# Oneida Business Committee (2022) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A7c70e07028086fab ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 339 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. I. CALL TO ORDER II. OPENING III. ADOPT THE AGENDA IV. OATH OF OFFICE V. VI. A. Anna John Resident Centered Care Community Board - Valerie Groleau Sponsor: Lisa Liggins, Secretary B. Southeastern Wisconsin Oneida Tribal Services Advisory Board - Debra Lynn Fabian Sponsor: Lisa Liggins, Secretary MINUTES A. Approve the August 24, 2022, regular Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary B. Approve the August 26, 2022, emergency Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary RESOLUTIONS A. Adopt resolution entitled Amendments to the Children's Code Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 1 of 6 September 14, 2022 Public Packet VII. 2 of 339 B. Adopt resolution entitled Emergency Amendments to the Emergency Management Law Sponsor: David P. Jordan, Councilman C. Adopt resolution entitled Extension of Declaration of Public Health State of Emergency Until November 19, 2022 Sponsor: Kaylynn Gresham, Director/Emergency Management D. Adopt resolution entitled Continuing to Operate Fiscal Year 2023 Sponsor: Jo Anne House, Chief Counsel E. Adopt resolution entitled Designated Tribal Representative to the North American Indigenous Games Sponsor: Lisa Liggins, Secretary F. 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 A. VIII. Determine next steps regarding one vacancy - Oneida Police Commission Sponsor: Lisa Liggins, Secretary STANDING COMMITTEES A. LEGISLATIVE OPERATING COMMITTEE 1. IX. Accept the August 3, 2022, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman STANDING ITEMS A. ARPA FRF and Tribal Contribution Savings Submissions 1. 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 Page 2 of 6 September 14, 2022 Public Packet X. XI. 3 of 339 UNFINISHED BUSINESS A. 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. B. 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. C. 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 A. 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 A. Approve the travel request - Councilwoman Jennifer Webster - Administration for Children & Families Tribal Advisory Committee - Sequim, WA - October 11-15, 2022 Sponsor: Jennifer Webster, Councilwoman B. 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 Page 3 of 6 September 14, 2022 Public Packet XIII. XIV. 4 of 339 C. 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 D. 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 E. 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 A. 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 B. Approve a limited waiver of sovereign immunity - Brown County Hazardous Waste Facility intergovernmental agreement - file # 2022-0464 Sponsor: Mark W. Powless, General Manager C. Approve two (2) actions regarding the USDA FDPIR Joint Demonstration Project Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs D. Post one (1) vacancy - Oneida Nation School Board Sponsor: Lisa Liggins, Secretary E. 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 A. CORPORATE BOARDS 1. Accept the Oneida Golf Enterprise FY-2022 3rd quarter report Sponsor: Justin Nishimoto, Agent/Oneida Golf Enterprise Oneida Business Committee Regular Meeting Agenda Page 4 of 6 September 14, 2022 Public Packet XV. 5 of 339 EXECUTIVE SESSION A. B. C. REPORTS 1. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 2. Accept the General Manager report (2:00 p.m.) Sponsor: Mark W. Powless, General Manager 3. Accept the Oneida Golf Enterprise FY-2022 3rd quarter executive report (2:30 p.m.) Sponsor: Justin Nishimoto, Agent/Oneida Golf Enterprise 4. Accept the Corporate Boards 3rd quarter analysis report (2:30 p.m.) Sponsor: Justin Nishimoto, Business Analyst AUDIT COMMITTEE 1. Accept the July 21, 2022, regular Audit Committee meeting minutes Sponsor: David P. Jordan, Councilman 2. Accept the Governmental Services Administration performance assurance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 3. Accept the Oneida Police Commission performance assurance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 4. Accept the RSM correspondence as information Sponsor: David P. Jordan, Councilman NEW BUSINESS 1. Accept the Oneida Airport Hotel Corporation update (3:30 p.m.) Sponsor: Kathy Hughes, Chair/Oneida Airport Hotel Corporation 2. Accept the THC Legalization Team update and determine next steps (3:00 p.m.) Sponsor: Kristal Hill, Executive Assistant 3. Accept the Village of Ashwaubenon Service Agreement update Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 4. Approve contract - Government Policy Solutions, LLC - file # 2022-0734 Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 5. 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 Page 5 of 6 September 14, 2022 Public Packet XVI. 6 of 339 6. Approve two (2) actions regarding 2022 Expectations and 2022 Annual Projects & Targets for DR08 - file # 2021-0256 Sponsor: Lisa Liggins, Secretary 7. Approve two (2) actions regarding 2022 Expectations and 2022 Annual Projects & Targets for DR09 - file # 2021-0563 Sponsor: Lisa Liggins, Secretary 8. Review and determine next steps regarding posting for DR05 Sponsor: Lisa Liggins, Secretary 9. 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 Page 6 of 6 September 14, 2022 Public Packet 7 of 339 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 Public Packet 8 of 339 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. Public Packet 9 of 339 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 Public Packet 10 of 339 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 11 of 339 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 Public Packet 12 of 339 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; I. 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. Oneida Business Committee Regular Meeting Minutes Page 1 of 14 August 24, 2022 Public Packet 13 of 339 DRAFT 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 A. Oneida Election Board - Jermaine Delgado, Raymond Skenandore and Kalene White (00:03:55) Sponsor: Lisa Liggins, Secretary B. Oneida Gaming Commission - Michelle Braaten (00:12:00) Sponsor: Lisa Liggins, Secretary C. Oneida Land Claims Commission - Michael King (00:03:55) Sponsor: Lisa Liggins, Secretary D. Oneida Land Commission - Jennifer Hill and Rebecca Webster (00:08:17) Sponsor: Lisa Liggins, Secretary E. Oneida Nation Commission on Aging - Mary Doxtator and Carole Liggins (00:08:17) Sponsor: Lisa Liggins, Secretary F. Oneida Nation School Board - Kathleen Cornelius and Sacheen Lawrence (00:12:00) Sponsor: Lisa Liggins, Secretary G. 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. Oneida Business Committee Regular Meeting Minutes Page 2 of 14 August 24, 2022 Public Packet 14 of 339 DRAFT V. MINUTES A. 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 A. 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 A. 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 Oneida Business Committee Regular Meeting Minutes Page 3 of 14 August 24, 2022 Public Packet 15 of 339 DRAFT B. 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 A. COMMUNITY DEVELOPMENT PLANNING COMMITTEE 1. 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 B. FINANCE COMMITTEE 1. 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 2. 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 Oneida Business Committee Regular Meeting Minutes Page 4 of 14 August 24, 2022 Public Packet 16 of 339 DRAFT IX. STANDING ITEMS A. ARPA FRF and Tribal Contribution Savings Submissions 1. 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. X. TRAVEL REPORTS A. 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 Page 5 of 14 August 24, 2022 Public Packet 17 of 339 DRAFT XI. TRAVEL REQUESTS A. 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 B. 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 A. 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 B. 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 Oneida Business Committee Regular Meeting Minutes Page 6 of 14 August 24, 2022 Public Packet 18 of 339 DRAFT C. 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. D. 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 A. CORPORATE BOARDS 1. 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 19 of 339 DRAFT 2. 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 3. 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 4. 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 Public Packet 20 of 339 DRAFT XIV. GENERAL TRIBAL COUNCIL A. 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 Public Packet 21 of 339 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. A. REPORTS 1. 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 2. 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 22 of 339 DRAFT 3. 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 4. 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 5. 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 6. 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 7. 