Oneida Business Committee (2020)
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
October 7, 2020
9:00 a.m.
This Legislative Operating Committee meeting will be closed to the public due to the Public Health State
of Emergency. This is a preventative measure as a result of the COVID-19 pandemic. An audio recording
of the meeting will be made available on the Nation’s website.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. August 19, 2020 LOC Meeting Minutes (pg. 2)
2. August 28, 2020 LOC Officer Selection Minutes (pg. 8)
III.
Current Business
1. Petition: M. Debraska – Increase GTC Meeting Stipend (pg. 9)
IV.
New Submissions
1. Budget Management and Control Law Amendments (pg. 14)
2. Children’s Code Emergency Amendments (pg. 16)
3. Community Support Fund Law Amendments (pg. 41)
4. Child Support Law Amendments (pg. 44)
5. Layoff Policy Amendments (pg. 58)
6. Furlough Law Amendments (pg. 59)
V.
Additions
1. Misappropriation of Funds Law - HANDOUT (pg. 60)
VI.
Administrative Updates
1. 2017-2020 LOC Active Files List Outstanding Items Review (pg. 61)
2. E-Poll Results: Approval of Emergency Amendments to the Oneida Higher Education
Pandemic Relief Fund Law (pg. 63)
3. E-Poll Results: Approve Adding Extension of the GTC Meeting Stipend Payment Policy
Emergency Amendments to the Active Files List and Approve the Extension of the GTC
Meeting Stipend Payment Policy Emergency Amendments Adoption Packet (pg. 88)
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
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Oneida Nation
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Oneida Business Committee
Legislative Operating Committee
GDDDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
August 19, 2020
9:00 a.m.
Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens III, Daniel Guzman
King.
Others Present: Clorissa N. Santiago, Kristen Hooker, Aliskwet Ellis.
I.
Call to Order and Approval of the Agenda
David Jordan called the August 19, 2020, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Jennifer Webster to adopt the agenda: seconded by Kirby Metoxen. Motion
carried unanimously.
II.
Minutes to be Approved
III.
Current Business
1. Emergency Management and Homeland Security Law Emergency Amendments
Motion by Jennifer Webster to approve the Extension of the Emergency Management and
Homeland Security law Emergency Amendments packet and forward to the Oneida
Business Committee for consideration; seconded by Daniel Guzman King. Motion carried
unanimously.
2. Oneida Nation School Board Bylaws
Motion by Kirby Metoxen to accept the Oneida Nation School Board Bylaws and forward
the Bylaws to the Oneida Business Committee for consideration; seconded by Jennifer
Webster. Motion carried unanimously.
IV.
New Submissions
V.
Additions
VI.
Administrative Items
1. E-Poll Results: Materials for the Adoption of Emergency Amendments to the
Election Law Amendments
Motion by Jennifer Webster to enter into the record the results for the March 16, 2020, epoll titled “Materials for the Adoption of Emergency Amendments to the Election Law;”
seconded by Ernest Stevens III. Motion carried unanimously.
2. E-Poll Results: Materials for the Adoption of Emergency Amendments to ther'\.
Boards, Committees, and Commissions Law
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A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of August 19, 2020
Page 1 of 6
ONEIDA
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Motion by Jennifer Webster to enter into the record the results for the March 16, 2020, epoll titled “Materials for the Adoption of Emergency Amendments to the Boards,
Committees, and Commissions Law;” seconded by Daniel Guzman King. Motion carried
unanimously.
3. E-Poll Results: Materials for the Adoption of Emergency Amendments to the
Emergency Management and Homeland Security Law
Motion by Daniel Guzman King to enter into the record the results for the March 17, 2020,
e-poll titled “Materials for the Adoption of Emergency Amendments to the Emergency
Management and Homeland Security Law;” seconded by Kirby Metoxen. Motion carried
unanimously.
4. E-Poll Results: Approval of the Oneida Personnel Policies and Procedures
Emergency Adoption Packet
Motion by Jenny Webster to enter into the record the results for the March 25, 2020, e-poll
titled “Approval of the Oneida Personnel Policies and Procedures Emergency Adoption
Packet;” seconded by Daniel Guzman King. Motion carried unanimously.
5. E-Poll Results: Approval of the March 18, 2020 LOC Meeting Minutes
Motion by Kirby Metoxen to enter into the record the results for the March 26, 2020, epoll titled “Approval of the March 18, 2020 LOC Meeting Minutes;” seconded by Ernest
Stevens III. Motion carried unanimously.
6. E-Poll Results: Rescission of the March 25, 2020, LOC Approval of the Oneida
Personnel Policies and Procedures Emergency Adoption Packet
Motion by Ernest Stevens III to enter into the record the results for the March 27, 2020, epoll titled “Rescission of the March 25, 2020, LOC Approval of the Oneida Personnel
Policies and Procedures Emergency Adoption Packet;” seconded by Daniel Guzman King.
Motion carried unanimously.
7. E-Poll Results: Approval of Vehicle Driver Certification and Fleet Management
Law Amendments Adoption Packet
Motion by Jennifer Webster to enter into the record the results for the March 27, 2020, epoll titled “Approval of Vehicle Driver Certification and Fleet Management Law
Amendments Adoption Packet;” seconded by Ernest Stevens III. Motion carried
unanimously.
8. E-Poll Results: Approval of the Tobacco Law Amendments Public Comment
Period
Motion by Jennifer Webster to enter into the record the results for the March 31, 2020, epoll titled “Approval of the Tobacco Law Amendments Public Comment Period;”
seconded by Ernest Stevens III. Motion carried unanimously.
9. E-Poll Results: Approval of Children’s Burial Fund Policy Amendments
Adoption Packet
Motion by Kirby Metoxen to enter into the record the results for the April 3, 2020, e-poll
titled “Approval of Children’s Burial Fund Policy Amendments Adoption Packet;”
seconded by Jennifer Webster. Motion carried unanimously.
10. E-Poll Results: Approval of the Children's Code Six Month Review Memorandum
Legislative Operating Committee Meeting Minutes of August 19, 2020
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Motion by Jennifer Webster to enter into the record the results for the April 13, 2020, epoll titled “Approval of the Children's Code Six Month Review Memorandum;” seconded
by Ernest Stevens III. Motion carried unanimously.
11. E-Poll Results: GTC Stipend Payment Policy
Motion by Ernest Stevens III to enter into the record the results for the April 2, 2020, epoll titled “GTC Stipend Payment Policy;” seconded by Kirby Metoxen. Motion carried
unanimously.
12. E-Poll Results: Add General Tribal Council Meeting Stipend Payment Policy
Emergency Amendments to the Active Files List
Motion by Jennifer Webster to enter into the record the results for the April 7, 2020, e-poll
titled “Add General Tribal Council Meeting Stipend Payment Policy Emergency
Amendments to the Active Files List;” seconded by Daniel Guzman King. Motion carried
unanimously.
13. E-Poll Results: Approval of the Curfew Law Amendments Materials and Fiscal
Impact Request Memorandum
Motion by Kirby Metoxen to enter into the record the results for the April 20, 2020, e-poll
titled “Approval of the Curfew Law Amendments Materials and Fiscal Impact Request
Memorandum;” seconded by Daniel Guzman King. Motion carried unanimously.
14. E-Poll Results: Approval of the Domestic Animals Law Amendments Materials
and Fiscal Impact Request Memorandum
Motion by Kirby Metoxen to enter into the record the results for the April 20, 2020, e-poll
titled “Approval of the Domestic Animals Law Amendments Materials and Fiscal Impact
Request Memorandum;” seconded by Daniel Guzman King. Motion carried unanimously.
15. E-Poll Results: Approval of the Oneida Food Service Code Amendments Adoption
Packet and the Oneida Food Service Law Fine, Penalty and Licensing Fee
Schedule Resolution
Motion by Jennifer Webster to enter into the record the results for the May 1, 2020, e-poll
titled “Approval of the Oneida Food Service Code Amendments Adoption Packet and the
Oneida Food Service Law Fine, Penalty and Licensing Fee Schedule Resolution;”
seconded by Daniel Guzman King. Motion carried unanimously.
16. E-Poll Results: Approval of the Curfew Law Amendments Adoption Packet
Motion by Kirby Metoxen to enter into the record the results for the May 4, 2020, e-poll
titled “Approval of the Curfew Law Amendments Adoption Packet;” seconded by Ernest
Stevens III. Motion carried unanimously.
17. E-Poll Results: Approval of the Domestic Animals Law Amendments Adoption
Packet and the Amended Domestic Animals Law Fine, Penalty, and Licensing Fee
Schedule Resolution
Motion by Jennifer Webster to enter into the record the results for the May 4, 2020, e-poll
titled “Approval of the Domestic Animals Law Amendments Adoption Packet and the
Amended Domestic Animals Law Fine, Penalty, and Licensing Fee Schedule Resolution;”
seconded by Daniel Guzman King. Motion carried unanimously.
18. E-Poll Results: Adoption of Election Law Emergency Amendments Adoption
Legislative Operating Committee Meeting Minutes of August 19, 2020
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Packet
Motion by Ernest Stevens III to enter into the record the results for the May 5, 2020, e-poll
titled “Adoption of Election Law Emergency Amendments Adoption Packet;” seconded
by Daniel Guzman King. Motion carried unanimously.
19. E-Poll Results: Approval of the Tobacco Law Amendments Materials and Fiscal
Impact Request Memorandum
Motion by Kirby Metoxen to enter into the record the results for the May 11, 2020, e-poll
titled “Approval of the Tobacco Law Amendments Materials and Fiscal Impact Request
Memorandum;” seconded by Jennifer Webster. Motion carried unanimously.
20. E-Poll Results: Approval of the Boards, Committees, and Commissions Law
Amendments Materials and Public Comment Period
Motion by Jennifer Webster to enter into the record the results for the May 12, 2020, e-poll
titled “Approval of the Boards, Committees, and Commissions Law Amendments
Materials and Public Comment Period;” seconded by Ernest Stevens. Motion carried
unanimously.
21. E-Poll Results: Approval of the LOC’s FY20 Second Quarter Report
Motion by Kirby Metoxen to enter into the record the results for the May 18, 2020, e-poll
titled “Approval of the LOC’s FY20 Second Quarter Report;” seconded by Jennifer
Webster. Motion carried unanimously.
22. E-Poll Results: Approval of the Tobacco Law Amendments Adoption Packet and
the Tobacco Law Penalty and Fine Resolution
Motion by Kirby Metoxen to enter into the record the results for the May 28, 2020, e-poll
titled “Approval of the Tobacco Law Amendments Adoption Packet and the Tobacco Law
Penalty and Fine Resolution;” seconded by Ernest Stevens III. Motion carried
unanimously.
23. E-Poll Results: Approval of the Boards, Committees, and Commissions Law
Amendments Updated Public Comment Period
Motion by Jennifer Webster to enter into the record the results for the June 5, 2020, e-poll
titled “Approval of the Boards, Committees, and Commissions Law Amendments Updated
Public Comment Period;” seconded by Ernest Stevens III. Motion carried unanimously.
24. E-Poll Results: Approval of the Industrial Hemp Law Public Comment Period
Notice Packet
Motion by Jennifer Webster to enter into the record the results for the June 10, 2020, e-poll
titled “Approval of the Industrial Hemp Law Public Comment Period Notice Packet;”
seconded by Daniel Guzman King. Motion carried unanimously.
25. E-Poll Results: Approval of the Oneida Election Board's Request for Emergency
Amendments to the Election Law
Motion by Jennifer Webster to enter into the record the results for the June 12, 2020, e-poll
titled “Approval of the Oneida Election Board's Request for Emergency Amendments to
the Election Law;” seconded by Daniel Guzman King. Motion carried unanimously.
26. E-Poll Results: Approval of the Election Law Emergency Amendments Adoption
Packet
Legislative Operating Committee Meeting Minutes of August 19, 2020
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Motion by Kirby Metoxen to enter into the record the results for the June 16, 2020, e-poll
titled “Approval of the Election Law Emergency Amendments Adoption Packet;”
seconded by Ernest Stevens III. Motion carried unanimously.
27. E-Poll Results: Certification of the Leasing Law Rule No. 4 –Home Building
Opportunities Residential Leasing
Motion by Jennifer Webster to enter into the record the results for the June 30, 2020, e-poll
titled “Certification of the Leasing Law Rule No. 4 –Home Building Opportunities
Residential Leasing;” seconded by Daniel Guzman King. Motion carried unanimously.
28. E-Poll Results: Approval of the Extension of the Real Property Law Emergency
Amendments
Motion by Jennifer Webster to enter into the record the results for the July 13, 2020, e-poll
titled “Approval of the Extension of the Real Property Law Emergency Amendments;”
seconded by Ernest Stevens III. Motion carried unanimously.
29. E-Poll Results: Approval of the Boards, Committees, and Commissions Law
Amendments Public Comments Materials, and FIS Request Memorandum
Motion by Ernest Stevens III to enter into the record the results for the July 16, 2020, epoll titled “Approval of the Boards, Committees, and Commissions Law Amendments
Public Comments Materials, and FIS Request Memorandum;” seconded by Daniel
Guzman King. Motion carried unanimously.
30. E-Poll Results: Approval of the Boards, Committees, and Commissions Law
Amendments Adoption Packet
Motion by Kirby Metoxen to enter into the record the results for the July 30, 2020, e-poll
titled “Approval of the Boards, Committees, and Commissions Law Amendments
Adoption Packet;” seconded by Jennifer Webster. Motion carried unanimously.
31. E-Poll Results: Approval of the Boards, Committees, and Commissions Law
Amendments Adoption Packet
Motion by Jennifer Webster to enter into the record the results for the July 31, 2020, e-poll
titled “Approval of the Boards, Committees, and Commissions Law Amendments
Adoption Packet;” seconded by Ernest Stevens III. Motion carried unanimously.
