. The proposed amendments also include a new provision which provides that in all

proceedings under this law, the Department may withhold the placement provider’s identifying

information from the child’s parent, guardian, or legal custodian if there are reasonable grounds to

believe that disclosure would result in imminent danger to the child or anyone else, but that a parent,

guardian, or legal custodian may request judicial review of the decision to withhold the identifying

information. [7 O.C. 708.12-4]. Previously the Children’s Code provided general provisions on the

notice of petitions, and provided that petitions alleging that a child is in need of protection or services

may be given to the parties directly by the Nation’s Child Welfare attorney or the Indian Child Welfare

Worker or served on the parties pursuant to the Oneida Judiciary Rules of Civil Procedure. While

petitions for termination of parental rights, guardianship, and adoption shall be served on all other

parties pursuant to the Oneida Judiciary Rules of Civil Procedure. The Children’s previously provided

that all parties shall be notified of all subsequent hearings under this law by first-class mail to the

recently verified last-known address of the party.

 Effect. Updates were made to the general notice provisions in the Children’s Code to provide

greater clarification on how notice is provided to the parties involved in child welfare matters. The

prior simple reference to following the Oneida Judiciary Rules of Civil Procedure did not provide

the Indian Child Welfare Department and the Oneida Law Office the guidance they needed in how

notice should occur, because the Oneida Judiciary Rules of Civil Procedures did not address the

notice of particular documents or processes contained in the Children’s Code. The new provisions

provide the necessary clarification to guide notice practices under the Children’s Code.

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D. Notice Provisions Throughout the Law. In addition to the general notice provisions that have been

amended in section 708.12, notice provisions have been clarified and updated throughout the Children’s

Code including:

 Section 708.16-3. The proposed amendments to the Children’s Code remove a provision

which states that prior to the start of a hearing for emergency custody, the Court shall

provide a copy of the petition to the parent, guardian, and legal custodian, if present, and

to the child if he or she is twelve (12) years of age or older. Instead, the proposed

amendments now provide that for any parties not present at the hearing, the Department

shall serve the petition on those parties by verified mail, return receipt requested.

 Section 708.17-1. The proposed amendments to the Children’s Code provide that upon

filing with the Court, the Department shall provide a copy of the petition for a child in need

of protection or services to the parties by personal service or, if personal service is not

possible, by certified mail with return receipt requested.

 Section 708.17-5. The proposed amendments to the Children’s Code provide that upon

filing with the Court, the Department shall provide a copy of the amended petition to the

parties by certified mail with return receipt requested. Previously, this section of the

Children’s Code provided that an amended petition may be given to the parties directly by

the Nation’s Child Welfare attorney or the Indian Child Welfare Worker or served on the

parties pursuant to the Oneida Judiciary Rules of Civil Procedure.

 Section 708.21-1. The Children’s Code provides that before the dispositional hearing, the

Department shall submit a written report to the Court, with a copy provided to the parties

at least seven (7) days prior to the hearing. The proposed amendments to the Children’s

Code clarify that the copy of the written report shall be provided to the parties by first-class

mail.

 Section 708.23-3. The proposed amendments to the Children’s Code provide that at least

seven (7) days before the date of the permanency plan hearing, the Department shall file

the updated permanency plan with the Court and provide a copy to the parties by first-class

mail. Previously, this section of the Children’s Code required that at least five (5) business

days before the date of the hearing the Department shall provide a copy of the updated

permanency plan to the Court and the parties.

 Section 708.24-4. The proposed amendments to the Children’s Code provide that upon

filing with the Court, the Department shall provide a copy of the request for a change in

placement to the parties by first-class mail. Previously, this section of the Children’s Code

provided that written notice of the proposed change in placement shall be sent to all of the

parties pursuant to the Oneida Judiciary Rules of Civil Procedure.

 Section 708.24-6. The proposed amendments to the Children’s Code provide that the

Department shall notify the parties of the emergency change in placement by personal

service as soon as possible but no later than seventy-two (72) hours after the emergency

change in placement excluding Saturdays, Sundays, and holidays. Previously, this section

of the Children’s Code provided that notice of the emergency change in placement shall be

sent to the parties as soon as possible but no later than seventy-two (72) hours after the

emergency change in placement excluding Saturdays, Sundays, and holidays.

 Section 708.25-4. The proposed amendments to the Children’s Code provide that upon

filing a request for trial reunification with the Court and at least seven (7) days before the

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

date of reunification, the Department shall provide the parent, guardian, legal custodian,

and any other party written notice of the proposed reunification by first-class mail.

Previously, this section of the Children’s Code provided that Department or Nation’s Child

Welfare attorney shall provide the parent, guardian, legal custodian, and any other party

written notice pursuant to the Oneida Judiciary Rules of Civil Procedure.