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. Oneida Business Committee Regular Meeting Minutes Page 11 of 14 August 24, 2022 Public Packet 23 of 339 DRAFT 8. 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 9. 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 B. AUDIT COMMITTEE 1. 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 C. NEW BUSINESS 1. 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 24 of 339 DRAFT 2. 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 3. 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 4. 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 5. 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 Public Packet 25 of 339 DRAFT 6. 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 7. 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 26 of 339 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 Public Packet 27 of 339 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; I. 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 28 of 339 DRAFT III. GENERAL TRIBAL COUNCIL A. 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 29 of 339 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 A. 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. V. 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 Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 31 of 339 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 Public Packet 32 of 339 Public Packet 33 of 339 Public Packet 34 of 339 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Oneida, WI 54155 BC Resolution # _____________ Amendments to the Children’s Code WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Children’s Code was adopted by the Oneida Business Committee though resolution BC-07-26-17-J; and WHEREAS, the purpose of the Children’s Code is to provide for the welfare, care, and protection of Oneida children through the preservation of the family unit, while recognizing that in some circumstances it may be in the child’s best interest to not be reunited with his or her family; and WHEREAS, furthermore, the Children’s Code strengthens family life by assisting parents in fulfilling their responsibilities as well as facilitating the return of Oneida children to the jurisdiction of the Nation and acknowledging the customs and traditions of the Nation when raising an Oneida child; and WHEREAS, it is the policy of the Nation to ensure there is a standard process for conducting judicial proceedings and other procedures in which children and all other interested parties are provided fair hearings in addition to ensuring their legal rights are recognized and enforced, while protecting the public safety; and WHEREAS, the amendments to the Children’s Code provide that any orders made by the Court under this law, or any orders made by a court of competent jurisdiction regarding child welfare matters, shall supersede any other order made by this Court or a court of competent jurisdiction regarding custody or placement of a child until the Children’s Code or other child welfare orders are dismissed; and WHEREAS, the amendments to the Children’s Code provide that the Department may enter into a protective plan with a family; and WHEREAS, the amendments to the Children’s Code update the general notice provisions in the Children’s Code, as well as notice provisions throughout the Children’s Code to provide greater clarification on providing notice in child welfare matters; and Public Packet 35 of 339 BC Resolution # _______ Amendments to the Children’s Code Page 2 of 3 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 WHEREAS, the amendments to the Children’s Code allow the Department to withhold the placement provider’s identifying information from the child’s parent, guardian, or legal custodian if there are reasonable grounds to believe that disclosure would result in imminent danger to the child or anyone else, but that a parent, guardian, or legal custodian may request judicial review of the decision to withhold the identifying information; and WHEREAS, the amendments to the Children’s Code provide clarification on how a matter is referred to the Oneida Nation Child Support Agency for initiating a paternity action, and allow the Department may sign documents required by the Oneida Nation Child Support Agency on behalf of the family for the limited purpose of initiating a paternity action; and WHEREAS, the amendments to the Children’s Code provide that the Department shall make available for inspection or disclosure the contents of any record kept, regardless of the originating source, to a guardian ad litem appointed in a Children’s Code or family law case when that access is granted by order of the Court; and WHEREAS, the amendments to the Children’s Code allow the Department to make an ex parte request to the Court to conduct an in-camera review to determine what information should and should not be released to the parties and their counsel; and WHEREAS, the amendments to the Children’s Code allow a child to be held in custody in a hospital or other medical or mental health facility; and WHEREAS, the amendments to the Children’s Code provide information that may be, but is not required to be, included in the Court’s order to hold a child in custody; and WHEREAS, the amendments to the Children’s Code allow the Department to request the placement of the child outside of the child’s home at the plea hearing; and WHEREAS, the amendments to the Children’s Code allow for the suspension of parental rights in addition to the termination of parental rights; and WHEREAS, the amendments to the Children’s Code update the continuing need of protection or services ground for involuntary suspension or termination of parental rights to be consistent with recent revisions to State statute; and WHEREAS, the amendments to the Children’s Code provide information that may be, but is not required to be, included in the Court’s order of disposition for the suspension or termination of parental rights; and WHEREAS, the amendments to the Children’s Code clarify that an adoption under this law shall take the form of customary adoption when the Court has granted a petition to suspend parental rights, and take the form of a closed adoption when the Court has granted a petition to terminate parental rights; and WHEREAS, the amendments to the Children’s Code allow the Department to contract with a third-party agency to conduct an adoption investigation that may have been ordered by the Court; and WHEREAS, the amendments to the Children’s Code make other minor drafting revisions throughout the Children’s Code; and Public Packet 36 of 339 BC Resolution # _______ Amendments to the Children’s Code Page 3 of 3 94 95 96 97 98 99 100 101 102 103 104 WHEREAS, in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact statement were developed for this Law; and WHEREAS, a public meeting on this proposed Law was held on June 15, 2022, and the public comment period was held open until June 22, 2022; and WHEREAS, the Legislative Operating Committee accepted, reviewed, and considered all public comments received on July 6, 2022 and July 14, 2022; and NOW THEREFORE BE IT RESOLVED, that the amendments to the Children’s Code are hereby adopted and shall be effective on September 28, 2022. Public Packet 37 of 339 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]; Page 1 of 2 Public Packet           38 of 339 Allow the Department to make an ex parte request to the Court to conduct an in-camera review to determine what information should and should not be released to the parties and their counsel [7 O.C. 708.14-6]; Allow a child to be held in custody in a hospital or other medical or mental health facility [7 O.C. 708.15-6(f)]; Provide information that may be, but is not required to be, included in the Court’s order to hold a child in custody [7 O.C. 7008.16-6(b)]; Allow the Department to request the placement of the child outside of the child’s home at the plea hearing [7 O.C. 708.19-5]; Allow for the suspension of parental rights in addition to the termination of parental rights [7 O.C. 708.32]; Update the continuing need of protection or services ground for involuntary suspension or termination of parental rights to be consistent with recent revisions to State statute [7 O.C. 708.34-1(c)]; Provide information that may be, but is not required to be, included in the Court’s order of disposition for the suspension or termination of parental rights [7 O.C. 708.40-4(c)]; Clarify that an adoption under this law shall take the form of customary adoption when the Court has granted a petition to suspend parental rights, and take the form of a closed adoption when the Court has granted a petition to terminate parental rights [7 O.C. 708.411]; Allow the Department to contract with a third-party agency to conduct an adoption investigation that may have been ordered by the Court [7 O.C. 708.43-3(b)]; and Make other minor drafting revisions throughout the Children’s Code. The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C. 109.1-1]. The Children’s Code amendments complied with all processes and procedures required by the LPA, including the development of a legislative analysis, a fiscal analysis, and the opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8]. A public meeting on the proposed Children’s Code was held on June 15, 2022. No individuals provided oral comments during the public meeting. The public comment period was then held open until June 22, 2022. The Legislative Operating Committee received one (1) submission of written comments during the public comment period. All public comments received were accepted, reviewed, and considered by the Legislative Operating Committee on July 6, 2022 and July 14, 2022. Any changes made based on those comments have been incorporated into this draft. The Children’s Code amendments will become effective on September 28, 2022, in accordance with the LPA. [1 O.C. 109.9-3]. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet 39 of 339 Analysis to Draft 3 for OBC Consideration 2022 09 14 CHILDREN’S CODE AMENDMENTS LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Intent of the Proposed Amendments Analysis by the Legislative Reference Office  Provide that any orders made by the Court under this law, or any orders made by a court of competent jurisdiction regarding child welfare matters, shall supersede any other order made by this Court or a court of competent jurisdiction regarding custody or placement of a child until the Children’s Code or other child welfare orders are dismissed [7 O.C. 708.5-6];  Provide that the Department may enter into a protective plan with a family [7 O.C. 708.7-1(f)];  Update the general notice provisions in the Children’s Code, as well as notice provisions throughout the Children’s Code to provide greater clarification on providing notice in child welfare matters [7 O.C. 708.12];  Allow the Department to withhold the placement provider’s identifying information from the child’s parent, guardian, or legal custodian if there are reasonable grounds to believe that disclosure would result in imminent danger to the child or anyone else, but that a parent, guardian, or legal custodian may request judicial review of the decision to withhold the identifying information [7 O.C. 708.12-4];  Provide clarification on how a matter is referred to the Oneida Nation Child Support Agency for initiating a paternity action, and allow the Department may sign documents required by the Oneida Nation Child Support Agency on behalf of the family for the limited purpose of initiating a paternity action [7 O.C. 708.13-3];  Provide that the Department shall make available for inspection or disclosure the contents of any record kept, regardless of the originating source, to a guardian ad litem appointed in a Children’s Code or family law case when that access is granted by order of the Court. [7 O.C. 708.14-2].  Allow the Department to make an ex parte request to the Court to conduct an in-camera review to determine what information should and should not be released to the parties and their counsel [7 O.C. 708.14-7];  Allow a child to be held in custody in a hospital or other medical or mental health facility [7 O.C. 708.15-6(f)];  Provide information that may be, but is not required to be, included in the Court’s order to hold a child in custody [7 O.C. 7008.16-6(b)];  Allow the Department to request the placement of the child outside of the child’s home at the plea hearing [7 O.C. 708.19-5];  Allow for the suspension of parental rights in addition to the termination of parental rights [7 O.C. 708.32];  Update the continuing need of protection or services ground for involuntary suspension or termination of parental rights to be consistent with recent revisions to State statute [7 O.C. 708.34-1(c)]; Page 1 of 17 Public Packet 40 of 339 Analysis to Draft 3 for OBC Consideration 2022 09 14 Provide information that may be, but is not required to be, included in the Court’s order of disposition for the suspension or termination of parental rights [7 O.C. 708.40-4(c)];  Clarify that an adoption under this law shall take the form of customary adoption when the Court has granted a petition to suspend parental rights, and take the form of a closed adoption when the Court has granted a petition to terminate parental rights [7 O.C. 708.41-1];  Allow the Department to contract with a third-party agency to conduct an adoption investigation that may have been ordered by the Court[7 O.C. 708.43-3(b)]; and  Make other minor drafting revisions throughout the Children’s Code. The purpose of this law is to provide for the welfare, care, and protection of Oneida children through the preservation of the family unit, while recognizing that in some circumstances it may be in the child’s best interest to not be reunited with his or her family. Furthermore, this law strengthens family life by assisting parents in fulfilling their responsibilities as well as facilitating the return of Oneida children to the jurisdiction of the Nation and acknowledging the customs and traditions of the Nation when raising an Oneida child. [7 O.C. 708.1-1]. Indian Child Welfare Department (“the Department”), Oneida Family Court (“the Court”), Oneida Law Office Oneida Judiciary Rules of Civil Procedure, Oneida Judiciary Rules of Evidence, Family Court law, Paternity law, Child Support law A public meeting was held in accordance with the Legislative Procedures Act on June 15, 2022, with a public comment period held open until June 22, 2022. A fiscal impact statement was provided by the Finance Department on August 12, 2022.  Purpose Affected Entities Related Legislation Public Meeting Fiscal Impact 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The Children’s Code was adopted by the Oneida Business Committee on July 26, 2017, through the adoption of resolution BC-07-26-17-J for the purpose of providing for the welfare, care, and protection of Oneida children through the preservation of the family unit, while recognizing that in some circumstances it may be in the child’s best interest to not be reunited with his or her family. Furthermore, the Children’s Code strengthens family life by assisting parents in fulfilling their responsibilities as well as facilitating the return of Oneida children to the jurisdiction of the Nation and acknowledging the customs and traditions of the Nation when raising an Oneida child. [7 O.C. 708.11]. It is the policy of the Nation to ensure there is a standard process for conducting judicial proceedings and other procedures in which children and all other interested parties are provided fair hearings in addition to ensuring their legal rights are recognized and enforced, while protecting the public safety. [7 O.C. 708.1-2]. B. Request for Amendments. On August 25, 2020, the Oneida Law Office and Indian Child Welfare Department requested that emergency amendments be made to the Children’s Code to address customary adoption. The departments were seeking amendments to the Children’s Code regarding customary adoption be changed to allow for a suspension of rights rather than a termination of rights to allow for the adopting family to be eligible for Adoption Assistance with the State. On August 28, 2020, the LOC considered this request and determined that it did not meet the standard for emergency Page 2 of 17 Public Packet 19 20 21 22 41 of 339 Analysis to Draft 3 for OBC Consideration 2022 09 14 amendments provided by the Legislative Procedures Act, but that the LOC would add this item to the AFL for amendments to be made via the normal legislative process. The Legislative Operating Committee added the Children’s Code amendments to its Active Files List on October 7, 2020. C. The Legislative Operating Committee is now seeking amendments to the Children’s Code. 23 24 25 26 27 28 29 30 31 32 33 34 35 SECTION 3. CONSULTATION AND OUTREACH A. Representatives from the following departments or entities participated in the development of the amendments to the Children’s Code and this legislative analysis:  Oneida Law Office;  Indian Child Welfare Department; and  Oneida Family Court. B. The following laws were reviewed in the drafting of this analysis:  Oneida Judiciary Rules of Civil Procedure;  Family Court Law;  Paternity law;  Child Support law; and  Child Custody, Placement, and Visitation law. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 SECTION 4. PROCESS A. The development of the proposed amendments to the Children’s Code complies with the process set forth in the Legislative Procedures Act (LPA).  On October 7, 2020, the Legislative Operating Committee added the Law to its Active Files List.  On April 20, 2022, the Legislative Operating Committee approved the draft of the proposed amendments to the Children’s Code and directed that a legislative analysis be developed.  On May 4, 2022, the Legislative Operating Committee approved the updated draft and the legislative analysis for Children’s Code amendments.  On May 18, 2022, the Legislative Operating Committee approved the public meeting packet and forwarded the Children’s Code amendments to a public meeting to be held on June 15, 2022.  