32. E-Poll Results: Approval of the LOC’s FY2020 Third Quarter Report
Motion by Kirby Metoxen to enter into the record the results for the August 3, 2020, e-poll
titled “Approval of the LOC’s FY2020 Third Quarter Report;” seconded by Daniel
Guzman King. Motion carried unanimously.
33. E-Poll Results: Approval of the Oneida General Welfare Law and the Oneida
Higher Education Pandemic Relief Fund Law
Motion by Jennifer Webster to enter into the record the results for the August 5, 2020, epoll titled “Approval of the Oneida General Welfare Law and the Oneida Higher Education
Pandemic Relief Fund Law;” seconded by Ernest Stevens. Motion carried unanimously.
34. E-Poll Results: Approval of the Industrial Hemp Law Public Comments Materials
and FIS Request Memorandum
Motion by Ernest Stevens III to enter into the record the results for the August 4, 2020, epoll titled “Approval of the Industrial Hemp Law Public Comments Materials and FIS
Legislative Operating Committee Meeting Minutes of August 19, 2020
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Request Memorandum;” seconded by Daniel Guzman King. Motion carried unanimously.
35. LOC 2017-2020 End of Term Report
Motion by Ernest Stevens III to Approve the LOC 2017-2020 End of Term Report and
forward to the Oneida Business Committee; seconded by Daniel Guzman King. Motion
carried unanimously.
VII.
Executive Session
VIII. Adjourn
Motion by Daniel Guzman King to adjourn at 9:24 a.m.; seconded by Ernest Stevens III.
Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of August 19, 2020
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
LEGISLATIVE OPERATING COMMITTEE OFFICER SELECTION MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
August 28, 2020
1:00 p.m.
Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman King, Marie
Summers.
Others Present: Clorissa N. Santiago, Kristen Hooker.
I.
Call to Order
David P. Jordan called the August 28, 2020, Legislative Operating Committee Officer
Selection to order at 1:11 p.m.
II.
Officer Selection
1. Selection of Legislative Operating Committee Chairperson
Motion by Jennifer Webster to elect David P. Jordan as LOC Chairperson; seconded by
Daniel Guzman King. Motion carried unanimously.
2. Selection of Legislative Operating Committee Vice-Chairperson
Motion by Jennifer Webster to elect Kirby Metoxen as LOC Vice-Chairperson; seconded
by Daniel Guzman King. Motion carried. Kirby Metoxen abstained.
III.
Adjourn
David P. Jordan adjourned the Legislative Operating Committee Officer Selection at 1:12
p.m.
A good mind. A good heart. A strong fire.
Legislative Operating Committee Officer Selection Minutes of August 28, 2020
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Legislative Operating Committee
October 7, 2020
Petition: M. Debraska – Increase GTC
Meeting Stipend
LOC Sponsor: David P. Jordan
Submission Date: 2/19/20
Summary: This petition was carried over from the previous term. This petition calls for a
special General Tribal Council (GTC) meeting to be held on a Saturday only to allow for
greater membership participation with this petition being the only thing on the agenda, within
one-hundred twenty (120) days of receipt of this petition, to discuss the following:
1. To double the stipend pay for all GTC meeting(s) from $100.00 to $200.00 to be
effective in either September or October 2020 for approval by GTC; and
2. The Business Committee will contact petitioner, in writing, to discuss the date and time
of this scheduled GTC meeting if the Business Committee does not schedule the meeting
on a Saturday to allow petitioner to challenge the Business Committee’s decision of the
scheduling. The Business Committee will follow all applicable rule and regulations
currently in place for contacting petitioner.
The Oneida Business Committee acknowledged receipt of the petition on February 12, 2020.
On February 26, 2020, the Oneida Business Committee assigned the petition to the semiannual GTC meeting agenda tentatively scheduled on July 27, 2020, and directed that the Law,
Finance, and Legislative Reference Offices to complete and submit the legal review, fiscal
impact statement, and statement of effect, respectively, to the Secretary by May 19, 2020. Due
to the COVID-19 pandemic the July Semi-Annual GTC meeting was canceled.
Next Steps:
Accept the statement of effect for Petition: M. Debraska – Increase GTC Stipend and
forward to the Oneida Business Committee.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
Statement of Effect
Petition: M. Debraska – Increase GTC Meeting Stipend
Summary
This petition requests the General Tribal Council to consider doubling the stipend payment for
attendance at all General Tribal Council meetings from one hundred dollars ($100) to two hundred
dollars ($200) to be effective in either September or October 2020.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: October 2, 2020
Analysis by the Legislative Reference Office
On January 21, 2020, the Petition: M. Debraska - Increase GTC Meeting Stipend (“the Petition”)
was submitted to the Business Committee Support Office by Michael Debraska and has since been
verified by the Oneida Trust Enrollment Department. On February 12, 2020, the Oneida Business
Committee acknowledged receipt of the Petition. On February 26, 2020, the Oneida Business
Committee directed that the Legislative Reference Office complete a statement of effect for the
Petition.
The purpose of this Petition is to “direct the Chairman of the Oneida Nation to call for a Special
General Tribal Council (GTC) meeting to be held on a Saturday only to allow for the greater
membership participation with this petition being the only thing on the agenda, within onehundred twenty (120) days of receipt of this petition to discuss the following:
1. To double the stipend pay for all GTC meeting(s) from $100.00 to $200.00 to be effective
in either September or October 2020. The increase will be included in the 2021 budget
cycle of the Oneida Nation as presented to GTC in either September or October 2020 for
approval by GTC; and
2. The Business Committee will contact petition, in writing, to discuss the date and time of
this scheduled GTC meeting if the Business Committee does not schedule the meeting on a
Saturday to allow petitioner to challenge the Business Committee’s decision of the
scheduling. The Business Committee will follow all applicable rule and regulations
currently in-place for contacting petitioner.”
All applicable laws and policies of the Nation were reviewed in developing this statement of effect
for the Petition.
August 11, 2007 General Tribal Council Directive
On August 11, 2007, a Special General Tribal Council meeting was held to discuss establishing an
office of General Tribal Council to review and monitor all aspects of tribal operations, the payment
of one hundred dollars ($100) to eligible voters attending GTC meetings, and the development of
a five thousand ($5,000) to ten thousand ($10,000) per capita payment for Fiscal Year 2008.
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During this special meeting the General Tribal Council adopted a motion made by Madelyn
Genskow, seconded by Nancy Skenandore, that a stipend of one hundred dollars ($100) be paid to
any General Tribal Council member who attends a General Tribal Council meeting and is eligible
to vote and stays until the end of the meeting effective in calendar year 2008 and for all time.
General Tribal Council Meeting Stipend Payment Policy
The General Tribal Council Meeting Stipend Payment Policy was developed in an effort to
establish rules and processes to be followed for eligible Oneida Tribal members to receive a stipend
for attending a General Tribal Council meeting in accordance with the August 11, 2007, General
Tribal Council directive.
The General Tribal Council Meeting Stipend Payment Policy governs the payment of stipends for
attendance at General Tribal Council meetings at which a quorum is established and maintained
and where official business of the Nation is conducted. [1 O.C. 111.1-1, 111.1-2]. The General
Tribal Council Meeting Stipend Payment Policy provides that any member of the Nation who
meets the following requirements shall receive a stipend for attending a General Tribal Council
meeting where a quorum is established:
be a qualified voter, in accordance with the Constitution of the Oneida Nation;
register, or be in line to register, no later than fifteen (15) minutes after the published
starting time of the meeting by checking in at a registration table, filling out any required
forms, and providing a valid Tribal or state issued picture identification;
be present for the entire meeting, from the time the meeting is called to order until the
meeting is adjourned; and
check out and provide a valid Tribal or state issued picture identification card after the
meeting ends. [1 O.C. 111.4-2(a)-(d)].
The General Tribal Council Meeting Stipend Payment Policy itself does not establish the amount
of a stipend a person is eligible to receive for attendance at a General Tribal Council meeting, but
provides that the amount of the stipend a person is eligible to receive is determined by the General
Tribal Council. [1 O.C. 111.4-1]. The General Tribal Council Meeting Stipend Payment Policy
does contain a footnote which provides the August 11, 2007 General Tribal Council directive
which set the specific stipend amount at one hundred dollars ($100).
Ten Day Notice Policy
The Ten Day Notice Policy was adopted by the General Tribal Council to provide a clear and
concise statement of procedures to be followed by the General Tribal Council and the Oneida
Business Committee during General Tribal Council meetings. [1 O.C. 110.1-3]. The Ten Day
Notice Policy provides that any action to over rule previous passed motions or resolutions shall
require a two-thirds (2/3) majority vote. [1 O.C. 110.3-1(a)(3)]. Therefore, action to overrule the
August 11, 2007, General Tribal Council motion that “a stipend of one hundred dollars ($100) be
paid to any General Tribal Council member who attends a General Tribal Council meeting and is
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eligible to vote and stays until the end of the meeting” to increase the amount of the meeting
stipend would require a two-thirds (2/3) vote by the General Tribal Council. 1
Inclusion of Increased General Tribal Council Meeting Stipend in the Fiscal Year 2021 Budget
The Petition calls for the increased stipend “to be effective in either September or October 2020.
The increase will be included in the 2021 budget cycle of the Oneida Nation as presented to GTC
in either September or October 2020 for approval by GTC.” The Petition’s requirement that the
increased General Tribal Council meeting stipend be included in the 2021 budget cycle and
presented to the General Tribal Council for adoption in September or October 2020 cannot be met.
After this Petition was submitted, on March 12, 2020, in accordance with the Emergency
Management and Homeland Security law, Chairman Tehassi Hill signed a “Declaration of Public
Health State of Emergency” regarding the COVID-19 pandemic which declared a Public Health
State of Emergency for the Nation until April 12, 2020. [3 O.C. 302.8-1]. At the time this statement
of effect was drafted the Public Health State of Emergency had since been extended until October
12, 2020 through adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, BC07-08-20-A, BC-08-06-20-A and BC-09-09-20-A. As a result of this Public Health State of
Emergency all General Tribal Council meetings were canceled.
On March 17, 2020, the Oneida Business Committee adopted resolution BC-03-17-20-A titled,
“Adoption of Tier IV Budget Contingency Plan for the Remainder of Fiscal Year 2020 As a Result
of Potential COVID-19 Pandemic Financial Impacts” which declared that the Nation was
implementing the Tier IV measures under its Budget Contingency Plan that was put in place
pursuant to the Budget Management and Control law for when the Nation is experiencing extreme
financial distress that could negatively impact the Nation. [1 O.C. 121.4-3]. Shortly thereafter, the
Oneida Business Committee implemented the Budget Contingency Plan’s Tier V measures,
through adoption of resolution BC-04-08-20-C titled, “Tier V Budget Contingency Declared for
Remainder of Fiscal Year 2020” which required five percent (5%) mandatory budget cuts across
the Nation, a reduction of all funding to essential services only and layoffs for the remainder of
Fiscal Year 2020.
The Nation’s Finance Team identified that it was impossible to identify revenues at any level of
accuracy during this Public Health State of Emergency as the economy is impacted and beyond as
the economy recovers, which impacts the ability to generate a budget for the Fiscal Year 2021.
Due to the fact that the Oneida Business Committee would not be able to develop and present a
Fiscal Year 2021 budget to the General Tribal Council by September 30, 2020, a continuing budget
1
Although it is within the discretion of the General Tribal Council to change the stipend amount a person is eligible
to receive for attendance at a General Tribal Council meeting, on April 8, 2020, the Oneida Business Committee
adopted emergency amendments to the General Tribal Council Meeting Stipend Payment Policy through resolution
BC-04-08-20-A which allows the Oneida Business Committee to decide through adoption of a resolution to halt the
payment of General Tribal Council meeting stipends to all eligible members for a period of time deemed necessary
by the Oneida Business Committee to protect and safeguard the resources and general welfare of the Nation. [1 O.C.
111.4-3(c)]. This emergency amendment was made due to the financial impacts of the COVID-19 pandemic on the
Nation. The Oneida Business Committee then adopted resolution BC-04-08-20-F titled, “Halting General Tribal
Council Meeting Stipend Payments for FY2020 and FY2021” which declared that General Tribal Council meeting
stipend payments will not be paid in Fiscal Year 2020 and Fiscal Year 2021.
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resolution was sought by the Oneida Business Committee, in accordance with the Budget
Management and Control law, to be in place until such time as a budget is adopted by the General
Tribal Council. [1 O.C. 121.5-9]. On August 12, 2020, the Oneida Business Committee adopted
resolution BC-08-12-20-J titled, “Continuing Resolution for Fiscal Year 2021” which provided
that Fiscal Year 2021 expenditures shall derive from each fund unit’s approved contingency plan
(Fiscal Year 2020 budget) as impacted by resolution BC-04-08-20-C, and all expenditures shall
be restricted to the greatest extent possible to allow the Nation to provide critical-essential services.
The inclusion of an increased General Tribal Council meeting stipend will not be included in the
Fiscal Year 2021 budget cycle and presented to the General Tribal Council for adoption in either
September or October of 2020. These deadlines cannot be met because the Nation does not yet
have a Fiscal Year 2021 budget developed as a result of the COVID-19 pandemic, and is operating
under a continuing resolution as adopted through resolution BC-08-12-20-J. The increased General
Tribal Council meeting stipend may be addressed when the next budget is developed and presented
to the General Tribal Council for adoption, but it is unknown at this time when that may occur.
Conclusion
After a review of all applicable laws and policies of the Nation, it has been determined that the
adoption of the Petition: M. Debraska – Increase GTC Meeting Stipend would not have a
legislative impact as long as the following conditions are met:
1. Action by the General Tribal Council to increase the amount of the stipend a person is
eligible to receive for attendance at a General Tribal Council meeting from one hundred
dollars ($100) to two hundred dollars ($200) would require a two-thirds (2/3) majority vote
by the General Tribal Council in accordance with the Ten Day Notice Policy.