Section 708.24-7. The proposed amendments to the Children’s Code provide that no later

than seven (7) days prior to the expiration of the trial reunification, the Department shall

submit the request for an extension of the trial reunification to the Court and shall cause

notice of the request to be provided to all parties by first-class mail. Previously, this section

of the Children’s Code provided that no later than ten (10) days prior to the expiration of

the trial reunification, the Department shall submit the request to the Court and shall cause

notice of the request to be provided to all parties.

Section 708.25-8. The proposed amendments to the Children’s Code clarify that the

Department is required to provide written notice of the end of a trial reunification period

to the parties by first-class mail.

Section 708.25-9(a)(1). The proposed amendments to the Children’s Code clarify that the

Department’s request for revocation of the trial reunification is required to be provided by

first-class mail.

Section 708.26-2. The proposed amendments to the Children’s Code clarify that the

Department’s request for a revision of the dispositional order is required to be provided to

the parties by first-class mail. Previously, this section of the Children’s Code provided that

notice be provided to the parties pursuant to the Oneida Judiciary Rules of Civil Procedure.

Section 708.27-1. The proposed amendments to the Children’s Code clarify that the

Department’s request for an extension of the dispositional order is required to be provided

to the parties by first-class mail. Previously, this section of the Children’s Code provided

that notice be provided to the parties pursuant to the Oneida Judiciary Rules of Civil

Procedure.

Section 708.29.4. The proposed amendments to the Children’s Code provide that upon

filing with the Court and at least seven (7) days prior to the plea hearing, the party that filed

the guardianship petition shall provide a copy of the petition to the other parties by personal

service or, if personal service is not possible, by certified mail with return receipt requested.

Section 708.29-8(a). The proposed amendments to the Children’s Code provide that upon

filing with the Court and at least seven (7) days prior to the fact-finding hearing, the

Department shall provide the parent, guardian, legal custodian, proposed guardian, and any

other parties a written copy of the report by first-class mail. Previously, this section of the

Children’s Code provided that the Department shall file its report with the Court prior to

the fact-finding hearing and shall provide the parties with a copy of the report at least three

(3) business days prior to the hearing.

Section 708.30-2. The proposed amendments to the Children’s Code provide that the

motion for a revision of guardianship shall be filed with the Court and, upon filing, a written

copy shall be provided to all parties by first-class mail. Previously, the notice of revision

was required to be filed with the Court with notice provided to the parties pursuant to the

Oneida Judiciary Rules of Civil Procedure. Additionally, the proposed amendments to

subsection (a) of 708.30-2 provide that upon filing with the Court and at least seven (7)

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days prior to the revision hearing, the Department shall provide the parties with a written

copy of their report by first-class mail. Previously, subsection (a) provided that the

department shall file its report with the Court prior to the hearing on the revision of

guardianship and shall provide the parties with a copy of the report at least three (3)

business days prior to the hearing.

 Section 708.31-2(a). The proposed amendments to the Children’s Code provide that upon

filing with the Court and at least seven (7) days prior to the termination hearing, the

Department shall provide the parties with a written copy of the report for the termination

of a guardianship by first class mail. Previously, the Children’s Code provided that the

Department shall file its report with the Court prior to the hearing on the termination of

guardianship and shall provide the parties with a copy of the report at least three (3)

business days prior to the hearing.

 Section 708.35-5. The proposed amendments to the Children’s Code provide that upon

filing with the Court and at least seven (7) days prior to the initial hearing, the petitioner

shall serve the summons and petition upon the following persons by personal service or, if

personal service is not possible, by certified mail, return receipt requested: The parent(s)

of the child, including an alleged father if paternity has not been established; and The

child’s foster parent, guardian or legal custodian, if applicable. Previously, the Children’s

Code provided that the petitioner shall ensure the summons and petition are served upon

the following persons pursuant to the Oneida Judiciary Rules of Civil Procedure: The

parent(s) of the child, including an alleged father if paternity has not been established; The

child’s foster parent, guardian or legal custodian, if applicable; and The Nation’s Child

Welfare attorney and the Department, if the petition is filed by anyone other than the

Nation’s Child Welfare attorney or the Department.

 Section 708.43-4. The proposed amendments to the Children’s Code provide that the

Department or other agency or department making the adoption investigation shall file its

report with the Court prior to the hearing on the petition and shall provide a copy of the

report to the parties by first-class mail at least seven (7) days prior to the hearing.

Previously, this section of the Law provided that the Department or other agency or

department making the investigation shall file its report with the Court prior to the hearing

on the petition and shall provide the parties with a copy of the report at least three (3)

business days prior to the hearing.