The public meeting was held on June 15, 2022, in person in the Business Committee Conference Room in the Norbert Hill Center as well as on Microsoft Teams. No individuals provided public comment during the public meeting.  The public comment period was then held open until June 22, 2022. One (1) submission of written comments was received during the public comment period.  On July 6, 2022, the Legislative Operating Committee accepted the public comments and the public comment review memorandum and deferred these items to a work meeting for further consideration.  On July 14, 2022, the Legislative Operating Committee reviewed and considered the public comment that was received.  On July 20, 2022, the Legislative Operating Committee approved the updated public comment review memorandum, draft, and legislative analysis; approved the updated public comment review memorandum, draft, and legislative analysis, and directed the Indian Child Welfare Page 3 of 17 Public Packet 42 of 339 Analysis to Draft 3 for OBC Consideration 2022 09 14 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 Department to pursue amendments to their MOU with the Trust Enrollments Department; and approved the fiscal impact statement request memorandum and forwarded these items to the Finance Department directing that a fiscal impact statement be prepared and submitted to the LOC by August 17, 2022.  On August 12, 2022, the Finance Department provided the Legislative Operating Committee with a fiscal impact statement for the proposed amendments to the Children’s Code. B. At the time this legislative analysis was developed the following work meetings had been held regarding the development of this Law:  October 13, 2020: LOC work session with the Indian Child Welfare Department and Oneida Law Office.  April 12, 2021: LOC work session with the Oneida Family Court.  April 12, 2021: LOC work session with the Indian Child Welfare Department and Oneida Law Office.  April 26, 2021: LOC work session with the Oneida Family Court.  June 4, 2021: Work session with the Indian Child Welfare Department and the Oneida Law Office.  February 16, 2022: LOC work session with Oneida Law Office.  April 12, 2022: LOC work session with the Indian Child Welfare Department, Oneida Law Office, and the Oneida Family Court.  May 12, 2022: LOC work session.  July 14, 2022: LOC work session.  July 28, 2022: LOC work session with the Indian Child Welfare Department, Oneida Law Office, and the Oneida Family Court. 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 SECTION 5. CONTENTS OF THE LEGISLATION A. Hierarchy of Child Welfare Court Orders. A new provision added to the Children’s Code through these amendments provides that any orders made by the Court under this law, or any orders made by a court of competent jurisdiction regarding child welfare matters, shall supersede any other order made by this Court or a court of competent jurisdiction regarding custody or placement of a child until the Children’s Code or other child welfare orders are dismissed. [7 O.C. 708.5-6].  Effect. The overall purpose of this provision is to provide clarification that any orders made by the Court under this law, or any orders made by a court of competent jurisdiction regarding child welfare matters, shall supersede any other order made by this Court or a court of competent jurisdiction regarding custody or placement of a child until the Children’s Code or other child welfare orders are dismissed. This clarification was added to prevent an individual from seeking a custody or placement order for a child in this Court or a court of competent jurisdiction in an attempt to trump a child welfare order. B. Protective Plans. The Children’s Code provides the various duties and responsibilities of the Indian Child Welfare Worker. [7 O.C. 708.7-1]. The Children’s Code provides that an Indian Child Welfare worker may enter into informal dispositions with families. [7 O.C. 708.7-1(f)]. The proposed amendments to the Children’s Code revise the responsibilities and duties of the Indian Child Welfare work to include that they also may enter into a protective plan with a family. Id. Definitions for both informal dispositions and protective plans were then added to the Children’s Code. Informal disposition is defined in the Children’s Code as a written agreement with all the parties describing the conditions Page 4 of 17 Public Packet 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 43 of 339 Analysis to Draft 3 for OBC Consideration 2022 09 14 and obligations that must be met to ensure the child is protected and to alleviate the condition that led to the referral to the Department. [7 O.C. 708.3-1(bb)]. An informal disposition is utilized by the Department when the Department determines that the interest of the child does not require a formal Court intervention to provide protection and services to the child. Id. Protective plan is defined as an immediate short-term action that protects a child from present danger threats in order to allow for completion of the initial assessment, investigation and, if needed, the implementation of a safety plan. [7 O.C. 708.3-1(nn)].  Effect. The proposed amendments to the Children’s Code provide greater clarification as to the duties and responsibilities of the Indian Child Welfare workers. C. General Notice Provisions. The proposed amendments to the Children’s Code update the general notice provisions in the Children’s Code. The proposed amendments to the Children’s Code provide that service of documents and notices shall be as specified in this law, and if a method of service is not specified in this law then service shall be by first-class mail to the recently verified last-known address of the party. [7 O.C. 708.12-1]. If a party’s whereabouts are unknown and cannot be found after diligent effort, service shall be by publication as described in the Oneida Judiciary Rules of Civil Procedure. Id. The proposed amendments provide that the Court shall provide the parties with notice of all hearings at least seven (7) days prior to the hearing, with the purpose of providing the parties an opportunity to be heard, except in situations where a hearing is scheduled and it is not possible to provide notice at least seven (7) days prior to the hearing, the Court shall make an appropriate effort to notice all parties of the hearing. [7 O.C. 708.12-2]. Additionally, the proposed amendments provide that when the Department is required to perform personal service, the Indian Child Welfare Worker may deliver the document(s) directly to the party(s) if such service is appropriate and safe under the circumstances, and in the alternative, personal service may be accomplished according to the Oneida Judiciary Rules of Civil Procedure. The proposed amendments also include a new provision which provides that in all proceedings under this law, the Department may withhold the placement provider’s identifying information from the child’s parent, guardian, or legal custodian if there are reasonable grounds to believe that disclosure would result in imminent danger to the child or anyone else, but that a parent, guardian, or legal custodian may request judicial review of the decision to withhold the identifying information. [7 O.C. 708.12-4]. Previously the Children’s Code provided general provisions on the notice of petitions, and provided that petitions alleging that a child is in need of protection or services may be given to the parties directly by the Nation’s Child Welfare attorney or the Indian Child Welfare Worker or served on the parties pursuant to the Oneida Judiciary Rules of Civil Procedure. While petitions for termination of parental rights, guardianship, and adoption shall be served on all other parties pursuant to the Oneida Judiciary Rules of Civil Procedure. The Children’s previously provided that all parties shall be notified of all subsequent hearings under this law by first-class mail to the recently verified last-known address of the party.  Effect. Updates were made to the general notice provisions in the Children’s Code to provide greater clarification on how notice is provided to the parties involved in child welfare matters. The prior simple reference to following the Oneida Judiciary Rules of Civil Procedure did not provide the Indian Child Welfare Department and the Oneida Law Office the guidance they needed in how notice should occur, because the Oneida Judiciary Rules of Civil Procedures did not address the notice of particular documents or processes contained in the Children’s Code. The new provisions provide the necessary clarification to guide notice practices under the Children’s Code. Page 5 of 17 Public Packet 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 44 of 339 Analysis to Draft 3 for OBC Consideration 2022 09 14 D. Notice Provisions Throughout the Law. In addition to the general notice provisions that have been amended in section 708.12, notice provisions have been clarified and updated throughout the Children’s Code including:  Section 708.16-3. The proposed amendments to the Children’s Code remove a provision which states that prior to the start of a hearing for emergency custody, the Court shall provide a copy of the petition to the parent, guardian, and legal custodian, if present, and to the child if he or she is twelve (12) years of age or older. Instead, the proposed amendments now provide that for any parties not present at the hearing, the Department shall serve the petition on those parties by verified mail, return receipt requested.  