2. A Fiscal Year 2021 budget that contains the inclusion of increased General Tribal Council
meeting stipends would need to comply with the budgeting process provided for in the
Budget Management and Control law and be adopted by the General Tribal Council before
the increased stipend could go into effect. This will not occur before October 2020 as the
Petition directs due to the fact that a Fiscal Year 2021 budget has not been developed as a
result of the COVID-19 pandemic, and the Nation is operating under a continuing
resolution as adopted through resolution BC-08-12-20-J.
Requested Action
Accept the statement of effect for the Petition: M. Debraska – Increase GTC Meeting Stipend.
Page 4 of 4
""'
000000
A good mind. A good heart. A strong fire.
ONEIDA
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
AGENDA REQUEST FORM
August 12, 2020
1) Request Date: _____________________________________________________
Clorissa N. Santiago
2) Contact Person(s): ______________________________________
Legisltaive Reference Office
Dept:____________________________
(920) 869-4417
csantia@oneidanation.org
Phone Number:_________________________
Email: __________________________________
3) Agenda Title:___________________________________________________________________
4) Detailed description of the item and the reason/justification it is being brought before the LOC:
On August 12, 2020, the Oneida Business Committee adopted a motion
_______________________________________________________________________________
to "send the entire subject of Supervison of the Chief Financial Officer to
theLegislative Operating Commitee for further analysis to create
_______________________________________________________________________________
permanent amendements in the Budget Manager Control law for Tiers III,
IV, and V for future events."
_______________________________________________________________________________
_______________________________________________________________________________
List any supporting materials included and submitted with the Agenda Request Form
Excerpt from 8/12/20 OBC Minutes
1) ________________________________
3) ________________________________
2) ________________________________
4) ________________________________
5) Please list any laws, policies or resolutions that might be affected:
Budget Management and Control Law
_______________________________________________________________________________
6) Please list all other departments or person(s) you have brought your concern to:
______________________________________________________________________________
7) Do you consider this request urgent?
Yes
No
If yes, please indicate why:
________________________________________________________________
I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by
the Legislative Operating Committee.
Signature of Requester:
__________________________________________________________________________
Please send this form and all supporting materials to:
LOC@oneidanation.org
or
Legislative Operating Committee (LOC)
P.O. Box 365
Oneida, WI 54155
Phone 920-869-4376
15 of 104
Item V.G. was addressed next.
16 of 104
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
000000
ONEIDA
AGENDA REQUEST FORM
l)
Request Date: _8_!_2_
51_2_0_2_0_
_ __ _ __ _ _ __ _ _ __
2)
Contact Person(s): Jennifer Berg-Hargrove and Peggy Schneider
Dept: ICW and Law Office
Email: jhargrov@oneidanation.org
Phone Number:920-490-3876
3)
Agenda Title: Emergency Amendments to the Children's Code: Customary Adoption
4)
Detailed description of the item and the reason/justification it is being brought before the LOC:
We are requesting that Customary Adoption be changed to a
suspension of rights rather than a termination of rights. VVe currently
have a case in Tribal Court 'vVhich ·vvould fit under Customary Adoption,---h11t beca11se we have it listed as a termination, it will leave the adapting
family as ineligible for Adoption Assistance with the State.
List any supporting materials included and submitted with the Agenda Request Form
I) Adoption Assistance Application
2
5)
3) Adoption Assistance Agreement
) Wisconsin Adoption Assistance Guide for Tribes
Please list any laws, policies or resolutions that might be affected:
Children's Code Chapter 708
6)
Please list all other departments or person(s) yo u have brought your concern to:
Previously addressed this during the adoption of the Code.
7)
Do you consider this request urgent?
li]Yes
0No
If yes, please indicate why:
The current case cannot be completed without this change and the child needs permenancy
I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by
the Legislative Operating Committee.
Signature of Requester:
Digitally signed by Michelle L. Gordon
M Che 11 e L• GO rd On Date:
2020.08.25 16:27:17 -05'00'
·1
Please send this form and all supporting materials to:
LOC@oneidanation.org
or
Legislative Operating Committee (LOC)
P.O . Box 365
Oneida, WI 54155
Phone 920-869-4376
A good mind. A good heart. A strong fire .
17 of 104
Wisconsin Adoption Assistance Guide for
Tribes
1
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Purpose
This guidance is for tribes completing adoptions or customary adoptions through tribal court. It provides an
overview and understanding of the requirements of applying for Adoption Assistance, as well as suggestions for
completing the Adoption Assistance process timely. All forms mentioned may be found on the DCF website:
https://dcf.wisconsin.gov/forms.
Adoption Assistance Overview
Adoption assistance helps adoptive parents support the cost of care of a child after adoption or after the child
was placed with a family for adoption. The Department of Children and Families (the Department) may provide
Adoption Assistance to the parent(s) of an adopted child or the proposed adoptive parents of a child placed for
adoption. To receive Adoption Assistance, the child and family must meet certain eligibility requirements and
the proposed adoptive parents must have an approved and signed Adoption Assistance Agreement with the
Department. There are several types of Adoption Assistance for which the child and family may or may not be
eligible, as shown below (Ch. DCF 50 Admin Code). The family is not required to be eligible for all types of
Adoption Assistance, and may only qualify for Medical Assistance.
Type of
Assistance
Description
Eligibility
Monthly Subsidy
Adoption assistance may include a monthly dollar
amount to the adoptive parents to assist in
meeting the financial demands of caring for a
child’s special needs.
Not all families receive a monthly
subsidy under their AA Agreement.
Eligibility for the subsidy is based on
the child. The subsidy amount is
determined by the level of the child’s
special needs and cannot exceed the
maximum amount authorized under
law.
Medical
Assistance
Adoption assistance also includes Medical
Assistance eligibility through Wisconsin’s
Medicaid Program. Families are not required to
place their adopted child on their private health
insurance plan.
All families with an approved and
signed Adoption Assistance Agreement
will have Medical Assistance for their
child.
One Time
Reimbursement
of Adoption
Expenses
Reimbursement for reasonable and necessary
adoption fees, court costs, attorney fees and
other expenses directly related to the legal
adoption and which are not incurred in violation
of state or federal law.
2
Any family with an approved and
signed Adoption Assistance Agreement
can submit claims within two years
from the date of adoption finalization.
Costs may be reimbursed up to a
maximum of $2,000.
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Adoption Assistance does not include eligibility for other services such as respite, Children’s Long Term Support
Waiver, Supplemental Security Income (SSI), etc. Other benefits or programs must be applied for through the
applicable local agency and follow eligibility requirements for each program. The Wisconsin Post Adoption
Resource Centers (PARC) in each region may be able to assist families in navigating these resources. Contact
information for each PARC may be found here: https://dcf.wisconsin.gov/map/adoption/parc.
Eligibility for Adoption Assistance
To be eligible for Adoption Assistance, certain criteria must be met under Wisconsin Statute § 48.975 and Ch.
DCF 50 Administrative Code. Wisconsin residency is not an explicit eligibility requirement for adoption
assistance, but may be a determining factor for which state holds the adoption assistance agreement. In this
scenario, the tribal agency must contact the Department for additional guidance.
Adoption Assistance Eligibility Criteria:
1: Child under 18 at time of adoption
2: Child has "special needs" or is at high risk of "special needs"
3: Child is available for adoption
4: Resonable efforts to place without Adoption Assistance were
made or an exception to reasonable efforts was granted
1. The child must be under 18 years of age at the time of the adoption;
2. The child must have special needs or be at a high risk of developing special needs due to one of the
following:
a. In order to be eligible for Adoption Assistance with a monthly subsidy, the child must meet
ONE or more of the following criteria:
The child is 10 years of age or older if age is the only factor in determining eligibility;
The child is a member of a sibling group of three or more who must be placed together;
The child is a member of a minority race and children of that minority race cannot be
readily placed due to a lack of appropriate placement resources;
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The child is an Indian Child, which is defined under §48.02(8g) as any unmarried person
who is under the age of 18 years and is affiliated with an Indian tribe in any of the
following ways:
o As a member of the Indian tribe;
o As a person who is eligible for membership in an Indian tribe and is the
biological child of a member of an Indian tribe.
The child has a total of five or more needs that have been identified as moderate or
intensive in the areas listed in Ch. DCF 56.23(2)(a) 1.a to e. in the rate schedule. This is
determined by completing the Child and Adolescent Needs and Strengths (CANS) tool.
b. If the child is not eligible for Adoption Assistance with a monthly subsidy according to the above
criteria, the child may be eligible for an Adoption Assistance Agreement to receive medical
assistance and one time reimbursement for adoption related expenses. The child must be
considered “at high risk” of developing a moderate or intensive level of special needs as
described above based on ONE or more of the following:
Either or both of the child’s birth parents have a documented medical diagnosis or
medical history that could result in a condition for the child to exhibit moderate or
intensive special needs.
The child’s birth mother received inappropriate prenatal care that could later result in
the child developing moderate or intensive special needs and the inappropriate care is
documented in medical or hospital records.
The child’s birth mother used harmful drugs or alcohol during pregnancy that could later
result in the child developing moderate or intensive special needs and the use of the
harmful drugs or alcohol during pregnancy is documented in medical, hospital, law
enforcement, or court records; the records of a county department or the department;
or the records of an agency under contract with a county department or the
department to provide child welfare services. The Department will accept a tribal
human service agency’s documentation as meeting this requirement.
The child has experienced four or more placements with extended family or foster
homes that could affect the normal attachment process.
The child experienced neglect in the first three years of life or sustained physical injury
or physical disease that could have a long‐term effect on physical, emotional, or
intellectual development.
3. The child must be available for adoption per the following:
a. Following the death of parents, a Termination of Parental Rights (TPR) or Suspension of Parental
Rights (SPR);
b. The child must be under the guardianship (different than legal custody) of an adoption agency,
which includes a tribal child welfare agency;
c. The adoption agency must determine the child cannot or should not return to the home of his
or her parents, as documented in the Adoption Assistance application;
d. The authorized adoption agency had placed the child in an adoptive placement.
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4. Reasonable efforts must be made to assure a timely placement of the child with the best available
family without adoption assistance. An exception to this may be granted by the adoption agency if any
of the following are met:
1. The child has developed significant emotional ties with the foster family and all of the following
conditions are met:
a. Identifies himself or herself as a member of the family;
b. Is regarded by the foster parents, foster siblings, community and school as belonging to
that family; and
c. Has, because of his or her attachment to the foster family and other factors such as age
and number of previous placements, a diminished probability of forming new
attachments if denied permanence with this family.
2. The proposed adoptive parents request adoption assistance for a child placed in the proposed
adoptive parents’ home for adoption without adoption assistance if the child demonstrates a
special need before the adoption is finalized.
If the tribal agency has reviewed the Adoption Assistance eligibility requirements and wishes to apply for
Adoption Assistance, there are several factors to consider prior to moving forward with the application. The
following section describes these factors for agency consideration prior to moving on to procedure.
Eligibility for Adoption Assistance should not be the determining factor for whether adoption or customary
adoption is the appropriate permanency option for the child. The tribe must first determine that the child is
unable to return to the home of his/her parents and that adoption or customary is the appropriate
permanency option for the child. If the tribal agency has made the decision to pursue a termination or
suspension of parental rights and a subsequent adoption or customary adoption, the tribal agency should
then proceed with determining eligibility for Adoption Assistance per the above eligibility requirements.
Factors Affecting the Adoption Assistance Process
There are several factors related to the adoption of the child that may affect the tribal agency’s decisions for the
process of obtaining Adoption Assistance, including how and when to complete required paperwork:
Whether the tribal agency completes a termination of parental rights and adoption in tribal court or a
suspension of parental rights and customary adoption in tribal court;
Whether the tribal agency completes the adoption in tribal court or transfers the case to a regional
Department contracted Public Adoption agency.
Whether a Wisconsin county was involved with the child/family and;
Whether there is an agreement with that county to continue paying a foster care rate to the family posttermination or suspension of parental rights.
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TERMINATION VERSUS SUSPENSION OF PARENTAL RIGHTS
The tribal agency must first decide whether a termination of parental rights and subsequent adoption, or a
suspension of parental rights and subsequent customary adoption are most appropriate for the child and family,
as this determines options for taking guardianship of the child and
The Department may be granted
which agency may complete the adoption.
guardianship of a child by a tribal
court following a termination of
If the tribal agency completes a termination of parental rights for a
parental rights, but may not be
child in out-of-home care (OHC), the tribal court has the option of
granted guardianship of a child
granting guardianship and legal custody of the child to the
by a tribal court following a
Department and transferring the case to the regional Department
suspension of parental rights.
contracted Public Adoption agency for completion of the adoption.
If the tribal agency completes a termination of parental rights for a child who is not in out-of-home care, the
Department will not accept legal custody and guardianship of the child. If the tribal agency completes a
suspension of parental rights, the Department is not authorized to accept legal custody and guardianship of the
child, so the tribal agency must take guardianship of the child for the child to qualify for Adoption Assistance.
TRIBAL AGENCY VERSUS THE DEPARTMENT COMPLETING ADOPTION
If the tribal agency completes a termination of parental rights for a child in out-of-home care, the tribal court
may grant guardianship to the Department according to the Department’s ability to accept guardianship. The
family will be assigned to the appropriate regional Department contracted Public Adoption agency and that
agency will work with the family to finalize the adoption in Wisconsin courts.
If guardianship, legal custody, and the
case is transferred to Department, the
adoption will be completed in state court
and the proposed adoptive parent(s)
must meet all requirements to adopt
under. Ch. 48, Wis. Stats. as well as Ch.