 Section 708.43-9. The proposed amendments to the Children’s Code provide that within

five (5) days after entry of the order granting a closed adoption, the Department shall mail

a copy of the order to the State of Wisconsin Bureau of Vital Statistics and furnish any

additional data needed for the issuance of a new birth certificate. Previously this section

provided that after entry of the order granting the adoption, the Department shall promptly

mail a copy of the order to the State of Wisconsin Bureau of Vital Statistics and furnish

any additional data needed for the issuance of a new birth certificate.

 Effect. Revisions to specific notice requirements throughout the Children’s Code were made to

provide greater clarification on how notice shall occur.

E. Referral of a Paternity Action to the Oneida Nation Child Support Agency. The proposed

amendments to the Children’s Code addresses referrals for paternity actions. The proposed amendments

provides that if an alleged father appears at a hearing under this law, the Court may order the

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Department to refer the matter to the Oneida Nation Child Support Agency to adjudicate paternity. [7

O.C. 708.13-3]. There is a new provision added to the that that provides that if the Court enters such

an order, then the Department may sign documents required by the Oneida Nation Child Support

Agency on behalf of the family for the limited purpose of initiating a paternity action. Id. While

paternity is being established, the Court shall enter an order finding good cause to suspend the time

limits established under this law. Id. Previously, the Children’s Code provided that if an alleged father

appears at a hearing under this law, the Court may refer the matter to the Oneida Nation Child Support

Agency to adjudicate paternity.

 Effect. The proposed amendments to the Children’s Code provide greater clarification on how a

referral to the Oneida Nation Child Support Agency occurs – that the Court may order the

Department to refer the matter to the Oneida Nation Child Support Agency – so it is not the Court

itself that refers the matter to the Oneida Nation Child Support Agency. Authority was given to the

Department to sign documents required by the Oneida Nation Child Support Agency on behalf of

the family for the limited purpose of initiating a paternity action, so that a situation could be avoided

where a paternity action is unable to be initiated because the mother of the child is unable to or not

around to sign the necessary documents.

F. Access of Records for a Guardian Ad Litem. The proposed amendments add a new provision to the

Children’s Code which provides that the Department shall make available for inspection or disclosure

the contents of any record kept, regardless of the originating source, to a guardian ad litem appointed

in a Children’s Code or family law case when that access is granted by order of the Court. [7 O.C.

708.14-2].

 Effect. When the Court appoints a GAL, whether that be in a case under the Children’s Code or

the Child Custody, Placement, and Visitation law, the Court’s order contains the following

statement: The guardian ad litem shall be provided access to all records in possession of juvenile

intake; the tribal, county or state department of social services; child welfare agencies; schools;

or law enforcement agencies pertaining to the above captioned case, regardless of the originating

source, including but not limited to, medical, mental health, psychological, counseling, drug or

alcohol records from a non-federally assisted program as defined in 42 CFR Part 2, financial,

educational, employment, probation, and law enforcement records. The inclusion of this statement

in the Court order intends to avoid unnecessary delay in seeking other consent authorization for

access to records, especially when the GAL has to meet expedited timelines included under the

Children’s Code. Requiring a GAL to seek a signed authorization form from the parent in order to

access information from the Indian Child Welfare Department or other department of the Nation

should not be necessary when the order made by the Court already addresses the release of

information to the GAL. This amendment clarifies this issue and intends to avoid unnecessary delay

in the future.

G. Withholding the Release of Information. The proposed amendments add a new provision to the

Children’s Code which provides that the Department may make an ex parte request to the Court to

conduct an in-camera review to determine what information should and should not be released to the

parties and their counsel. [7 O.C. 708.14-7]. In making that determination, the Court is required to

balance what is necessary to a fair determination of the child welfare legal matter, including access to

records, against the interest in protecting the child from the risk of harm. Id. After the Court conducts

the in-camera review, the decision regarding the release of records shall be provided to the parties in

writing. Id.

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Effect. The Children’s Code provides that upon written request, the parties and their counsel shall

have the right to inspect, copy or photograph social, psychiatric, psychological, medical, and school

reports, and records concerning the child including reports of preliminary inquiries, predisposition

studies and supervision records relating to the child which are in the possession of the Nation’s

Child Welfare attorney or the Department that pertain to any case under this law. [7 O.C. 708.141]. The Indian Child Welfare Department expressed concerns that the Department may have certain

records which if released could cause harm to the child. This provision was added to give the

Department a method to seek intervention by the Court to determine if certain records can be

withheld in the interest in protecting the child.