Section 708.17-1. The proposed amendments to the Children’s Code provide that upon filing with the Court, the Department shall provide a copy of the petition for a child in need of protection or services to the parties by personal service or, if personal service is not possible, by certified mail with return receipt requested.  Section 708.17-5. The proposed amendments to the Children’s Code provide that upon filing with the Court, the Department shall provide a copy of the amended petition to the parties by certified mail with return receipt requested. Previously, this section of the Children’s Code provided that an amended petition may be given to the parties directly by the Nation’s Child Welfare attorney or the Indian Child Welfare Worker or served on the parties pursuant to the Oneida Judiciary Rules of Civil Procedure.  Section 708.21-1. The Children’s Code provides that before the dispositional hearing, the Department shall submit a written report to the Court, with a copy provided to the parties at least seven (7) days prior to the hearing. The proposed amendments to the Children’s Code clarify that the copy of the written report shall be provided to the parties by first-class mail.  Section 708.23-3. The proposed amendments to the Children’s Code provide that at least seven (7) days before the date of the permanency plan hearing, the Department shall file the updated permanency plan with the Court and provide a copy to the parties by first-class mail. Previously, this section of the Children’s Code required that at least five (5) business days before the date of the hearing the Department shall provide a copy of the updated permanency plan to the Court and the parties.  Section 708.24-4. The proposed amendments to the Children’s Code provide that upon filing with the Court, the Department shall provide a copy of the request for a change in placement to the parties by first-class mail. Previously, this section of the Children’s Code provided that written notice of the proposed change in placement shall be sent to all of the parties pursuant to the Oneida Judiciary Rules of Civil Procedure.  Section 708.24-6. The proposed amendments to the Children’s Code provide that the Department shall notify the parties of the emergency change in placement by personal service as soon as possible but no later than seventy-two (72) hours after the emergency change in placement excluding Saturdays, Sundays, and holidays. Previously, this section of the Children’s Code provided that notice of the emergency change in placement shall be sent to the parties as soon as possible but no later than seventy-two (72) hours after the emergency change in placement excluding Saturdays, Sundays, and holidays.  Section 708.25-4. The proposed amendments to the Children’s Code provide that upon filing a request for trial reunification with the Court and at least seven (7) days before the Page 6 of 17 Public Packet 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 45 of 339 Analysis to Draft 3 for OBC Consideration 2022 09 14         date of reunification, the Department shall provide the parent, guardian, legal custodian, and any other party written notice of the proposed reunification by first-class mail. Previously, this section of the Children’s Code provided that Department or Nation’s Child Welfare attorney shall provide the parent, guardian, legal custodian, and any other party written notice pursuant to the Oneida Judiciary Rules of Civil Procedure. Section 708.24-7. The proposed amendments to the Children’s Code provide that no later than seven (7) days prior to the expiration of the trial reunification, the Department shall submit the request for an extension of the trial reunification to the Court and shall cause notice of the request to be provided to all parties by first-class mail. Previously, this section of the Children’s Code provided that no later than ten (10) days prior to the expiration of the trial reunification, the Department shall submit the request to the Court and shall cause notice of the request to be provided to all parties. Section 708.25-8. The proposed amendments to the Children’s Code clarify that the Department is required to provide written notice of the end of a trial reunification period to the parties by first-class mail. Section 708.25-9(a)(1). The proposed amendments to the Children’s Code clarify that the Department’s request for revocation of the trial reunification is required to be provided by first-class mail. Section 708.26-2. The proposed amendments to the Children’s Code clarify that the Department’s request for a revision of the dispositional order is required to be provided to the parties by first-class mail. Previously, this section of the Children’s Code provided that notice be provided to the parties pursuant to the Oneida Judiciary Rules of Civil Procedure. Section 708.27-1. The proposed amendments to the Children’s Code clarify that the Department’s request for an extension of the dispositional order is required to be provided to the parties by first-class mail. Previously, this section of the Children’s Code provided that notice be provided to the parties pursuant to the Oneida Judiciary Rules of Civil Procedure. Section 708.29.4. The proposed amendments to the Children’s Code provide that upon filing with the Court and at least seven (7) days prior to the plea hearing, the party that filed the guardianship petition shall provide a copy of the petition to the other parties by personal service or, if personal service is not possible, by certified mail with return receipt requested. Section 708.29-8(a). The proposed amendments to the Children’s Code provide that upon filing with the Court and at least seven (7) days prior to the fact-finding hearing, the Department shall provide the parent, guardian, legal custodian, proposed guardian, and any other parties a written copy of the report by first-class mail. Previously, this section of the Children’s Code provided that the Department shall file its report with the Court prior to the fact-finding hearing and shall provide the parties with a copy of the report at least three (3) business days prior to the hearing. Section 708.30-2. The proposed amendments to the Children’s Code provide that the motion for a revision of guardianship shall be filed with the Court and, upon filing, a written copy shall be provided to all parties by first-class mail. Previously, the notice of revision was required to be filed with the Court with notice provided to the parties pursuant to the Oneida Judiciary Rules of Civil Procedure. Additionally, the proposed amendments to subsection (a) of 708.30-2 provide that upon filing with the Court and at least seven (7) Page 7 of 17 Public Packet 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 46 of 339 Analysis to Draft 3 for OBC Consideration 2022 09 14 days prior to the revision hearing, the Department shall provide the parties with a written copy of their report by first-class mail. Previously, subsection (a) provided that the department shall file its report with the Court prior to the hearing on the revision of guardianship and shall provide the parties with a copy of the report at least three (3) business days prior to the hearing.  Section 708.31-2(a). The proposed amendments to the Children’s Code provide that upon filing with the Court and at least seven (7) days prior to the termination hearing, the Department shall provide the parties with a written copy of the report for the termination of a guardianship by first class mail. Previously, the Children’s Code provided that the Department shall file its report with the Court prior to the hearing on the termination of guardianship and shall provide the parties with a copy of the report at least three (3) business days prior to the hearing.  Section 708.35-5. The proposed amendments to the Children’s Code provide that upon filing with the Court and at least seven (7) days prior to the initial hearing, the petitioner shall serve the summons and petition upon the following persons by personal service or, if personal service is not possible, by certified mail, return receipt requested: The parent(s) of the child, including an alleged father if paternity has not been established; and The child’s foster parent, guardian or legal custodian, if applicable. Previously, the Children’s Code provided that the petitioner shall ensure the summons and petition are served upon the following persons pursuant to the Oneida Judiciary Rules of Civil Procedure: The parent(s) of the child, including an alleged father if paternity has not been established; The child’s foster parent, guardian or legal custodian, if applicable; and The Nation’s Child Welfare attorney and the Department, if the petition is filed by anyone other than the Nation’s Child Welfare attorney or the Department.  