DCF 50 and Ch. DCF 51, Wis. Admin.
Code. The regional Department
contracted Public Adoption agency will
complete the necessary work to obtain
Adoption Assistance.
Wisconsin Public Adoption Requirements Include:
Meet all foster care licensing requirements (Ch. DCF 56
Admin. Code)
Meet all criminal background check requirements (Ch. DCF
12 Admin. Code)
Have an approved home study for the purposes of adoption
(Ch. DCF 50 Admin. Code)
Complete pre-adoptive training requirements for first time
adoptive parents (Ch. DCF 51 Admin. Code)
If the tribal agency has questions regarding these
requirements, they may consult with the appropriate regional
Department contracted Public Adoption agency.
If the tribal agency will complete the
adoption, the tribal agency or another
adoption agency must take guardianship of the child for the child to be eligible for Adoption Assistance.
Adoption Assistance cannot be completed if the pre-adoptive family has guardianship of the child. The tribal
agency is also responsible for the preparation and completion of the Adoption Assistance paperwork to obtain
Adoption Assistance prior to adoption finalization. If the tribal agency will complete the adoption in tribal court,
the proposed adoptive parent(s) must meet tribal code and any applicable federal law, which may include other
applicable preparation requirements for the adoption, such as background checks, licensing, training, etc.
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TRIBE/COUNTY AGREEMENT TO PAY
Continuation of a foster care rate post-termination of parental rights is not guaranteed or automatic. If a
proposed adoptive parent(s) is receiving a foster care (FC) rate from the county, the tribal agency should
consider whether there is an agreement with the county in place to continue to pay the foster care rate to the
proposed adoptive parent(s) post-termination or suspension of parental rights.
TPR and transfer to the Department
Department pays FC rate until AA is in effect
TPR/SPR county agreement to pay
County pays FC rate until AA is in effect
TPR/SPR no county agreement to pay
Possible gap in pay until AA is in effect
If the tribal agency transfers the case to a regional Department contracted Public Adoption agency and the
Department takes guardianship and legal custody of the child, the Department will pay the foster care rate
regardless of whether the county has an agreement to pay, and there will be no gap in payment. If the tribal
agency keeps the case post-TPR, or is completing a suspension of parental rights, the Department cannot take
guardianship and will not pay the foster care rate post-termination or suspension of parental rights.
If the family is eligible to receive an Adoption Assistance subsidy and there is not a tribal/county agreement to
continue the foster care rate post-TPR/SPR and pre-adoption, this could result in a gap in payment until the
Adoption Assistance Agreement is in effect and an Adoption Assistance subsidy is paid. In this situation, the
tribal agency should contact the Department Adoption Program Supervisor as soon as possible prior to the
TPR or SPR hearing to discuss any possible options to avoid the gap in payment.
Stages of Adoption Assistance
While the procedure to obtain Adoption Assistance is the same for the tribal agency regardless of the situation,
depending on the above factors, there may be different actions required at the different stages of adoption:
1
2
3
4
•Preparation for Termination or Suspension of Parental Rights
•At the time of Termination or Suspension of Parental Rights
•Post-Termination or Suspension of Parental Rights/Pre-Adoption Finalization
•Adoption Finalization/Post-Adoption
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PREPARATION FOR TERMINATION OR SUSPENSION OF PARENTAL RIGHTS
If the tribal court terminates parental rights for a child in out-of-home care and transfers guardianship and legal
custody to the Department to complete the adoption, the tribal agency must work with the appropriate regional
Department contracted Public Adoption agency to prepare and transfer the case at the time of the termination
of parental rights. If transferring to the Department, the tribal agency must discuss the transfer with the
appropriate regional Department contracted Public Adoption agency at least three months prior to the TPR, so
the agency may begin working with the proposed adoptive parent(s) to ensure they meet all requirements to
adopt under Ch. 48, Wis. Stats., Chs. DCF 50 and 51 Admin. Code, and any other Wisconsin requirements to
adopt. If the tribal agency completes a suspension of parental rights, the Department is not authorized to
accept legal custody and guardianship of the child, so the tribal agency must take guardianship of the child for
the child to qualify for Adoption Assistance.
If the tribal agency completes the adoption, there is no specific preparation for Adoption Assistance that must
be completed prior to the termination or suspension of parental rights hearing. Other applicable preparation
requirements for adoption, such as background checks, licensing, training, etc. are determined under tribal
codes and applicable federal law. If the county does not have an agreement to pay the foster care rate post TPR
or SPR, there may be additional preparation to help ensure that there is no gap in payment to the proposed
adoptive parent(s). In this situation, the tribal agency should contact the Department Adoption Program
Supervisor as soon as possible prior to the TPR or SPR hearing to discuss any possible options to avoid the gap
in pay.
AT THE TIME OF TERMINATION OR SUSPENSION OF PARENTAL RIGHTS
If the tribal agency transfers the case to the Department, the tribal court will transfer guardianship and legal
custody of the child to the Department at the time of the termination of parental rights hearing. The
appropriate regional Department contracted Public Adoption agency will then proceed with the adoption and
any Adoption Assistance procedure and requirements.
If the tribal court terminates or suspends parental rights and the tribal agency will complete the adoption in
tribal court, four things must occur at the time of the termination or suspension of parental rights hearing in
order to meet the Adoption Assistance eligibility requirement that the child must be available for adoption:
1. The tribal court must terminate or suspend parental rights.
2. The tribal court must transfer guardianship of the child to the tribal
agency (the pre-adoptive parents may not have guardianship).
3. The tribal agency must make a determination that the child cannot or
should not return to the home of their parents. This determination
will be documented in the Adoption Assistance application.
4. The tribal agency must make an adoptive placement of the child to
the prospective adoptive parent(s) home. This will be documented in
the Adoption Assistance application.
8
An agency taking guardianship
of a child is different than an
agency taking legal custody of
the child. The tribal court
order must specify that
guardianship was transferred
to only the tribe (not the preadoptive parents).
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POST-TERMINATION OR SUSPENSION OF PARENT RIGHTS/PRE-ADOPTION FINALIZATION
If the tribal court transfers guardianship and legal custody of the child to the Department at the time of the
termination of parental rights, the Department will make the foster care rate payments and the assigned
regional Department contracted Public Adoption agency will complete the Adoption Assistance procedure and
requirements. The tribe will not need to complete other work with the case except to provide any necessary
documentation or information to the Public Adoption agency. Once the Adoption Assistance process is
complete, the Department will begin making Adoption Assistance payments and the regional Department
contracted Public Adoption agency will finalize the adoption with the Wisconsin court.
If the tribal agency will complete the adoption in tribal court, it is at this time that the tribe will begin and
complete the Adoption Assistance Application process (see procedure section). Adoption Assistance payments
may not begin until:
There is a termination or suspension of parental rights,
an agency has guardianship of the child,
a determination has been made that the child cannot or should not return home,
there is a legal adoptive placement,
the Adoption Assistance process is complete, and
the Adoption Assistance Agreement has been signed by the pre-adoptive parents, adoption agency (in
this scenario the tribal agency), and the Department Adoption Assistance Eligibility Specialist.
If the county does not have an agreement to pay the foster care rate post-TPR or SPR, there may be additional
preparation to possibly avoid a gap in payment to the proposed adoptive parent(s). In this situation, the tribal
agency should contact the Department Adoption Program Supervisor as soon as possible prior to the TPR or
SPR hearing to discuss any possible options to avoid the gap in payment.
ADOPTION FINALIZATION
The Adoption Assistance Agreement process must be completed and an Adoption Assistance Agreement signed
by all required parties prior to the adoption finalization. If the tribal agency will complete the adoption, it is
recommended that the tribal agency waits until the Adoption Assistance Agreement is in effect to schedule the
adoption finalization hearing with the tribal court.
Once the tribal or customary adoption is finalized, the tribal agency must submit the adoption or customary
adoption order along with the child’s full and final name to the Department Adoption Assistance Eligibility
Specialist. If the tribal agency transfers guardianship and legal custody to the Department, the regional
Department contracted Public adoption agency will complete the adoption and submit necessary
documentation to the Department.
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Tribal Adoption Scenarios for Adoption Assistance
Preparation for TPR/SPR
Scenarios
-Tribe to TPR or SPR
-Tribe to TPR (No SPR)
-DCF to complete adoption
-County is/was paying FC
rate
-Tribal agency contacts
regional Department
contracted Public Adoption
agency 3 months prior to
TPR to begin the home
study process
At the Time of TPR/SPR
Post TPR/SPR,
Pre Finalization
-Tribe/county has
agreement for county to
continue paying FC rate, or
tribe pays FC rate
-No specific preparation
required by the
Department
-The family must meet all
state requirements to
adopt
-Tribal agency completes
TPR in tribal court
Adoption
Finalization
-Tribe to complete
adoption
-Tribal agency transfers
guardianship and legal
custody to the Department
-Tribal agency makes
determination child cannot
return home
-Department contracted
Public Adoption agency
makes adoptive placement
with pre-adoptive parents
-Department contracted
Public Adoption agency
takes over case
management and the
Department will pay the FC
rate
-Department contracted
Public Adoption agency
completes the AA process
-Department contracted
Public Adoption agency
completes the adoption
finalization in state court
-Tribal agency completes
TPR or SPR in tribal court
-Tribal agency takes
guardianship of the child
-Tribal agency makes
determination child cannot
return home
-Tribal agency makes
adoptive placement
-Tribe to TPR or SPR
-Tribe to TPR or SPR
-Tribe to complete
adoption
-Tribe/county has no
agreement to continue
paying FC rate
-Tribal agency will contact
the Department Adoption
Program Supervisor as
soon as possible prior to
the TPR or SPR to discuss
possible options to avoid a
gap in payment
-Tribal agency contacts the
Department to possibly
avoid payment gap
-Tribal agency completes
TPR or SPR in tribal court
-Tribal agency takes
guardianship of the child
-Tribal agency makes
determination child cannot
return home
-Tribe to complete
adoption
-County was not paying FC
rate
-Tribe may have been
paying FC rate
-No specific preparation
required by the
Department
-Tribal agency completes
TPR or SPR in tribal court
-Tribal agency takes
guardianship of the child
-Tribal agency makes
determination child cannot
return home
-Tribal agency makes
adoptive placement
-Tribal agency makes
adoptive placement
-Tribal agency completes
the full AA process,
including having a signed
AA Agreement PRIOR TO
ADOPTION FINALIZATION
-County pays FC rate until
AA is in effect
-Tribal agency contacts the
Department to possibly
avoid payment gap
-Tribal agency completes
the full AA process,
including having a signed
AA Agreement PRIOR TO
ADOPTION FINALIZATION
-Tribal agency completes
the full AA process,
including having a signed
AA Agreement PRIOR TO
ADOPTION FINALIZATION
-Department pays AA
when AA process complete
-Department pays AA
when AA process complete
-Tribal agency completes
adoption finalization in
tribal court and send
finalization documents to
the Department
10
-Tribal agency completes
adoption finalization in
tribal court and send
adoption finalization
documents to the
Department
-Tribal agency completes
adoption finalization in
tribal court and send
adoption finalization
documents to the
Department
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Adoption Assistance Procedure
The following procedure is required to obtain Adoption Assistance prior to the
finalization of an adoption or customary adoption.
There are three main steps to completing the Adoption Assistance process:
1. Adoption Assistance Rate Determination
2. Adoption Assistance Agreement Approval
3. Adoption Finalization and Post Adoption
If the tribal agency will
transfer guardianship and
legal custody of a child placed
in out-of-home care to DCF
following a termination of
parental rights, the Public
Adoption Agency will
complete the Adoption
Assistance process.
STEP 1: ADOPTION ASSISTANCE RATE DETERMINATION
The Adoption Assistance Rate Determination is completed by submitting the first four sections of the Adoption
Assistance Rate Determination and Application for Tribal or Customary Adoptions (DCF-F-5159-E) to the
Department Adoption Assistance Eligibility Specialist for review and approval.
Timing:
The tribal agency completes the Adoption Assistance Rate Determination post-TPR or SPR, but prior to the
adoption finalization. If the county does not have an agreement to pay the foster care rate post-TPR or SPR,
there may be additional preparation to possibly avoid a gap in payment to the proposed adoptive parent(s). In
this situation, the tribal agency should contact the Department Adoption Program Supervisor as soon as
possible prior to the TPR or SPR hearing to discuss options to avoid the gap in payment.
The tribal agency must complete the Adoption Assistance Rate Determination and receive approval of the rate
from the Department Adoption Assistance Eligibility Specialist prior to completing and submitting
documentation for the Adoption Assistance Agreement Approval.
Preparation:
Preparation Summary:
Prior to submitting the Adoption Assistance Rate
Determination and Application for Tribal or Customary
1. Discuss AA eligibility with family
Adoptions (DCF-F-5159-E) to the Department Adoption
2. Complete the CANS and rate setting
Assistance Eligibility Coordinator, the tribal agency must
OR complete documentation of high
discuss Adoption Assistance eligibility with the proposed
risk status
adoptive parent(s). The child may or may not be eligible for an
3. Discuss proposed rate with family
Adoption Assistance subsidy depending on the child’s special
needs (which includes meeting the Ch. 48, Wis. Stats.
definition of an Indian child) or high-risk of special needs and other eligibility requirements, which are listed in
the Adoption Assistance Eligibility section of this guide.
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If the child qualifies for Adoption Assistance due to being at high-risk of developing special needs, there will be
no Adoption Assistance subsidy, but the child would be eligible for Medical Assistance if all other eligibility
requirements are met. The Adoption Assistance process must be completed in order for the child to receive
Medical Assistance. As a part of Adoption Assistance Rate Determination and Application for Tribal or
Customary Adoptions (DCF-F-5159-E), the tribal agency must attach the Determination of “High Risk” Status for
Adoption Assistance (DCF-F-5284-E) form. This form requires that the tribe work with the child’s doctor to verify
the child is at high-risk, or attach documentation that verifies the child meets the “at high-risk” status.