H. Holding a Child in Custody. The Children’s Code provides a list of options for where a child may be

held in custody as long as the place is in the best interest of the child and all people residing or regularly

visiting the premises have cleared a background check. [7 O.C. 708.15-6]. The proposed amendments

to the Children’s Code add a new option to the list of where a child may be held in custody at, which

is a hospital or other medical or mental health facility. [7 O.C. 708.15-6].

 Effect. The option to hold a child in custody in a hospital or other medical or mental health facility

was added to address child welfare cases where the child may need to be hospitalized or held in a

medical facility. This provides greater flexibility in determining where a child should be held in

custody that best meets the needs and interests of the child.

I. Order for Holding a Child in Custody at an Emergency Custody Hearing. The Children’s Code

provides that all orders to hold a child in custody at an emergency custody hearing shall be in writing

and provides what information is required to be included in the order. [7 O.C. 7008.16-6(a)]. The

proposed amendments to the Children’s Code will now include the addition of information that may

be, but not required to be, included in the order to hold a child in custody. [7 O.C. 7008.16-6(b)]. Now

an order to hold a child in custody may include a transfer of the legal custody of the child, including

decisions about health care and education.

 Effect. Allowing an order to hold a child in custody at an emergency custody hearing to include a

transfer of the legal custody of the child, including decisions about health care and education, allow

for legal custody to be transferred to the Department or the other parent, if necessary, especially if

medical decisions need to be made on behalf of the child.

J. Request for Out of Home Placement of the Child at the Plea Hearing. The proposed amendments to

the Children’s Code provide that at the plea hearing the Department may request placement of the child

outside of the child’s home in accordance with the placement preferences in section 708.11-1, if notice

of the Department’s intent to seek out of home placement of the child was provided to the parties prior

to the hearing in substantial compliance with section 708.15-9. [7 O.C. 708.19-5]. The Children’s Code

will not require that in the request for placement of the child outside of the child’s home the Department

shall present as evidence specific information as outlined in 708.16-6(a)(1)-(5). Id. If the Court orders

the out of home placement of the child, the order shall be in writing and shall contain the information

required by section 708.16-6(a)(1)-(5). [7 O.C. 708.19-6]. Previously, the Children’s Code did not

allow for the Department to request the out of home placement of a child at the plea hearing.

 Effect. The proposed amendments to the Children’s Code will allow for the Department to request

the placement of a child outside of the child’s home at the plea hearing. Currently, it has been

interpreted that a request for the placement of the child outside of the child’s home can only occur

at an emergency custody hearing or at the dispositional hearing for a child in need of protection or

services. The Department requested this amendment so that the Department would have the ability



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to avoid taking a child into emergency custody when the parents are already in agreement with a

protective plan and the child is already staying out of home under the protective plan. This allows

the Department to avoid unnecessary litigation and pressure to the family if the emergency custody

hearing can be skipped, and the department can file a petition for a child in need of protection or

services and request the ordered out of home placement at the time of the plea hearing. A protective

plan is a safety tool the Department can implement during the Initial Assessment stage of a case.

Initial Assessment lasts sixty (60) days and during that time the Indian Child Welfare Department

workers gather information, and a determination is made whether a petition for a child in need of

protection or services needs to be filed. Parents have to agree to a protective plan and the plan can

only last for sixty (60) days. There isn’t a formal order placing the child out of home within a

protective plan because a protective plan is temporary and agreed to by the parents. When the sixty

(60) days for the initial assessment ends, if it is clear that a petition for a child in need of protection

or services needs to be filed, then the Department would like the ability to skip a contentious

emergency custody hearing and simply file a petition and ask for an order for out of home

placement at the first hearing, which is the plea hearing. An emergency custody hearing is also not

the best option in these situations because an “emergency” does not necessarily exist because the

child is safe under the protective plan and staying out of the home.

K. Withholding Identifying Information in the Dispositional Report. The proposed amendments to the

Children’s Code eliminated section 708.21-3 of the Code which provided that the Department may

request the Court to withhold identifying information from the child's parent, guardian, or legal

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

the child or anyone else.

 Effect. Section 708.21-3 of the Children’s Code- which provided that the Department may request

the Court to withhold identifying information in the dispositional report from the child's parent,

guardian or legal custodian if there are reasonable grounds to believe that disclosure would result

in imminent danger to the child or anyone else - was eliminated from the Children’s Code because

it was duplicative of section 708.12-4 – a new, more general, addition to the Code – which provides

that in all proceedings under this law, the Department may withhold the placement provider’s

identifying information from the child’s parent, guardian, or legal custodian if there are reasonable

grounds to believe that disclosure would result in imminent danger to the child or anyone else.

Section 708.12-4 then allows a parent, guardian, or legal custodian may request judicial review of

the decision to withhold the identifying information.