Section 708.43-4. The proposed amendments to the Children’s Code provide that the Department or other agency or department making the adoption investigation shall file its report with the Court prior to the hearing on the petition and shall provide a copy of the report to the parties by first-class mail at least seven (7) days prior to the hearing. Previously, this section of the Law provided that the Department or other agency or department making the investigation shall file its report with the Court prior to the hearing on the petition and shall provide the parties with a copy of the report at least three (3) business days prior to the hearing.  Section 708.43-9. The proposed amendments to the Children’s Code provide that within five (5) days after entry of the order granting a closed adoption, the Department shall mail a copy of the order to the State of Wisconsin Bureau of Vital Statistics and furnish any additional data needed for the issuance of a new birth certificate. Previously this section provided that after entry of the order granting the adoption, the Department shall promptly mail a copy of the order to the State of Wisconsin Bureau of Vital Statistics and furnish any additional data needed for the issuance of a new birth certificate.  Effect. Revisions to specific notice requirements throughout the Children’s Code were made to provide greater clarification on how notice shall occur. E. Referral of a Paternity Action to the Oneida Nation Child Support Agency. The proposed amendments to the Children’s Code addresses referrals for paternity actions. The proposed amendments provides that if an alleged father appears at a hearing under this law, the Court may order the Page 8 of 17 Public Packet 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 47 of 339 Analysis to Draft 3 for OBC Consideration 2022 09 14 Department to refer the matter to the Oneida Nation Child Support Agency to adjudicate paternity. [7 O.C. 708.13-3]. There is a new provision added to the that that provides that if the Court enters such an order, then the Department may sign documents required by the Oneida Nation Child Support Agency on behalf of the family for the limited purpose of initiating a paternity action. Id. While paternity is being established, the Court shall enter an order finding good cause to suspend the time limits established under this law. Id. Previously, the Children’s Code provided that if an alleged father appears at a hearing under this law, the Court may refer the matter to the Oneida Nation Child Support Agency to adjudicate paternity.  Effect. The proposed amendments to the Children’s Code provide greater clarification on how a referral to the Oneida Nation Child Support Agency occurs – that the Court may order the Department to refer the matter to the Oneida Nation Child Support Agency – so it is not the Court itself that refers the matter to the Oneida Nation Child Support Agency. Authority was given to the Department to sign documents required by the Oneida Nation Child Support Agency on behalf of the family for the limited purpose of initiating a paternity action, so that a situation could be avoided where a paternity action is unable to be initiated because the mother of the child is unable to or not around to sign the necessary documents. F. Access of Records for a Guardian Ad Litem. The proposed amendments add a new provision to the Children’s Code which provides that the Department shall make available for inspection or disclosure the contents of any record kept, regardless of the originating source, to a guardian ad litem appointed in a Children’s Code or family law case when that access is granted by order of the Court. [7 O.C. 708.14-2].  Effect. When the Court appoints a GAL, whether that be in a case under the Children’s Code or the Child Custody, Placement, and Visitation law, the Court’s order contains the following statement: The guardian ad litem shall be provided access to all records in possession of juvenile intake; the tribal, county or state department of social services; child welfare agencies; schools; or law enforcement agencies pertaining to the above captioned case, regardless of the originating source, including but not limited to, medical, mental health, psychological, counseling, drug or alcohol records from a non-federally assisted program as defined in 42 CFR Part 2, financial, educational, employment, probation, and law enforcement records. The inclusion of this statement in the Court order intends to avoid unnecessary delay in seeking other consent authorization for access to records, especially when the GAL has to meet expedited timelines included under the Children’s Code. Requiring a GAL to seek a signed authorization form from the parent in order to access information from the Indian Child Welfare Department or other department of the Nation should not be necessary when the order made by the Court already addresses the release of information to the GAL. This amendment clarifies this issue and intends to avoid unnecessary delay in the future. G. Withholding the Release of Information. The proposed amendments add a new provision to the Children’s Code which provides that the Department may make an ex parte request to the Court to conduct an in-camera review to determine what information should and should not be released to the parties and their counsel. [7 O.C. 708.14-7]. In making that determination, the Court is required to balance what is necessary to a fair determination of the child welfare legal matter, including access to records, against the interest in protecting the child from the risk of harm. Id. After the Court conducts the in-camera review, the decision regarding the release of records shall be provided to the parties in writing. Id. Page 9 of 17 Public Packet 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 48 of 339 Analysis to Draft 3 for OBC Consideration 2022 09 14 Effect. The Children’s Code provides that upon written request, the parties and their counsel shall have the right to inspect, copy or photograph social, psychiatric, psychological, medical, and school reports, and records concerning the child including reports of preliminary inquiries, predisposition studies and supervision records relating to the child which are in the possession of the Nation’s Child Welfare attorney or the Department that pertain to any case under this law. [7 O.C. 708.141]. The Indian Child Welfare Department expressed concerns that the Department may have certain records which if released could cause harm to the child. This provision was added to give the Department a method to seek intervention by the Court to determine if certain records can be withheld in the interest in protecting the child. H. Holding a Child in Custody. The Children’s Code provides a list of options for where a child may be held in custody as long as the place is in the best interest of the child and all people residing or regularly visiting the premises have cleared a background check. [7 O.C. 708.15-6]. The proposed amendments to the Children’s Code add a new option to the list of where a child may be held in custody at, which is a hospital or other medical or mental health facility. [7 O.C. 708.15-6].  Effect. The option to hold a child in custody in a hospital or other medical or mental health facility was added to address child welfare cases where the child may need to be hospitalized or held in a medical facility. This provides greater flexibility in determining where a child should be held in custody that best meets the needs and interests of the child. I. Order for Holding a Child in Custody at an Emergency Custody Hearing. The Children’s Code provides that all orders to hold a child in custody at an emergency custody hearing shall be in writing and provides what information is required to be included in the order. [7 O.C. 7008.16-6(a)]. The proposed amendments to the Children’s Code will now include the addition of information that may be, but not required to be, included in the order to hold a child in custody. [7 O.C. 7008.16-6(b)]. Now an order to hold a child in custody may include a transfer of the legal custody of the child, including decisions about health care and education.  Effect. Allowing an order to hold a child in custody at an emergency custody hearing to include a transfer of the legal custody of the child, including decisions about health care and education, allow for legal custody to be transferred to the Department or the other parent, if necessary, especially if medical decisions need to be made on behalf of the child. J. Request for Out of Home Placement of the Child at the Plea Hearing. The proposed amendments to the Children’s Code provide that at the plea hearing the Department may request placement of the child outside of the child’s home in accordance with the placement preferences in section 708.11-1, if notice of the Department’s intent to seek out of home placement of the child was provided to the parties prior to the hearing in substantial compliance with section 708.15-9. [7 O.C. 708.19-5]. The Children’s Code will not require that in the request for placement of the child outside of the child’s home the Department shall present as evidence specific information as outlined in 708.16-6(a)(1)-(5). Id. If the Court orders the out of home placement of the child, the order shall be in writing and shall contain the information required by section 708.16-6(a)(1)-(5). [7 O.C. 708.19-6]. Previously, the Children’s Code did not allow for the Department to request the out of home placement of a child at the plea hearing.  