If the child qualifies for Adoption Assistance with a subsidy, a rate must be determined and submitted on the
Uniform Foster Care Rate Setting (DCF-F-CFS0834) form attached to the Adoption Assistance Rate
Determination and Application for Tribal or Customary Adoptions (DCF-F-5159-E). The tribal agency will
determine the Adoption Assistance rate by following the Uniform Foster Care Rate Setting Policy. The Adoption
Assistance rate may not be higher than the last foster care rate. If the family was receiving a Kinship Care rate,
this will not affect the Adoption Assistance rate.
The basic portion of the rate is determined through the biennial state budget and is listed on the Uniform Foster
Care Rate Setting form (DCF-F-CFS0834).
The supplemental portion of the rate is determined by completing a Child
and Adolescent Needs and Strengths (CANS) tool for the child. A CANS must
be completed for the child for Adoption Assistance, as the algorithm to
calculate the supplemental portion of the Adoption Assistance rate is
different than the algorithm for the foster care rate.
The CANS must be completed
for the child specifically for
Adoption Assistance, as the
algorithm to calculate the
supplemental portion of the
Adoption Assistance rate is
different than the algorithm
for the foster care rate.
The tribal agency caseworker must be certified to complete the CANS for the
child. More information about becoming CANS certified can be found at
https://wcwpds.wisc.edu/web-based-courses/cans-tool-training/. If the
tribal agency does not have a caseworker who is certified to complete the
The CANS for the last foster
CANS, the tribal agency may request a regional Public Adoption agency to
care rate determination may
complete the CANS. The Adoption Assistance Rate Determination and
not be used.
Application for Tribal or Customary Adoptions (DCF-F-5159-E) requires CANS
results pages to be attached. The required form depends on the child’s age:
Child and Adolescent Needs and Strengths (CANS) Results 0-5 (DCF-F-2612) and Child and Adolescent Needs and
Strengths (CANS) Results 5-21 (DCF-F-2611).
Finally, the exceptional portion of the rate is determined based on the criteria detailed in the Uniform Foster
Care Rate Setting Policy.
Once the tribal agency has determined the Adoption Assistance rate, they should discuss the rate with the
proposed adoptive parent(s). The proposed adoptive parent(s) may not agree with or understand the rate. If
the proposed adoptive parent(s) were receiving a foster care rate from the county, the Adoption Assistance rate
may be lower. The tribal agency should be prepared to discuss this with the proposed adoptive parent(s).
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Submission:
Once preparation for the request for the Adoption Assistance Rate Determination is complete, the tribal agency
must complete sections 1-4 of the Adoption Assistance Rate Determination and Application for Tribal or
Customary Adoptions (DCF-F-5159-E) and all required documents (detailed below) to submit to the Department
Adoption Assistance Eligibility Specialist based on the child’s eligibility for an Adoption Assistance subsidy.
Depending on whether the child is eligible for a subsidy or is at high-risk, the tribal agency must submit one or
more of the following, which is described in the Adoption Assistance Rate Determination and Application for
Tribal or Customary Adoptions (DCF-F-5159-E):
CANS Results 0-5 (DCF-F-2612-E) OR CANS Results 5-21 (DCF-F-2611-E)
Foster Care Uniform Rate Setting (DCF-F-CFS0834)
Determination of “High Risk” Status for Adoption Assistance (DCF-F-5284-E) and any attachments
required by this form
Review and Approval:
The Department Adoption Assistance Eligibility Specialist will review the submitted Adoption Assistance Rate
Determination and Application for Tribal or Customary Adoptions (DCF-F-5159-E) and make a decision based on
the Uniform Foster Care Rate Setting Policy to approve or deny the proposed Adoption Assistance rate, and
return the form with the decision to the tribal agency.
The Department Adoption Assistance Eligibility Specialist may deny the proposed rate if it is incorrect or if the
child does not meet the eligibility requirements for Adoption Assistance. If the rate was incorrectly calculated,
the tribal agency may resubmit the Adoption Assistance Rate Determination and Application for Tribal or
Customary Adoptions (DCF-F-5159-E) with corrected rate calculations for review.
STEP 2: ADOPTION ASSISTANCE AGREEMENT APPROVAL
Once an Adoption Assistance Rate Determination has been approved by the Department Adoption Assistance
Eligibility Specialist, the tribal agency may proceed with sections 6, 7, and 8 of the Adoption Assistance Rate
Determination and Application for Tribal or Customary Adoptions (DCF-F-5159-E) to approve the Adoption
Assistance Agreement.
Timing:
The tribal agency may complete Adoption Assistance Agreement
Approval documentation only after receiving approval of the
Adoption Assistance Rate Determination.
The Adoption Assistance Agreement Approval must be
completed, reviewed, and approved along with an Adoption
Assistance Agreement signed by the Department Adoption
Assistance Eligibility Specialist and all required parties to the
agreement prior to adoption or customary adoption finalization.
13
The Department recommends that the
tribal agency waits to schedule the
adoption hearing until the Adoption
Assistance Agreement is in effect—the
Adoption Assistance Agreement must
be in effect PRIOR to adoption
finalization.
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Preparation:
Once the tribal agency has received the approval of the Adoption Assistance Rate by the Department Adoption
Assistance Eligibility Specialist (section 5 of the Adoption Assistance Rate Determination and Application for
Tribal or Customary Adoptions (DCF-F-5159-E)), the tribal agency may prepare sections 6, 7, and 8 of the
Adoption Assistance Rate Determination and Application for Tribal or Customary Adoptions (DCF-F-5159-E) and
any additional required documentation. Section 6 describes the review and appeal rights that the proposed
adoptive parents have regarding Adoption Assistance eligibility and the Adoption Assistance rate. The tribal
agency must review this section with the proposed adoptive parents. Section 7 is the agreement of the
proposed adoptive parent(s) to the Adoption Assistance Rate. The tribal agency should present the approved
rate to the proposed adoptive parent(s) and ask them to sign section 7 of the Adoption Assistance Rate
Determination and Application for Tribal or Customary Adoptions (DCF-F-5159-E).
If the proposed adoptive parent(s) do not agree to the rate, they should not sign section 7 of the form, and the
tribal agency should discuss the rate with the proposed adoptive parent(s) and how the amount was calculated.
The proposed adoptive parent(s) may request a review of the rate or appeal the rate before the adoption or
customary adoption is finalized, except in specific limited circumstances described in Ch. DCF 50.17 Admin.
Code.
If the family does not agree with the rate, the tribal agency should review the rate and any information about
the child and family circumstances that may have impacted the rate determination. If the tribal agency
determines a new rate should be proposed, the tribal agency may resubmit an Adoption Assistance Rate
Determination to the Department Adoption Assistance Eligibility Specialist with the modified rate.
If the proposed adoptive parent(s) wish to request a review of the rate, they should not sign section 7 of the
Adoption Assistance Rate Determination and Application for Tribal or Customary Adoptions (DCF-F-5159-E) form
and should follow the request for review instructions within section 6 before the adoption or customary
adoption is finalized, except in specific limited circumstances described in Ch. DCF 50.17 Admin. Code.
If the proposed adoptive parent(s) wish to appeal the rate, they should not sign section 7 of the Adoption
Assistance Rate Determination and Application for Tribal or Customary Adoptions (DCF-F-5159-E) form and
should follow the appeal instructions within section 6 before the adoption or customary adoption is finalized,
except in specific limited circumstances described in Ch. DCF 50.17 Admin. Code.
If the proposed adoptive parent(s) agree to the Adoption Assistance rate, the proposed adoptive parent(s)
should sign section 7 and the tribal agency may continue to section 8 of the Adoption Assistance Rate
Determination and Application for Tribal or Customary Adoptions (DCF-F-5159-E), which includes completing
and attaching several additional documents:
Order for the Termination or Suspension of Parental Rights (court order specific to each tribe). This
order must terminate or suspend rights and transfer guardianship of the child to an adoption agency
(which includes a tribal agency).
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Health Insurance Information Form (F-10115), if applicable. This form provides information about the
proposed adoptive parent(s) health insurance if the child is to be added to their insurance postadoption.
The Adoption Assistance Agreement (DCF-F-CFS0074-E) is an agreement between the Department of
Children and Families and the adoptive or proposed adoptive parent(s). Its sets the amount of
assistance provided, the responsibilities of adoptive parent, the responsibilities of the Department, and
the circumstances when Adoption Assistance may be amended, terminated, or suspended. The tribal
agency should thoroughly review this Agreement and the requirements of the proposed adoptive
parent(s) with the proposed adoptive parent(s) at the time of signing. The tribal agency and proposed
adoptive parent(s) can sign the Adoption Assistance Agreement once the Adoption Assistance rate has
been approved and the proposed adoptive parent(s) agree to the rate in section 7 of the Adoption
Assistance Rate Determination and Application for Tribal or Customary Adoptions (DCF-F-5159-E).
It is recommended that the tribal agency keeps a copy of all documentation submitted with each part of the
Adoption Assistance Rate Determination and Application for Tribal or Customary Adoptions (DCF-F-5159-E). The
Department may request additional copies of this information as needed.
Submission:
The tribal agency must complete sections 6, 7, and 8 of the Adoption Assistance Rate Determination and
Application for Tribal or Customary Adoptions (DCF-F-5159-E) and attach all required documents (see above
section) for submission to the Department Adoption Assistance Eligibility Specialist. The Department
recommends the tribal agency waits to schedule the adoption hearing with the tribal court until the Adoption
Assistance Agreement is approved and in effect. If the tribal court does not wait for the Adoption Assistance
Agreement to be approved, the tribal agency must submit the complete Adoption Assistance Rate
Determination and Application for Tribal or Customary Adoptions (DCF-F-5159-E) and all required documents 60
days prior to the adoption finalization. If there is missing information, the tribal agency must get complete
documentation to the Department Adoption Assistance Eligibility Specialist as soon as possible to ensure the
Adoption Assistance Agreement is approved and signed prior to adoption finalization.
Review and Approval:
The Department Adoption Assistance Eligibility Specialist will review the submitted Adoption Assistance Rate
Determination and Application for Tribal or Customary Adoptions (DCF-F-5159-E). If additional information is
needed, the Department Adoption Assistance Eligibility Specialist will contact the tribal agency. Once completed
information is received and all requirements met, the Department Adoption Assistance Eligibility Specialist will
sign the Adoption Assistance Agreement. The Department Adoption Assistance Eligibility Specialist will mail the
signed copy to the proposed adoptive parent(s) and tribal agency.
The Department Adoption Assistance Eligibility Specialist must review, approve, and sign the Adoption
Assistance Agreement PRIOR to the adoption finalization. If the adoption is finalized prior to an Adoption
Assistance Agreement being fully signed by all parties and properly approved, Adoption Assistance may not be
provided, except in specific limited circumstances described in Ch. DCF 50.17 Admin. Code.
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The proposed adoptive parent(s) must adhere to the notification requirements agreed to under the Adoption
Assistance Agreement.
STEP 3: ADOPTION FINALIZATION AND POST ADOPTION
Once the Adoption Assistance has been approved and the Adoption Assistance
Agreement signed by the proposed adoptive parent(s), adoption agency (may
be a tribal agency), and Department Adoption Assistance Eligibility Specialist,
the adoption may be finalized. After the adoption finalization, the tribal
agency must submit the adoption or customary adoption order along with the
child’s full and final name to the Department Adoption Assistance Eligibility
Specialist.
The tribal agency MUST
send a copy of the
adoption or customary
adoption order after
adoption finalization.
The adoptive parent(s) must adhere to the notification requirements agreed to under the Adoption Assistance
Agreement.
One Time Reimbursement of Adoption Expenses:
The adoptive parent(s) may submit a request for a One Time Reimbursement of Adoption Expenses after the
adoption is finalized but within two years from the date of adoption finalization. Reimbursement for reasonable
and necessary adoption fees, court costs, attorney fees and other expenses directly related to the legal adoption
and which are not incurred in violation of state or federal law may be requested. Such costs may be reimbursed
up to a maximum of $2,000. For more information please refer to Reimbursable Expenses When Adopting
Children with Special Care Needs which can be found at:
https://dcf.wisconsin.gov/files/publications/pdf/0747.pdf
Post Adoption Resource Centers:
Adoptive parents may access the Wisconsin Post Adoption Resource Centers (PARC) in each region for resources
and assistance related to their adoption. Each regional Post Adoption Resource Center serves families in their
area by:
Providing education, support activities and services to adoptive families.
Improving community awareness of adoption, and promoting a positive image of adoption.
Establishing collaborative efforts among public and private organizations and the general public
Provides referrals for services for adoptive families, including:
o Day care and after school care
o Legal help
o Family counseling and support groups related to adoption
o Access to MA service providers
o Planning for the transition of an adopted child to adulthood
o Mental Health related issues
Contact information for each PARC may be found here: https://dcf.wisconsin.gov/map/adoption/parc.
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Adoption Assistance Amendments:
Adoptive parents may request a time-limited amendment to their child's monthly adoption assistance subsidy if
the adoptive parents believe the child’s special needs have increased since the time of adoption. A time-limited
amendment may be granted according to Ch. DCF 50 Admin. Code if all of the following criteria are met:
The adoptive parents have a signed Wisconsin Adoption Assistance Agreement in effect for their child,
It has been at least one year since the adoption was finalized or since the last amendment request was
denied,
The monthly adoption assistance subsidy is less than $2,000,
There is no final substantiation finding that the adoptive parent abused or neglected the child,
The child's special needs have increased since the time of adoption, and
The child is receiving less than the maximum allowable subsidy for special needs. The Amendment
Specialist can advise whether this is the case.