L. Copy of the Dispositional Order to the Child. The proposed amendments to the Children’s Code

remove the requirement to provide a copy of the dispositional order to the child is the child is age twelve

(12) or older.

 Effect. After much discussion between the Indian Child Welfare Department, Oneida Law Office,

and Oneida Family Court it was determined that it may not be appropriate to provide a child age

twelve (12) or older a copy of the dispositional order due to the nature of the information that may

be included in the dispositional order and therefore this provision of the Children’s Code should be

removed.

M. Capacity of the Child to Express their Wishes. The Children’s Code provides that in making a decision

about the appropriate disposition, the Court shall consider any report submitted by the Department and

shall consider, but not be limited to, whether the person would be a suitable guardian of the child, the

willingness and ability of the person to serve as the child's guardian for an extended period of time or

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until the child reaches the age of eighteen (18) years, and the wishes of the child. The proposed

amendments to the Children’s Code clarify that the wishes of the child should only be considered when

the child has the capacity to express their wishes. This same revision occurs in section 708.39-3 of the

Children’s Code.

 Effect. The proposed amendments provide clarification that the wishes of the child should be taken

into consideration by the Court when the child has the capacity to express their wishes.

N. Suspension of Parental Rights. The proposed amendments to the Children’s Code now allow for the

suspension of parental rights in addition to the termination of parental rights. The suspension of parental

rights is the permanent suspension of the rights of biological parents to provide for the care, custody,

and control of their child. [7 O.C. 708.32-3]. It is the philosophy of the Nation that children deserve a

sense of permanency and belonging throughout their lives and at the same time they deserve to have

knowledge about their unique cultural heritage including their tribal customs, history, language,

religion, and values. [7 O.C. 708.32-1]. Much like the termination of parental rights, the suspension of

parental rights should only be used as a last resort when all efforts have failed to avoid suspension or

termination and it is in the best interests of the child concerned to proceed with the suspension or

termination of parental rights. [7 O.C. 708.32-2]. The suspension of parental rights can occur on a

voluntary or involuntary basis. [7 O.C. 708.32-5]. An order suspending or terminating parental rights

permanently severs all legal rights and duties between the parent whose parental rights are suspended

or terminated and the child. [7 O.C. 708.32-6]. The suspension or termination of parental rights shall

not adversely affect the child’s rights and privileges as a member of the Nation, nor as a member of any

tribe to which the child is entitled to membership, nor shall it affect the child’s enrollment status with

the Nation, nor shall it interfere with the child’s cultural level and traditional and spiritual growth as a

member of the Nation. [7 O.C. 708.32-6]. The suspension of parental rights is handled the same way

as the termination of parental rights in regard to the process for the voluntary suspension or termination

[7 O.C. 708.33], grounds for involuntary suspension or termination [7 O.C. 708.34], the petition for

the suspension or termination [7 O.C. 708.35], the initial hearing on the suspension or termination [7

O.C. 708.36], the fact-finding hearing for the suspension or termination [7 O.C. 708.37], the

Department’s suspension or termination of parental rights report [7 O.C. 708.38], standards and factors

to be utilized by the Court when making a decision [7 O.C. 708.39], and the dispositional hearing for

the suspension or termination of parental rights [7 O.C. 708.40].

 Effect. The proposed amendments to the Children’s Code add in provision regarding the

suspension of parental rights, in addition to the termination of parental rights that was already

included in the Children’s Code. This provides one more option for finding the best solution to a

child welfare matter to best meet the needs of the child.

O. Continuing Need of Protection or Services as a Ground for Involuntary Suspension or Termination

of Parental Rights. The Children’s Code provides various grounds for suspension or termination of

parental rights. [7 O.C. 708.34-1]. Specifically, the Children’s Code provides what needs to be proved

to demonstrate that the child is in continuing need of protection or services – which is a ground for the

suspension or termination of parental rights. [7 O.C. 708.34-1(c)]. The proposed amendments to the

Children’s Code provides that it must be provided that the child has been outside the home for a

cumulative total period of six (6) months or longer pursuant to such orders; and that the parent has

failed to meet the conditions established for the safe return of the child to the home and, if the child has

been placed outside the home for less than fifteen (15) of the most recent twenty-two (22) months, that

there is a substantial likelihood that the parent will not meet these conditions as of the date on which

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the child will have been placed outside the home for fifteen (15) of the most recent twenty-two (22)

months, not including any period during which the child was a runaway from the out-of-home

placement or was residing in a trial reunification home. [7 O.C. 708.34-1(c)(3)]. Previously the

Children’s required that it be proved that the child has been outside the home for a cumulative total

period of six (6) months or longer pursuant to such orders; and that the parent has failed to meet the

conditions established for the safe return of the child to the home and there is a substantial likelihood

that the parent will not meet these conditions within the nine (9) month period following the termination

of parental rights fact-finding hearing.