Effect. The proposed amendments to the Children’s Code will allow for the Department to request the placement of a child outside of the child’s home at the plea hearing. Currently, it has been interpreted that a request for the placement of the child outside of the child’s home can only occur at an emergency custody hearing or at the dispositional hearing for a child in need of protection or services. The Department requested this amendment so that the Department would have the ability  Page 10 of 17 Public Packet 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 49 of 339 Analysis to Draft 3 for OBC Consideration 2022 09 14 to avoid taking a child into emergency custody when the parents are already in agreement with a protective plan and the child is already staying out of home under the protective plan. This allows the Department to avoid unnecessary litigation and pressure to the family if the emergency custody hearing can be skipped, and the department can file a petition for a child in need of protection or services and request the ordered out of home placement at the time of the plea hearing. A protective plan is a safety tool the Department can implement during the Initial Assessment stage of a case. Initial Assessment lasts sixty (60) days and during that time the Indian Child Welfare Department workers gather information, and a determination is made whether a petition for a child in need of protection or services needs to be filed. Parents have to agree to a protective plan and the plan can only last for sixty (60) days. There isn’t a formal order placing the child out of home within a protective plan because a protective plan is temporary and agreed to by the parents. When the sixty (60) days for the initial assessment ends, if it is clear that a petition for a child in need of protection or services needs to be filed, then the Department would like the ability to skip a contentious emergency custody hearing and simply file a petition and ask for an order for out of home placement at the first hearing, which is the plea hearing. An emergency custody hearing is also not the best option in these situations because an “emergency” does not necessarily exist because the child is safe under the protective plan and staying out of the home. K. Withholding Identifying Information in the Dispositional Report. The proposed amendments to the Children’s Code eliminated section 708.21-3 of the Code which provided that the Department may request the Court to withhold identifying information from the child's parent, guardian, or legal custodian if there are reasonable grounds to believe that disclosure would result in imminent danger to the child or anyone else.  Effect. Section 708.21-3 of the Children’s Code- which provided that the Department may request the Court to withhold identifying information in the dispositional report from the child's parent, guardian or legal custodian if there are reasonable grounds to believe that disclosure would result in imminent danger to the child or anyone else - was eliminated from the Children’s Code because it was duplicative of section 708.12-4 – a new, more general, addition to the Code – which provides that in all proceedings under this law, the Department may withhold the placement provider’s identifying information from the child’s parent, guardian, or legal custodian if there are reasonable grounds to believe that disclosure would result in imminent danger to the child or anyone else. Section 708.12-4 then allows a parent, guardian, or legal custodian may request judicial review of the decision to withhold the identifying information. L. Copy of the Dispositional Order to the Child. The proposed amendments to the Children’s Code remove the requirement to provide a copy of the dispositional order to the child is the child is age twelve (12) or older.  Effect. After much discussion between the Indian Child Welfare Department, Oneida Law Office, and Oneida Family Court it was determined that it may not be appropriate to provide a child age twelve (12) or older a copy of the dispositional order due to the nature of the information that may be included in the dispositional order and therefore this provision of the Children’s Code should be removed. M. Capacity of the Child to Express their Wishes. The Children’s Code provides that in making a decision about the appropriate disposition, the Court shall consider any report submitted by the Department and shall consider, but not be limited to, whether the person would be a suitable guardian of the child, the willingness and ability of the person to serve as the child's guardian for an extended period of time or Page 11 of 17 Public Packet 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 50 of 339 Analysis to Draft 3 for OBC Consideration 2022 09 14 until the child reaches the age of eighteen (18) years, and the wishes of the child. The proposed amendments to the Children’s Code clarify that the wishes of the child should only be considered when the child has the capacity to express their wishes. This same revision occurs in section 708.39-3 of the Children’s Code.  Effect. The proposed amendments provide clarification that the wishes of the child should be taken into consideration by the Court when the child has the capacity to express their wishes. N. Suspension of Parental Rights. The proposed amendments to the Children’s Code now allow for the suspension of parental rights in addition to the termination of parental rights. The suspension of parental rights is the permanent suspension of the rights of biological parents to provide for the care, custody, and control of their child. [7 O.C. 708.32-3]. It is the philosophy of the Nation that children deserve a sense of permanency and belonging throughout their lives and at the same time they deserve to have knowledge about their unique cultural heritage including their tribal customs, history, language, religion, and values. [7 O.C. 708.32-1]. Much like the termination of parental rights, the suspension of parental rights should only be used as a last resort when all efforts have failed to avoid suspension or termination and it is in the best interests of the child concerned to proceed with the suspension or termination of parental rights. [7 O.C. 708.32-2]. The suspension of parental rights can occur on a voluntary or involuntary basis. [7 O.C. 708.32-5]. An order suspending or terminating parental rights permanently severs all legal rights and duties between the parent whose parental rights are suspended or terminated and the child. [7 O.C. 708.32-6]. The suspension or termination of parental rights shall not adversely affect the child’s rights and privileges as a member of the Nation, nor as a member of any tribe to which the child is entitled to membership, nor shall it affect the child’s enrollment status with the Nation, nor shall it interfere with the child’s cultural level and traditional and spiritual growth as a member of the Nation. [7 O.C. 708.32-6]. The suspension of parental rights is handled the same way as the termination of parental rights in regard to the process for the voluntary suspension or termination [7 O.C. 708.33], grounds for involuntary suspension or termination [7 O.C. 708.34], the petition for the suspension or termination [7 O.C. 708.35], the initial hearing on the suspension or termination [7 O.C. 708.36], the fact-finding hearing for the suspension or termination [7 O.C. 708.37], the Department’s suspension or termination of parental rights report [7 O.C. 708.38], standards and factors to be utilized by the Court when making a decision [7 O.C. 708.39], and the dispositional hearing for the suspension or termination of parental rights [7 O.C. 708.40].  