More information can be found in the Adoption Assistance Amendment Information brochure:
https://dcf.wisconsin.gov/files/publications/pdf/4063.pdf
17
DEPARTMENT OF CHILDREN AND FAMILIES
Division of Safety and Permanence
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Adoption Assistance Rate Determination and Application for Tribal or Customary Adoptions
Use of form: This form is required to submit to the Department of Children and Families (DCF) Adoption Assistance Eligibility Specialist by a
tribal agency when applying for Adoption Assistance while facilitating an adoption or customary adoption through tribal court. Personal
information your provide may be used for secondary purposes [Privacy Law, s. 15.04(1)m), Wisconsin Statutes. Provision of your social
security number (SSN) is voluntary; not providing it could result in an information processing delay.
Instructions: Complete this application in two parts. First complete sections 1-4. Submit those completed sections and applicable
attachments to the DCF AA Eligibility Specialist. The DCF AA Eligibility Specialist will return the form after reviewing and making a decision in
section 5. Once approved, complete sections 6, 7 and 8. Return the complete form and all applicable attachments to the DCF AA Eligibility
Specialist for approval of the Adoption Assistance Agreement. Forms may be found at https://dcf.wisconsin.gov/forms
SECTION 1: BASIC INFORMATION
Tribal Agency
Name – Tribal Agency
Name – Tribal Worker
Oneida Nation Family Services-Indian Child Welfare
Email Address—Tribal Worker
Telephone Number – Tribal Worker
Pre-Adoptive Child
Name – Child (Last, First, Middle)
Birthdate – Child(mm/dd/yyyy)
Address – Child (Street, City, State, Zip Code)
Sex– Child
M
F
Race – Child
Ethnicity – Child
Social Security Number – Child
Pre-Adoptive Parent 1
Name – Pre-Adoptive Parent 1 (Last, First, MI)
Address – Parent 1 (Street, City, State, Zip Code)
Birthdate – Parent 1 (mm/dd/yyyy)
Telephone Number – Parent 1
Same as Child
Race – Parent 1
Ethnicity – Parent 1
Pre-Adoptive Parent 2
Birthdate – Parent 2 (mm/dd/yyyy)
Name – Pre-Adoptive Parent 2 (Last, First, MI)
Address – Parent 2 (Street, City, State, Zip Code)
Telephone Number – Parent 2
Same as Child
Ethnicity – Parent 2
Race – Parent 2
Adoption Information
Type of Adoption:
Tribal Adoption (Termination of Parental Rights (TPR))
Customary Adoption (Suspension of Parental Rights (SPR))
County Currently Paying Foster Care Rate:
Yes
No
Tribal Court Terminating/Suspending
Rights and Completing Adoption:
Anticipated Adoption Date
(mm/dd/yyyy):
If Yes, County Has Agreement to Continue Paying Foster Care Rate post TPR or SPR:
Yes
No
Termination/Suspension of Parental Rights – Birth Mother:
Termination/Suspension of Parental Rights – Birth Father:
Termination of Parental Rights Date (mm/dd/yyyy):
Termination of Parental Rights Date (mm/dd/yyyy):
Suspension of Parental Rights Date (mm/dd/yyyy):
Suspension of Parental Rights Date (mm/dd/yyyy):
Has not occurred—scheduled date (required):
Has not occurred—scheduled date (required):
DCF-F-5159-E (R 12/2018)
SECTION 2: ADOPTION ASSISTANCE RATE ELIGIBILITY
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Does the child meet eligibility criteria for an Adoption Assistance Subsidy? If No, skip to Section 4: High Risk Determination
Yes, the child meets criteria for a subsidy (only one required, check all that apply):
The child is 10 years of age or older.
The child is a member of a sibling group of 3 or more children that must be placed together.
The child exhibits exceptional needs characteristics judged to be moderate or intensive under Ch. DCF 50 Admin Code.
The child belongs to a minority race and cannot be readily placed due to a lack of appropriate placement resources.
The child is an Indian child:
The child is a member of an Indian tribe OR
The child is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.
No, the child is only at high risk of developing a moderate or intensive level of exceptional adoption needs under s. DCF 56.11(3).
SECTION 3: ADOPTION ASSISTANCE SUBSIDY RATE DETERMINATION
If No in Section 2, skip Section 3 and proceed to Section 4: High Risk Determination
I hereby acknowledge that the Adoption Assistance Rate for the above child has been determined according to the Department’s Uniform
Foster Care Rate Setting Policy. The following are attached and I approve the proposed rate for the Adoption Assistance Initial Rate
Determination for the above proposed adoptive parents:
CANS Results 0-5 (DCF-F-2612-E) OR CANS Results 5-21 (DCF-F-2611-E)
Foster Care Uniform Rate Setting (DCF-F-CFS834)
SIGNATURE – Representative of the Tribal Agency
Date Signed
Skip to Section 5: Department Rate/High Risk Approval
SECTION 4: HIGH RISK DETERMINATION
If Yes in Section 2 and Section 3 is completed, skip to Section 5: Department Rate/High Risk Approval
I hereby acknowledge that the High Risk Determination for the above child has been completed and the following is attached:
Determination of “High Risk” Status for Adoption Assistance (DCF-F-5284-E)
Applicable supporting documentation as required on the Determination of “High Risk” Status for Adoption Assistance form
SIGNATURE – Representative of the Tribal Agency
Date Signed
SECTION 5: DEPARTMENT ELIGIBILITY AND RATE/HIGH RISK APPROVAL
This form must now be submitted to the DCF AA Eligibility Specialist for review and decision prior to moving on to the next
Sections of this form. Please send this form with the above completed and applicable attachments to the Department of Children
and Families Adoption Assistance Eligibility Coordinator by mail or email:
Mailing Address: 125 S Webster Street, P10, PO Box 8916, Madison, WI 53703
Email: AAEligibility@wisconsin.gov
To be completed by the Department of Children and Families Adoption Assistance Eligibility Coordinator:
The above application for the determination of the Adoption Assistance rate is hereby:
Approved
Amount Approved:
Not Approved
Reason Not Approved:
$
High Risk only, no subsidy
SIGNATURE –DCF AA Eligibility Specialist
Date Signed
ATTENTION: DO NOT CONTINUE TO SECTION 6 UNTIL THE DCF AA ELIGIBILITY SPECIALIST HAS RETURNED THIS FORM WITH
AN APPROVED RATE OR HIGH RISK DETERMINATION. ONCE RETURNED AND APPROVED, THE TRIBAL AGENCY MAY
PROCEED WITH SECTION 6 ON THE NEXT PAGE.
DCF-F-5159-E (R 12/2018)
2
ATTENTION: THE FOLLOWING SECTIONS MAY NOT BE COMPLETED UNTIL THE DCF AA ELIGIBILITY SPECIALIST
36 of 104 HAS
REVIEWED AND SIGNED SECTION 5 OF THIS FORM AND RETURNED IT TO THE TRIBAL AGENCY
SECTION 6: REVIEW AND APPEAL RIGHTS
The pre-adoptive parent(s) must review this section to understand review and appeal rights for the decision regarding the Adoption
Assistance eligibility/rate decision in section 5.
If you are dissatisfied with the decision regarding your application for Adoption Assistance, you have the right to request a review or to
appeal the decision PRIOR TO THE ADOPTION FINALIZATION, except in specific, limited, extenuating circumstances under Ch. DCF
50.17(3) Admin Code.
You may request a review or an appeal of the denial of eligibility for Adoption Assistance or the amount of the monthly adoption assistance
payment the Department has offered.
To request a review, write to the Division Administrator, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 537088916.
To request an appeal hearing before the division of hearings and appeals, write to the Division of Hearings and Appeals, P.O.
Box 7875, Madison WI 53707
We (I) understand my review and appeal rights as stated above.
INITIAL –Adoptive Parent 1
Date
INITIAL –Adoptive Parent 2
Date
SECTION 7: PARENT AGREEMENT TO THE RATE
Section 7 must be reviewed and signed by the pre-adoptive parent(s) prior to submission for approval (PLEASE NOTE THIS IS NOT THE
ADOPTION ASSISTANCE AGREEMENT):
The DCF AA Eligibility Specialist has reviewed and approved your Adoption Assistance Rate Determination at the following rate:
Amount Approved:
High Risk only, no subsidy
$
We (I) understand and agree that a determination of the eligibility for Adoption Assistance at the above rate will be made by the
Department of Children and Families, following the filing of this application and submission of this form and applicable documents, based
on information currently available regarding the child, and criteria pursuant to Ch. DCF 50 Admin. Code.
SIGNATURE –Adoptive Parent 1
Date
Signed
SIGNATURE –Adoptive Parent 2
Date
Signed
SECTION 8: ADDITIONAL ELIGIBILITY INFORMATION
Section 8 must be completed by the tribal agency:
The tribal agency has determined that the child cannot or should not return to the child’s parents for the following reasons:
The tribal agency has made an adoptive placement of the child following the termination or suspension of parental rights:
Yes.
Date of adoptive placement:
No. Explanation:
The tribal agency has guardianship of the child post termination or suspension of parental rights:
Yes.
Date assumed guardianship:
No. Explanation:
Did the agency inform the family of the adoption assistance program and ask if the proposed adoptive family is willing to adopt without
DCF-F-5159-E (R 12/2018)
3
adoption assistance? A request for adoption assistance shall not be a basis for removing a child from an adoptive home.37 of 104
Yes.
No. Explanation:
Will the adoptive parent(s) add the child to their private health insurance plan:
Yes. If yes, the Health Insurance Information Form (F-10115) MUST be included with this form.
No.
Did the agency make reasonable efforts to place with the best available family without adoption assistance (placement for adoption)?
Yes, efforts were made per Ch.
50.09(2)(a) Admin. Code by (check all
that apply):
Considering a number of
suitable families, including
relatives.
Contacting other adoption
agencies, photo-listed the child,
and worked with the adoption
information exchange.
OR
Registration Date:
No, an exception to making efforts because (check all that apply):
The child has developed significant emotional ties with the child’s foster
family and all of the following conditions are met:
•
•
The child identifies himself or herself as a member of the family.
The child is regarded by the foster parents, foster siblings,
community and school as belonging to the family.
•
The child has diminished probability of forming new attachments.
The proposed adoptive parents request adoption assistance for a child
placed in a proposed adoptive parents’ home for adoption without adoption
assistance if the child demonstrates a special need before the adoption is
finalized.
The tribal agency has attached the following forms:
Order for Termination or Suspension of Parental Rights
Health Insurance Information Form (F-10115), if applicable as noted above
Adoption Assistance Agreement (DCF-F-CFS0074-E) signed by the proposed adoptive parent(s) and the Adoption Agency
Tribal Agency Supervisor
I have reviewed the information on this form and confirm that it accurately reflects the child and family identified as it relates to
Adoption Assistance. All applicable documents are attached.
SIGNATURE – Tribal Agency Supervisor
Date
SECTION 9: DEPARTMENT APPROVAL
This form must now be submitted to the DCF AA Eligibility Specialist for review and approval of the Adoption Assistance
Agreement. Please send this form with the above completed and applicable attachments to the Department of Children and
Families Adoption Assistance Eligibility Specialist by mail or email:
Mailing Address: 125 S Webster Street, P10, PO Box 8916, Madison, WI 53703
Email: AAEligibility@wisconsin.gov
To be completed by the Department of Children and Families Adoption Assistance Eligibility Specialist:
In compliance with applicable state and federal law, I authorize Adoption Assistance in the amount of $
per month. It shall be
effective
and I hereby verify that the Adoption Assistance rate does not exceed the last foster care monthly rate paid, if applicable,
of $
. I have attached the signed Adoption Assistance Agreement. The family may proceed with adoption/customary adoption.
Please send a copy of the finalized Adoption/Customary Adoption Order with the adoption date and the child’s full adopted name.
SIGNATURE – DCF AA Eligibility Specialist
Date
ATTENTION: AFTER THE DCF AA ELIGIBILITY SPECIALIST HAS APPROVED THIS FORM, SIGNED THE
ADOPTION ASSISTANCE AGREEMENT, AND THE CHILD HAS BEEN ADOPTED, THE TRIBAL AGENCY
MUST PROVIDE THE SIGNED ADOPTION ORDER WITH THE DATE OF FINALIZATION AND THE CHILD’S
FULL ADOPTIVE NAME TO THE DCF AA ELIGIBILITY SPECIALIST.
DCF-F-5159-E (R 12/2018)
4
DEPARTMENT OF CHILDREN AND FAMILIES
Division of Safety and Permanence
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ADOPTION ASSISTANCE AGREEMENT
Personal information you provide may be used for secondary purposes [Privacy Law, s. 15.04(1)(m), Wisconsin Statutes].
The following agreement has been entered into by and between the Wisconsin Department of Children and Families, Division of Safety and
Permanence (hereinafter called the "department"), and
Name – Adoptive Parent 1 (First, Middle Initial, Last)
Name – Adoptive Parent 2 (First, Middle Initial, Last)
(hereinafter called the "adoptive parent(s)"), for the purpose of facilitating the legal adoption of
(hereinafter called the "adopted person"),
Birth Name – Child (First, Middle Initial, Last)
born on
and to aid the adoptive family in providing proper care for the adopted person.
(mm/dd/yyyy)
This document is the initial adoption assistance agreement. The adoptive parent(s) agree that he / she / they intend to adopt the child
named above and have signed this document prior to finalization of the adoption for the purposes of receiving adoption assistance
payments and / or services for the adopted person under Titles XIX and XX of the Social Security Act from the time of adoptive
placement.
This document replaces the initial adoption assistance agreement signed. It represents a redetermination of the adoption assistance
rate. The adoptive parent(s) agree that he / she / they intend to adopt the child named above and have signed this document prior to
finalization of the adoption for the purposes of receiving adoption assistance payments and / or services for the adopted person under
Titles XIX and XX of the Social Security Act from the time of adoptive placement.