 Effect. This proposed revision to the Children’s Code was made to be consistent with recent

revisions to Wis. Stat. §48.415(2). Although the Nation is under no obligation to amend its laws to

be consistent with laws of the State, concern was expressed that it may be beneficial to ensure the

Nation’s grounds for suspension or termination of parental rights are consistent with the State’s

grounds so that if a case transfers after being filed in State court, we are not in a position where we

have to dismiss the petition if the grounds pled in State court are different from the grounds found

in the Children’s Code, causing the Department to have to refile, assuming they have a factual basis

to do so.

P. Order of Disposition for the Suspension or Termination of Parental Rights. The Children’s Code

provides that if the disposition of the Court is for the suspension or termination of parental rights, the

order shall be in writing, and the Children’s Code then provides the information that is required to be

included in that order.[7 O.C. 708.40-4(b)]. The proposed amendments to the Children’s Code now

provide what the order for the disposition for the suspension or termination of parental rights may, but

is not required, to include. [7 O.C. 708.40-4(c)]. If the disposition is for the suspension or termination

of parental rights, the order may contain a termination of the right of the parent to have contact with

the minor child including contact in person, by mail, by telephone, or through third parties; an order

restraining a parent from contacting the minor child, the child’s foster parent, the child’s adoptive parent

and/or the social services agency or agencies possessing information regarding the child; an order that

the biological parents’ obligation to pay child support, except for arrearages, is hereby terminated; and

an order that any prior court order for custody, visitation, or contact, with the minor child is hereby

terminated. [7 O.C. 708.40-4(c)(1)-(4)]. The proposed amendments now also require that the Court

provide a copy of the order suspending or terminating parental rights to the child's parent, guardian,

and legal custodian; the other parties to the action; and the current or future foster parents for the

purpose of pursuing adoption.

 Effect. The purpose of this proposed amendment to the Children’s Code is to provide greater

clarification as to what information may be included in the Court’s order for the disposition for the

suspension or termination of parental rights but is not required to be included. Additionally,

requiring that the Court provide a copy of the order suspending or terminating parental rights to the

child's parent, guardian, and legal custodian; the other parties to the action; and the current or future

foster parents for the purpose of pursuing adoption ensures that foster parents or relative placement

providers – particularly those no licensed by Nation – have as method to obtain a copy of the

suspension or termination of parental rights order order that they will need to attach to the petition

for adoption, since they may not have access to the Department’s records otherwise.

Q. Form of Adoption. The proposed amendments to the Children’s Code provide clarification on adoption

now that suspension of parental rights is available. The amendments provide that an adoption under

this law shall take the form of customary adoption when the Court has granted a petition to suspend

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parental rights. [7 O.C. 708.41-1]. When the Court grants a petition to terminate parental rights, the

adoption shall be closed. Id. Previously, the Law provided that adoptions shall take the form of

customary adoptions unless the Court determines there is good cause for the adoption to be closed.

 Effect. Previously, the Children’s Code only provided for the termination of parental rights. Now

that the suspension of parental rights is also allowed under the Children’s Code, this proposed

amendment provides guidance on what form of adoption should be sought and utilized based on

whether a suspension or termination of parental rights occur. The Department sought amendments

to the Children’s Code so that customary adoptions would occur when a suspension of parental

rights occurs, rather than a termination of parental rights. The Department sought this amendment

because in order to qualify for Adoption Assistance with the State, for a customary adoption, it had

to be a suspension of parental rights that occurred and not a termination of parental rights. The

Department wanted to ensure that adopting families under the Children’s Code had access to

support and financial assistance under the State.

R. Adoption Investigations. The Children’s Code provides that when a petition for adoption is filed, the

Court shall order an investigation to determine whether the child is a proper subject for adoption and

whether the petitioner's home is suitable for the child. [7 O.C. 708.43-3]. The Court shall order one of

the following to conduct the investigation: if the Department, or another agency or department, has

guardianship of the child, the agency or department that has guardianship; or if no agency or department

has guardianship of the child and a relative, including a stepparent, has filed the petition for adoption,

the Department. [7 O.C. 708.43-3(a)(1)-(2)]. The proposed amendment to the Law clarifies that if the

Court orders the Department to conduct the investigation, the Department may contract with a thirdparty agency to conduct the investigation. [7 O.C. 708.43-3(b)].

 Effect. The proposed amendment to the Children’s Code allows the Department to contract with a

third-party agency to conduct an adoption investigation that may have been ordered by the Court.

This provides greater flexibility to the Department in balancing their resources and time when

ordered to conduct an investigation.