Effect. The proposed amendments to the Children’s Code add in provision regarding the suspension of parental rights, in addition to the termination of parental rights that was already included in the Children’s Code. This provides one more option for finding the best solution to a child welfare matter to best meet the needs of the child. O. Continuing Need of Protection or Services as a Ground for Involuntary Suspension or Termination of Parental Rights. The Children’s Code provides various grounds for suspension or termination of parental rights. [7 O.C. 708.34-1]. Specifically, the Children’s Code provides what needs to be proved to demonstrate that the child is in continuing need of protection or services – which is a ground for the suspension or termination of parental rights. [7 O.C. 708.34-1(c)]. The proposed amendments to the Children’s Code provides that it must be provided that the child has been outside the home for a cumulative total period of six (6) months or longer pursuant to such orders; and that the parent has failed to meet the conditions established for the safe return of the child to the home and, if the child has been placed outside the home for less than fifteen (15) of the most recent twenty-two (22) months, that there is a substantial likelihood that the parent will not meet these conditions as of the date on which Page 12 of 17 Public Packet 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 51 of 339 Analysis to Draft 3 for OBC Consideration 2022 09 14 the child will have been placed outside the home for fifteen (15) of the most recent twenty-two (22) months, not including any period during which the child was a runaway from the out-of-home placement or was residing in a trial reunification home. [7 O.C. 708.34-1(c)(3)]. Previously the Children’s required that it be proved that the child has been outside the home for a cumulative total period of six (6) months or longer pursuant to such orders; and that the parent has failed to meet the conditions established for the safe return of the child to the home and there is a substantial likelihood that the parent will not meet these conditions within the nine (9) month period following the termination of parental rights fact-finding hearing.  Effect. This proposed revision to the Children’s Code was made to be consistent with recent revisions to Wis. Stat. §48.415(2). Although the Nation is under no obligation to amend its laws to be consistent with laws of the State, concern was expressed that it may be beneficial to ensure the Nation’s grounds for suspension or termination of parental rights are consistent with the State’s grounds so that if a case transfers after being filed in State court, we are not in a position where we have to dismiss the petition if the grounds pled in State court are different from the grounds found in the Children’s Code, causing the Department to have to refile, assuming they have a factual basis to do so. P. Order of Disposition for the Suspension or Termination of Parental Rights. The Children’s Code provides that if the disposition of the Court is for the suspension or termination of parental rights, the order shall be in writing, and the Children’s Code then provides the information that is required to be included in that order.[7 O.C. 708.40-4(b)]. The proposed amendments to the Children’s Code now provide what the order for the disposition for the suspension or termination of parental rights may, but is not required, to include. [7 O.C. 708.40-4(c)]. If the disposition is for the suspension or termination of parental rights, the order may contain a termination of the right of the parent to have contact with the minor child including contact in person, by mail, by telephone, or through third parties; an order restraining a parent from contacting the minor child, the child’s foster parent, the child’s adoptive parent and/or the social services agency or agencies possessing information regarding the child; an order that the biological parents’ obligation to pay child support, except for arrearages, is hereby terminated; and an order that any prior court order for custody, visitation, or contact, with the minor child is hereby terminated. [7 O.C. 708.40-4(c)(1)-(4)]. The proposed amendments now also require that the Court provide a copy of the order suspending or terminating parental rights to the child's parent, guardian, and legal custodian; the other parties to the action; and the current or future foster parents for the purpose of pursuing adoption.  Effect. The purpose of this proposed amendment to the Children’s Code is to provide greater clarification as to what information may be included in the Court’s order for the disposition for the suspension or termination of parental rights but is not required to be included. Additionally, requiring that the Court provide a copy of the order suspending or terminating parental rights to the child's parent, guardian, and legal custodian; the other parties to the action; and the current or future foster parents for the purpose of pursuing adoption ensures that foster parents or relative placement providers – particularly those no licensed by Nation – have as method to obtain a copy of the suspension or termination of parental rights order order that they will need to attach to the petition for adoption, since they may not have access to the Department’s records otherwise. Q. Form of Adoption. The proposed amendments to the Children’s Code provide clarification on adoption now that suspension of parental rights is available. The amendments provide that an adoption under this law shall take the form of customary adoption when the Court has granted a petition to suspend Page 13 of 17 Public Packet 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 52 of 339 Analysis to Draft 3 for OBC Consideration 2022 09 14 parental rights. [7 O.C. 708.41-1]. When the Court grants a petition to terminate parental rights, the adoption shall be closed. Id. Previously, the Law provided that adoptions shall take the form of customary adoptions unless the Court determines there is good cause for the adoption to be closed.  Effect. Previously, the Children’s Code only provided for the termination of parental rights. Now that the suspension of parental rights is also allowed under the Children’s Code, this proposed amendment provides guidance on what form of adoption should be sought and utilized based on whether a suspension or termination of parental rights occur. The Department sought amendments to the Children’s Code so that customary adoptions would occur when a suspension of parental rights occurs, rather than a termination of parental rights. The Department sought this amendment because in order to qualify for Adoption Assistance with the State, for a customary adoption, it had to be a suspension of parental rights that occurred and not a termination of parental rights. The Department wanted to ensure that adopting families under the Children’s Code had access to support and financial assistance under the State. R. Adoption Investigations. The Children’s Code provides that when a petition for adoption is filed, the Court shall order an investigation to determine whether the child is a proper subject for adoption and whether the petitioner's home is suitable for the child. [7 O.C. 708.43-3]. The Court shall order one of the following to conduct the investigation: if the Department, or another agency or department, has guardianship of the child, the agency or department that has guardianship; or if no agency or department has guardianship of the child and a relative, including a stepparent, has filed the petition for adoption, the Department. [7 O.C. 708.43-3(a)(1)-(2)]. The proposed amendment to the Law clarifies that if the Court orders the Department to conduct the investigation, the Department may contract with a thirdparty agency to conduct the investigation. [7 O.C. 708.43-3(b)].  Effect. The proposed amendment to the Children’s Code allows the Department to contract with a third-party agency to conduct an adoption investigation that may have been ordered by the Court. This provides greater flexibility to the Department in balancing their resources and time when ordered to conduct an investigation. S. Other Revisions. Other minor drafting revisions are made throughout the Children’s Code 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 SECTION 6. EXISTING LEGISLATION A. Related Legislation. The following laws of the Nation are related to the Children’s Code:  Paternity Law. The purpose of the Paternity law is to establish paternity of Oneida children and other Indian children in order to protect the best interest of these children regarding such matters as enrollment, customs and traditions of the Tribe, survivorship and inheritance, health, support, and social security benefits. [7 O.C. 703.1-1]. It is the policy of this law to legally establish paternity in order to recognize and identify the father of Oneida children and other Indian children, when necessary. [7 O.C. 703.1-2].  The Children’s Code provides that if an alleged father appears at a hearing under this law, the Court may order the Department to refer the matter to the Oneida Nation Child Support Agency to adjudicate paternity. [7 O.C. 708.13-3]. If the Court enters such an order, then the Department may sign documents required by the Oneida Nation Child Support Agency on behalf of the family for the limited purpose of initiating a paternity action. Id. While paternity is being established, the Court shall enter an order finding good cause to suspend the time limits established under this law. Id. Page 14 of 17 Public Packet 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 58 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A7c70e07028086fab. Public record. Not legal advice.