This document is the initial adoption assistance agreement. The finalization of the adoption for the child named above has already
occurred. The Department of Hearings and Appeals has ordered the department to provide adoption assistance payments and / or
services for the adopted person under Titles XIX and XX of the Social Security Act from the date indicated on the Order. A copy of the
Order issued by the Department of Hearings and Appeals is attached to this agreement.
This document replaces the initial adoption assistance agreement. The finalization of the adoption for the child named above has
already occurred. The Department of Hearings and Appeals has ordered the department to provide an adoption assistance payment
other than the amount indicated on the original Adoption Assistance Agreement from the date indicated on the Order. A copy of the
Order issued by the Department of Hearings and Appeals is attached to this agreement.
PROVISIONS OF AGREEMENT
I.
Assistance
A.
Monthly Adoption Assistance
The amount of the monthly adoption assistance shall total $
per month.
The amount of this monthly adoption assistance is based on the needs of the adopted person and the circumstances of the
adoptive parent(s) and has been determined by mutual agreement between the adoptive parent(s) and the department. The
amount of adoption assistance shall not exceed the foster care maintenance payment for the adopted person if he / she was in
a foster home in the state of Wisconsin. Adjustments in the monthly adoption assistance amount may be made with the
concurrence of the adoptive parent(s) based on the needs of the child, or changes in the maximum allowable monthly adoption
assistance. Documentation of changes in the adopted person's needs or family circumstances may be required. If it is
determined by the department that an overpayment has been made to the adoptive parent(s), the department shall have
authority to collect the overpayment through a mutual agreement with the adoptive parent(s). If this results in an unsuccessful
collection, the department shall have authority to pursue other collection efforts.
B.
Medical Care
1.
Medical benefits as provided under Title XIX of the Social Security Act (Medicaid) will be available to the adopted person
in accordance with the procedures of the state in which the adopted person resides. The benefits provided through
Medicaid will vary from state to state and are subject to change based on federal and state legislation. If the adopted
person is not eligible for Medicaid in the state of residence, Wisconsin will provide Medicaid.
2.
Medicaid provides benefits when other insurance does not provide coverage. Documentation of changes in health and
other insurance may be required.
DCF-F-CFS0074-E (R. 01/2015)
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C.
Nonrecurring Adoption Expenses
The department agrees to reimburse the adoptive parent(s) for expenses that are reasonable and necessary for the adoption to
occur, subject to a maximum of $2,000. The expenses must: 1) directly relate to the legal adoption; 2) not be in violation of
state or federal law; and, 3) not have been reimbursed from other sources of funds. Reimbursement may only be requested
after adoption finalization. The request for reimbursement must be submitted within two years after the date of adoption
finalization.
D.
Social Services
Social services provided under Title XX of the Social Security Act will be available to the adopted person in accordance with the
procedures of the state in which the adopted person resides.
E.
Moving Out-Of-State
The adoptive parent(s) should notify the department of their new address. Any monthly adoption assistance will continue from
the State of Wisconsin. The department will refer the adopted person to the new residence state for eligibility to receive
Medicaid under Title XIX of the Social Security Act. The interests of the adopted person are protected through Wisconsin's
participation in the Interstate Compact on Adoption and Medical Assistance. If a needed service specified in the agreement is
not available in the new state or service area of residence, the State of Wisconsin remains financially responsible for providing
the specified service(s) while the adoption assistance agreement is in effect.
II.
Notification of Change
A.
It is the responsibility of the adoptive parent(s) to immediately notify the department for the duration of this agreement of the
following:
1.
2.
3.
4.
5.
Change in family's address
Change in the adopted person's legal guardian
Date adopted person enters military
Date of marriage of adopted person
Date adopted person is no longer in the home
6.
7.
8.
9.
Date of death of adopted person
Date of completion of high school
Change in health insurance benefits
Date adoptive parents are no longer supporting
adopted person or are no longer legally responsible to
support adopted person
Notification of any of the above circumstances should be provided to the department at:
Adoption Assistance Accountant
Division of Safety and Permanence
P.O. Box 8916
Madison, WI 53708-8916
III.
Toll Free Telephone Number: (866) 666-5532
Fax Number: (608) 422-7170
B.
Biannually, the department shall send written notification to adoptive parent(s) referencing the post-adoption responsibilities
specified in II. A. Notification shall include families who have moved out-of-state.
C.
The department shall send written notification to adoptive parent(s) of changes in adoption assistance or other program
requirements implemented as a result of state or federal law or policy change.
Discontinuance
Discontinuance shall occur in any of the following circumstances:
A.
This agreement shall discontinue upon the conclusion of the terms of this agreement.
B.
This agreement shall discontinue upon request of the adoptive parent(s).
C.
Adoption assistance shall discontinue when the adopted person reaches the age of 18, with the following exceptions:
D.
1.
Adoption assistance may continue up to age 19 if the adopted person is a full-time student in high school or the
equivalent.
2.
Adoption assistance may continue up to age 21 if all of the following is met: a) the adopted person is a full-time student in
high school or the equivalent; b) the department determines that the adopted person has a mental or physical handicap
which warrants the continuation of assistance under 42 USC 673; c) the adopted person is not eligible for other benefits
(e.g., SSI, SSA, VA); and, d) the adopted person otherwise lacks adequate resources to continue in high school or the
equivalent.
This agreement shall discontinue upon the adopted person's death, marriage, or entry into military service.
DCF-F-CFS0074-E (R. 01/2015)
2
E.
F.
IV.
This agreement shall discontinue upon the death of the adoptive parent in a single parent family or the death40ofofboth
104 adoptive
parents in a two parent family.
This agreement shall discontinue at the cessation of legal responsibility of the adoptive parent(s) for the adopted person.
G.
This agreement shall discontinue if the department determines that the adopted person is no longer receiving support from the
adoptive parent(s).
H.
This agreement shall discontinue if the agency having guardianship of the child removes the prospective adopted person from
the home of the prospective adoptive parent(s) prior to the finalization of the adoption.
I.
This agreement shall discontinue if adoption finalization does not occur prior to the child reaching the age of 18.
Appeal
The adoptive parent(s) may appeal the department's decision to change, reduce or terminate adoption assistance in accordance with
rules and procedures of the State's fair hearing and appeal process. Send a request for review of a decision to: Administrator,
Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916
A request for a fair hearing should be addressed to: Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875
V.
Special Provisions
This agreement shall remain in effect regardless of the state in which the adoptive parent(s) reside at any given time.
Under no circumstances shall the department use the provision of adoption assistance as a cause for monitoring family functioning
after the adoption is finalized.
The parties to this agreement certify that the information provided is true and complete to the best of their knowledge and belief. The
adoptive parent(s) understand that he / she / they may be asked to provide proof of eligibility for benefits and that giving false information
may result in discontinuance of adoption assistance and / or prosecution for fraud.
The adoptive parent(s) confirm that he / she / they have read and understand the terms of this agreement.
Initials of adoptive parent(s)
SIGNATURE – Adoptive Parent 1
Date Signed
SIGNATURE – Adoptive Parent 2
Date Signed
SIGNATURE – Agency Representative
Date Signed
SIGNATURE – Authorized Department
Representative
Date Signed
The name(s) / address of the parties to this agreement shall be released to the Foster Care and Adoption Resource Center in Wisconsin,
Adoption Resources of Wisconsin and to the appropriate post adoption resource center in Wisconsin. This will allow the party / parties to
this agreement to receive notification of new programs, available training, upcoming events or information about post placement services.
(Names / addresses will not be released to any other source.) If this is not agreeable, the party / parties to the agreement
must sign here.
The agency representative provided an original signed copy of this agreement to the adoptive parent(s) on
.
(mm/dd/yyyy)
DCF-F-CFS0074-E (R. 01/2015)
3
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida -nsn .gov
r-'\
000000
ONEIDA
AGENDA REQUEST FORM
I)
Request Date: September 2, 2020
2)
Contact Person(s): _T_in_a
_ J_o_rg_e_n_s_e_n______ ____
Dept: GSD-Economic Support
Phone Number: 490-3904
- - -- - - -- - --
Email: tjorgens@oneidanation.org
3)
Agenda Title: Community Support Law Amendment
4)
Detailed description of the item and the reason/justification it is being brought before the LOC:
Economic Support is requesting amendments to the Community Support
Law which will expand assistance for tribal members.
List any supporting materials included and submitted with the Agenda Request Form
l) Memo reviewed by M Gordon
5)
3) _ _ _ __ _ _ _ _ _ __
Please list any laws, policies or resolutions that might be affected:
Community Support Law
6)
Please list all other departments or person(s) you have brought your concern to :
Michelle Gordon, Attorney, Debbie Thundercloud, General Manager
7)
Do you consider this request urgent?
OYes
li]No
If yes, please indicate why:
I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by
the Legislative Operating Committee.
Signature of Requester:
cR'crt-
Digitally sig ned by Tin a Jorgense n, MS
Dale: 2020.09.0211 :10:54-05'00'
Please semi this form and all supporting materials to:
LOC@oneidanation.org
or
Legislative Operating Committee (LOC)
P.O. Box 365
Oneida, WI 54155
Phone 920-869-4376
A good mind. A good hea rt. A stro ng fi re.
42 of 104
MEMORANDUM:
To:
Tina Jorgensen, Governmental Services Division Director
From:
Delia Smith, Community Economic Support Director
Date:
September 2, 2020
Subject: Request to Amend Community Support Fund Rule Book, Law 125
Here are the changes for Community Support Fund. The proposed amendments would allow
tribal members to receive additional assistance through the Disability Endowment Program.
Community Support has an established foundation in place to supports the addition of the
Disability Endowment. Therefore, we are asking for an amendment to the specific rules and
Law to encompass the changes. As a GTC directive, the following amendments will capture
some of the unmet needs of the tribal membership. The funds to support the amendments would
be supported by the Disability Endowment funds that have been previously allocated by tribal
resolution.
We ask that the request for income verification be taken out of the law. None of the rules review
income as a basis for program eligibility.
IV. Emergency Non- Emergency Medical Travel pg. 5
Recommendation: Amend 4-5 (b) and add 2
4-5 b. Add; all new language
(1) Non-Emergency for local members with chronic serious medical needs may be
reimbursed to the applicant with valid receipt within 30 days of appointments. Once the
application is approved applicants within the reservation boundaries may receive
assistance directly from the program during regular business hours.
(2) Applicants traveling less than 60 miles one way may receive assistance or
reimbursement not to exceed $20.00 per week for verified chronic serious medical
appointments.
(3). Applicants within reservation boundaries traveling less than 60 miles one way will be
eligible to receive one monthly receive public or tribal bus passes for verified chronic
serious medical appointments.
43 of 104
IX. Medical Related Equipment, Supplies, Or Furniture pg. 12
Recommendation: Amend 9-7 and 9-10
9.7 Change $1000.00 to $2000.00
9-10 Change $1000.00 to $2000.00
XVI. Security Deposit Assistance pg. 20
Recommendation: Amend 16-1, 16.3 (b) & (d);
16.1 Strike out “residing in the State of Wisconsin”
16.3 (b) Strike out “in the State of Wisconsin”
(d) Strike out the whole sentence.
XVII. Social Security Disability Determination Shelter Assistance pg. 21
Recommendation: Amend 17-5
17.5 Strike out “twenty-four (24)” and replace with twelve (12)
There are four specific areas that we feel would be advantageous to review and amend.
""'
000000
A good mind. A good heart. A strong fire.
ONEIDA
44 of 104
Oneida Nation
~
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida·nsn.gov
=DCJODDO:
ONEIDA
AGENDA REQUEST FORM
I)
Request Date: September 16, 2020
2)
Contact Person(s): _D_a_v_id_P_._J_o_r_d_a_n_ _ _ _ _ _ __
Dept:OBC
Phone Number: 920-869-4364
Email: djordan1@oneidanation.org
3)
Agenda Title: Child Support Services
4)
Detailed description of the item and the reason/justification it is being brought before the LOC:
Tribal Sovereignty Constitution Preambles that state purpose of Nation
for its Members prosperity and self-sufficiency.
Child Support Services on Need-Basis ·where poverty to low-income,
single parent households, and homelessness would constitute child
support services to eradicate retaliation efforts and high-risk youth.
List any supporting materials included and submitted with the Agenda Request Form
Persot\o. I St4 teti11e.vtl- o~ CltJ,tLe~"'
4) frcJVvt i3. t'vf e f-o,uvt - s w,z •Hi
l) Oneida Nation Constitution
3)
Z) BC Resolution # 01-08-20-C
5)
Please list any laws, policies or resolutions that might be affected:
Clarify BC Resolution #01-08-20-C Para.5 to be enforced with Oneida Child Support.
6)
Please list all other departments or person(s) you have brought your concern to:
Ho-Chunk Nation Judiciary, Oneida Child Support
7)
Do you consider this request urgent?
!ilYes
0No
If yes, please indicate why:
Financial Relief
I, the undersigned, have reviewed the attached mate1ials, and understand that they are subject to action by
the Legislative Operating Committee.