S. Other Revisions. Other minor drafting revisions are made throughout the Children’s Code

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SECTION 6. EXISTING LEGISLATION

A. Related Legislation. The following laws of the Nation are related to the Children’s Code:

 Paternity Law. The purpose of the Paternity law is to establish paternity of Oneida children and

other Indian children in order to protect the best interest of these children regarding such

matters as enrollment, customs and traditions of the Tribe, survivorship and inheritance, health,

support, and social security benefits. [7 O.C. 703.1-1]. It is the policy of this law to legally

establish paternity in order to recognize and identify the father of Oneida children and other

Indian children, when necessary. [7 O.C. 703.1-2].

 The Children’s Code provides that if an alleged father appears at a hearing under this

law, the Court may order the Department to refer the matter to the Oneida Nation Child

Support Agency to adjudicate paternity. [7 O.C. 708.13-3]. If the Court enters such an

order, then the Department may sign documents required by the Oneida Nation Child

Support Agency on behalf of the family for the limited purpose of initiating a paternity

action. Id. While paternity is being established, the Court shall enter an order finding

good cause to suspend the time limits established under this law. Id.

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The process for adjudicating paternity is then provided by the Paternity law.

[7 O.C. 703.1-6].

Oneida Judiciary Rules of Civil Procedure. The Oneida Judiciary Rules of Civil Procedure

governs all civil actions that fall under the jurisdiction of the Nation to ensure that there is a

consistent set of rules governing the process for civil claims, in order to ensure equal and fair

treatment to all persons who come before the Tribal Courts to have their disputes resolved. [8

O.C. 803.1-1, 803.1-2].

 The Children’s Code provides that service of documents and notices shall be as

specified in this law. If a method of service is not specified in this law, then service

shall be by first-class mail to the recently verified last-known address of the party. If a

party’s whereabouts are unknown and cannot be found after diligent effort, service

shall be by publication as described in the Oneida Judiciary Rules of Civil Procedure.

[7 O.C. 708.12-1].

 The Oneida Judiciary Rules of Civil Procedure provides that when the other

party’s whereabouts are unknown and cannot be found after diligent effort,

service may be completed by publication. The publication shall be in the Tribal

newspaper or in a newspaper of general circulation in the area of the party’s

last known address and shall be designated as “Legal Notice.” This notice shall

be published at least two (2) times within a thirty (30) day period. The two (2)

notices shall be published at least ten (10) days before the hearing. Copies of

the two (2) published notices and an affidavit of service stating the facts

surrounding the failure of personal and mail service shall be filed with the

Court as proof of service. The Court may, on its own, order different time

limits for service by publication. [8 O.C. 803.5-6(c)].

 The Children’s Code provides that when the Department is required to perform

personal service, the Indian Child Welfare Worker may deliver the document(s)

directly to the party(s) if such service is appropriate and safe under the circumstances.

In the alternative, personal service may be accomplished according to the Oneida

Judiciary Rules of Civil Procedure. [7 O.C. 708.12-3].

 The Oneida Judiciary Rules of Civil Procedure provides that personal service

shall consist of delivering to the party a copy of the paper being served by a

law enforcement officer or other person, who is not a party to the action and

who is at least eighteen (18) years of age. An affidavit of service shall be filed

with the Court as proof of service. Personal service shall be completed by hand

delivering the required papers to any of the following: The party named in the

action or proceeding; An individual residing at the party’s home or usual place

of abode, so long as the person signing for delivery is at least eighteen (18)

years of age; An officer, manager, agent, or partner of a non-individual party;

or an attorney or advocate of the party, if represented. [8 O.C. 803.5-6(a)].

 The Children’s Code provides that in addition to the discovery procedures permitted

under this law, the discovery procedures permitted under the Oneida Judiciary Rules

of Civil Procedure shall apply in all proceedings under this law. [7 O.C. 708.14-5].

 The Oneida Judiciary Rules of Civil Procedure provides procedures for

discovery including the scope, required disclosures, limitations, time for



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required disclosures, required pretrial disclosures, protective orders,

supplementing disclosures and responses, signatures required and the effect of

signatures, failure to disclose and information produced. [8 O.C. 803.14].

 The Children’s Code provides that the fact-finding hearing for a child in need of

protection or services shall be conducted according to the Oneida Judiciary Rules of

Civil Procedure except that the Court may exclude the child from the hearing. [7 O.C.

708.20-2].

 The Oneida Judiciary Rules of Civil Procedure provides general hearing

procedures. [8 O.C. 803.38].

 The Children’s Code provides that after receiving any evidence relating to the

disposition for guardianship, the Court shall enter a disposition and issue a written

decision consistent with the Oneida Judiciary Rules of Civil Procedure.[7 O.C. 708.2911].

 The Oneida Judiciary Rules of Civil Procedure provides procedure for entering

and enforcing a judgment of the Court. [8 O.C. 803.31].

 The Children’s Code provides that the fact-finding hearing for the suspension or

termination of parental rights shall be conducted according to the Oneida Judiciary

Rules of Civil Procedure except that the Court may exclude the child from the hearing.

[7 O.C. 708.37-2].

 The Oneida Judiciary Rules of Civil Procedure provides general hearing

procedures. [8 O.C. 803.38].

 The Children’s Code provides that after receiving any evidence relating to the

disposition for the suspension or termination of parental rights, the Court shall enter a

disposition and issue a written decision consistent with the Oneida Judiciary Rules of

Civil Procedure.[7 O.C. 708.40-1].

 The Oneida Judiciary Rules of Civil Procedure provides procedure for entering

and enforcing a judgment of the Court. [8 O.C. 803.31].

Family Court Law. The purpose of the Family Court law is to establish a Family Court, and to

provide for the administration of law, justice, judicial procedures and practices by the Oneida

Tribe as a sovereign nation by exercising the inherent power to make, execute, apply, and

enforce its own law, and to apply its own customs and traditions in matters affecting the Oneida

people as it pertains to the family and/or to our children.

 The Children’s Code provides that the Court has personal jurisdiction over an Oneida

Child, and over a non-Oneida child in certain circumstances. [7 O.C. 708.5-1].

Additionally, the Children’s Code provides that the Court has jurisdiction over a child

alleged to be in need of protection or services if personal jurisdiction has been

established and the child meets certain requirements. [7 O.C. 708.5-2]. Court is defined

in the Children’s Code as the Oneida Nation Family Court, which is the branch of the

Oneida Nation Judiciary that has the designated responsibility to oversee family

matters. [7 O.C. 708.3-1(j)].

 The Family Court law provides that there is a Family Court, which shall

administer the judicial authorities and responsibilities of the Tribe over all

matters pertaining to the family, children, and elders, except for probate

matters. [8 O.C. 806.4-1]. The Family Court shall have subject matter

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jurisdiction over cases and controversies arising under the following: Tribal

laws which specifically authorize the Court to exercise jurisdiction, and the

Constitution. [8 O.C. 806.5-2]. The Family Court law then describes when the

Family Court has personal jurisdiction of an individual including Indians and

non-Indians. [8 O.C. 806.5-3].

Oneida Judiciary Rules of Evidence. The Oneida Judiciary Rules of Evidence establishes rules

of evidence to apply in proceedings held in the Trial court and Family Court of the Oneida

Judiciary administer Court proceedings fairly, eliminate unjustifiable expense and delay, and

promote the development of evidence law, by obtaining the truth and securing a just

determination. [8 O.C. 804.1-1, 804.1-2].

 The Children’s Code provides that the Oneida Judiciary Rules of Evidence are not

binding at emergency custody hearings, dispositional hearings, or a hearing about

changes in placement, revision of dispositional orders, extension of dispositional

orders, or termination of guardianship orders. At those hearings, the Court shall admit

all testimony having reasonable probative value, but shall exclude immaterial,

irrelevant, or unduly repetitious testimony. Hearsay evidence may be admitted if it has

demonstrable circumstantial guarantees of trustworthiness. The Court shall give effect

to the rules of privilege recognized by laws of the Nation. The Court shall apply the

basic principles of relevancy, materiality, and probative value to proof of all questions

of fact. [7 O.C. 708.13-2].

Child Support Law. The purpose of the Child Support law is to establish the legal responsibility

of parents to provide financially for their children’s general well-being; make support payments

more equitable by ensuring consistent treatment of persons in similar circumstances; make

support payments based on the real earning capability of parents; and improve the efficiency

of child support establishment and enforcement. [7 O.C. 704.1-1].

 The Children’s Code provides that at any time, the Court or the Department may refer

the matter to the Nation’s Child Support Agency. [7 O.C. 708.13-4].

660

SECTION 7. OTHER CONSIDERATIONS

661

A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC663

10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures

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Act,” provides further clarification on who the Legislative Operating Committee may direct complete

665

a fiscal impact statement at various stages of the legislative process, as well as timeframes for

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completing the fiscal impact statement.

667

 Conclusion. The Legislative Operating Committee received a fiscal impact statement for the

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proposed amendments to the Children’s Code from the Finance Department on August 12, 2022.

669

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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

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-__-__-__-__.

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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;

(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.

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;

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(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.

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(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.

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(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.

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(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;

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;

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(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

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.

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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

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;

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

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(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;

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;

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 proce

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.