Signature of Requester:
Please send this form ,md all supporti11g materials to:
LOC@oneidanation.org
or
Legislative Operating Committee (LOC)
P.O. Box 365
Oneida, WT 54155
Phone 920-869-4376
45 of 104
\Vednesday,September16,2020
To: Oneida Nation Business Committee, Agenda Request Form (LOC)
From: Brooke Metoxen-Smith
PO Box308
Oneida, \VI 54155
Bmetsrnith@gmail.com
Subject: Child Support Services
Complaint: Verify household income for "... support payments more equitable by ensuring
consistent treatment of persons in similar circumstances; make support payments based
on the real earning capability of parents; and improve the efficiency of child support
establishment and enforcement ... " BC Resolution #01-08-20-C, Para.5
Reference: "...to conserve and develop our common resources and to promote the welfare
of ourselves and our descendants, do hereby ordain and establish this Constitution... "
Constitution And By-Laws Of The Oneida Nation Preamble
Explanation: To uphold the Tribal Constitution on the welfare of its members (and
descendants) to be able to promote welfare for services. \\Then it is not needed, because
services may not be required for every tribal household, child support services should not
be needed so long as the child is taken care of. To take into account: Child Tax Credits,
Social Services, Employment from the child, and FEMA/Cares Act payments.
\\There the household is with two incomes and the class stratification is in a low-crime
neighborhood and education is up to standard, there is a low risk for delinquency so long
as the child is taken care of.
The support payments are for specific parents that should not be generalized due to
separation of parental relationships and resolved to be in single-parent households, low
income households, poverty or homelessness, and a blatant desire/need to improve
quality of life.
Currently - A single, Ho-Chunk Nation enrolled woman whose reputation and
upbringing has been in the Oneida colillilunity (half-blood descendent) cannot afford
cost of living alone to provide for her son. Since the father is able to provide, so be it. Full
rent, no vehicle, no employment, and the ability to not see past a probationary period due
to supervisory discretion with no real explanation in employment resume since an AAS
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46 of 104
Wednesday,SepteIIlber16,2020
degree froIIl College of Menorrlinee Nation in 2013. The percapita incoIIle is too high for
services with a child as a single parent - ($25 in EBT, able to receive free lunches at
school). Homelessness, high cost ofliving situations (tourist towns like Wisconsin Dells
provide high cost of living), while upholding a visitation schedule with over 300 rrliles
every other weekend so he would not have to pay child suppo1t (2008). Those situations
should be considered - the extent soIIleone will go to for not paying child support while
their child is in poverty conditions is a history to be accounted for. She has not received a
tax incoIIl.e credit or surplus of tax relief for having a child (the entire tiIIle she was with
claiIIling a child - every other year was claiIIled, and only on the father's years was there a
tax child surplus of IIl.oney [avg. $5000] because he kept a visitation schedule to not pay
child support and it was agreed to have every other year able to claiIIl the child on taxes.
When I go to court to get a visitation schedule (2020)- they do not hear the resolution
and continue with what I could be paying in child support fees instead. There is an
increase froIIl the only guaranteed incoIIl.e (Ho-Chunk Nation percapita) with 17% to
include a 30 hours a week at rrliniIIluIIl wage.
"...the aJilendIIlents to the Law IIlake updates to how child support obligations are
calculated in certain special circuIIlstances ... " BC Resolution #01-08-20-C, para.10.
I request a visitation schedule and aJil told that IIlediation services are available. The
father refuses. So, when can I get a visitation schedule to not have to pay child support?
There is no enforceIIlent and aJil told I have to go back into court again for a IIlodification
on placeIIlent of child.
Special cirCUIIlStances is the woIIlan is hoIIleless during those years as to not being able to
have a visitation schedule.
The inability to pay full rent on a single person incoIIle IIl.eans poverty level housing.
The father and child are financially stable and capable of IIl.aking their own IIloney.
This explanation is to suffice the parental obligations, financially and with its own
hardship prior to these aIIlendIIlents. It has not been supported as efficient with hoIIl.e
visits froIIl social workers to relieve IIlY parental duties as unable and have resulted in
capable.
Resolution: Every child support case is unique and diligently has records of child neglect,
abuse, and history on parental services received along with tax incoIIle verifications for
household incoIIle. This should also contain cost-of-living and quality of child's
educational deIIl.eanor. A good neighborhood with no proper parental decree is living the
2 of 4
47 of 104
\Vednesday,SepteD1ber16,2020
hardwork of another parent in poorer situations with the esteeill of iillpleillenting the
dire need to be successful in educational endeavors.
Since this is already stated in aillended resolutions for child support in BC Resolution #0108-20-C, I would like to inforill you that the Judicial Standard has not been reviewed as
their interpretation of the law to execute what is performed in their decision-Illaking that
is unconstitutional. The inclusion of one adapted aillendillent with disregard to the
entirety of it, for personal favor in gaining support in Oneida court. Judicial Review is
requested and needed.
This has affected Oneida Child Support by treating every child as incapable (maturity in
employment efforts for personal goods) and enforcing the stratification system of
wealthy, luxurious, comfortable lifestyles to suffocate the single person households to be
in debt to affect credit scores and reputation and relationship with child.
It should not also be required to support a child when it is not needed. Financial
obligation is not retaliation. Financial obligation is not a waiver for parental
responsibility.
The first and foreillost to be upheld is the Constitution of the Tribal Sovereignty towards
its individual members. Social Services is a paid service from Tribal Revenue - which
means that everyone is paying child support already. Those services have taken a
monetary value to provide employment and educative rehabilitation and services from
the collected revenue made by the Nation.
Then the individual employee pays another deduction for having a child support case.
Taxable.
State taxes are taken for services.
There is a substantial amount of money in welfare for services that they can utilize if they
desire help when there are tribal members of sovereign nations involved in the child
support case. They can apply just like everyone else does if they require assistance to
provide.
The Oneida Child Support \Vebsite also states that they have case loads appropriately
smaller than state and county cases. That available time should include these standards
and historical child welfare status inquiries to consider. It is possible to evaluate each case
individually.
Child Support is the ability to be there for the child in parental guidance, not monetary
value. The further we indebt ourselves for overpayment towards an obvious relief like
parenting skills and spending time with children - the less we improve by generation
after generation for relying on payments made for having children. The quality of our
children depreciates and the success rates of the blood quantum diminishes to be a
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vVednesday,Septen1ber16,2020
problem but more of an extinction. Family values and standards need real parents at
home and if I am paying for those services I am dissatisfied with those teachings being
disrespectful to the mother of the child without discipline. I demand results.
End.
4 of4
49 of 104
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54 155
BC Resolution # 01-08-20-C
Amendments to the Child Support Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Child Support law ('the Law") was adopted by the Oneida Business Committee through
resolution BC-06-24-09-B and amended by resolutions BC-02-24-10-G, BC-02-23-11-E,
BC-06-22-11-K, BC-10-10-12-C, BC-08-13-14-E, and
WHEREAS,
the purpose of the Law is to establish the legal responsibility of parents to provide
financially for their children's general well-being; make support payments more equitable
by ensuring consistent treatment of persons in similar circumstances; make support
payments based on the real earning capability of parents; and improve the efficiency of
child support establishment and enforcement; and
WHEREAS,
the Legislative Operating Committee worked collaboratively with representatives from the
Oneida Child Support Agency, Oneida Family Court, Oneida Police Department, and
Oneida Law Office to develop the amendments to this Law; and
WHEREAS,
. the amendments to the Law create a process to suspend or modify child support orders for
parents incarcerated for one hundred and eighty (180) days or more; and
WHEREAS,
the amendments to the Law update notice requirements and timelines for initiating an
action by the Agency, sending appointment letters for noncompliance, sending notice of
delinquency, sending notice of enforcement action, and sending income withholding
orders; and
WHEREAS,
the amendments to the Law clarify how the Family Court may redact addresses and
identifying information from court documents to ensure the safety of a party; and
WHEREAS,
the amendments to the Law make updates to how child support obligations are calculated
in certain special circumstances; and
WHEREAS,
the amendments to the Law update what constitutes a "substantial change in
circumstance" that warrants a modification of a child support order; and
50 of 104
BC Resolution# 01-08-20-C
Amendments to the Child Support Law
Page 2 of 2
WHEREAS,
the amendments to the Law repeal Child Support Law Rule No. 1 - Deviation from Child
Support and Child Support Law Rule No. 2 - Enforcement Tools and move the contents of
the rules into the body of the law itself; and
WHEREAS,
the amendments to the Law make other minor drafting revisions; and
WHEREAS,
in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact
statement were completed for the amendments to the Law; and
WHEREAS,
a public meeting on the proposed amendments to this Law was held on October 17, 2019,
in accordance with the Legislative Procedures Act, and the public comment period was
held open until October 24, 2019; and
WHEREAS,
the Legislative Operating Committee accepted, reviewed, and considered the public
comments received on November 6, 2019; and
NOW THEREFORE BE IT RESOLVED, that the amendments to the Child Support law are hereby adopted
and shall be effective on January 22, 2020.
BE IT FINALLY RESOLVED, that Child Support Law Rule No. 1 - Deviation from Child Support and Child
Support Law Rule No. 2 - Enforcement Tools are hereby repealed effective January 22, 2019.
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida
Business Committee is composed of 9 members of whom 5 members constitute a quorum; 7 members
were present at a meeting duly called, noticed and held on the ath day of January, 2020; that the forgoing
resolution was duly adopted at such meeting by a vote of 5 members for, 1 member against, and Omembers
not voting*; and that said resolution has not been rescinded or amended in any way.
Oneida Business Committee
*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."
51 of 104
CONSTITUTION AND BY-LAWS OF
THE ONEIDA NATION
We, the people of the Oneida Nation, grateful to Almighty God for his fostering care, in
order to reestablish our tribal organization, to conserve and develop our common resources
and to promote the welfare of ourselves and our descendants, do hereby ordain and establish
this Constitution.
This constitution serves as an affirmation of the Oneida Nation's sovereign status as an
independent Indian nation and the solemn trust relationship between this Nation and the
United States of America.
Article I-Territory
The jurisdiction of the Oneida Nation shall extend to the territory within the present confines
of the Oneida Reservation and to such other lands as may be hereafter added thereto within
or without said boundary lines under any law of the United States, except as otherwise
provided by law.
Article II-Membership
Section 1. The membership of the Oneida Nation shall consist of:
(a) All persons of Indian blood whose names appear on the membership roll of the
Oneida Nation in accordance with the Act of September 27, 1967 (81 Stat. 229), Public Law
90-93.
(b) Any child of a member of the Nation born between September 28, 1967, and the
effective date of this amendment, who is of at least one-fourth degree Indian blood, provided,
that, such member is a resident of the Reservation at the time of the birth of said child.
(c) All children who possess at least one-fourth degree Oneida blood are born after
the effective date of this amendment to members of the Nation who are residents of the
reservation at the time of said children's birth.
Section 2. The General Tribal Council shall have the power to promulgate ordinances
covering future membership and the adoption of new members.
Article ID-Governing Body
Section 1. The governing body of the Oneida Nation shall be the General Tribal Council
composed of all the qualified voters of the Oneida Nation.
Section 2. All enrolled members of the Oneida Nation who are eighteen (18) years of age or
over shall be qualified voters provided they present themselves in person at the polls on the
day of election.
1
52 of 104
Section 3. The qualified voters of the Oneida Nation shall elect from among the enrolled
Oneida Nation members age twenty-one (21) and over who physically reside in either Brown
or Outagamie Counties of Wisconsin by secret ballot (a) a chairman; (b) a vice-chairman; (c)
a secretary; (d) a treasurer; (e) and five councilmen. These shall constitute the Business
Committee and shall perform such duties as may be authorized by the General Tribal Council
A majority of the Business Committee including the chairman or vice-chairman shall
constitute a quorum of this body. Regular meetings of the Business Committee may be
established by resolution of the Business Committee. Special meetings of the Business
Committee shall be held upon a three-day advance notice by the chairman to all members
thereof or upon written request of a majority of the Business Committee stating the time,
place, and purpose of the meeting.
The General Tribal Council may at any regular special meeting fill any vacancies that
occur on the Business Committee for the unexpired term.
The General Tribal Council may at its discretion remove any official on the Business
Committee by a two-thirds majority vote at any regular or special meeting of the Tribal
Council, pursuant to a duly adopted ordinance. Such ordinance shall fix the specific causes
for removal and ensure that the rights of the accused are protected, including his receiving in
writing a statement of the charges against him and assurance on sufficient notice thereof
where he shall be afforded every opportunity to speak in his own defense.
Section 4. The General Tribal Council shall meet in January and July.
Section 5. The officials provided for in Section 3 of this Article shall be elected every three
years in the month of July on a date set by the General Tribal Council. The General Tribal
Council shall enact necessary rules and regulations governing the elections of tribal officials.
Section 6. The chairman or fifty (50) qualified voters may, by written notice, call special
meetings of the General Tribal Council. Seventy-five (75) qualified voters shall constitute a
quorum at any regular or special meeting of the General Tribal Council.
Article IV-Powers of the General Tribal Council
Section 1. Enumerated Powers. - The General Tribal Council of the Oneida Nation shall
exercise the following powers, subject to any limitations imposed by the statutes or the
Constitution of the United States:
(a) To negotiate with the Federal, State, and local governments.
(b) To employ legal counsel, the choice of counsel and fixing of fees.
2
53 of 104
(c) To veto any sale, disposition, lease or encumbrance of tribal lands, interests in
lands, or other tribal assets of the Nation.
(d) To advise with the Secretary of the Interior with regard to all appropriation
estimates or Federal projects for the benefit of the Oneida Nation prior to the submission of
such estimates to the Bureau of the Budget and to Congress.
(e) To manage all economic affairs and enterprises of the Oneida Nation.
(f) To promulgate and enforce ordinances, governing the conduct of members of the
Oneida Nation, providing for the manner of making, holding, and revoking assignments of
tribal land or interests therein, providing for the levying of taxes and the appropriation of
available tribal funds for public purposes, providing for the licensing of non-members coming
upon the reservation for purposes of hunting, fishing, trading, or other business, and for the
exclusion from the territory of the Nation of persons not so licensed and establishing proper
agencies for law enforcement upon the Oneida Reservation.
(g) To appoint committees, delegates, and officials deemed necessary for the proper
conduct of tribal business or relations.
(h) To charter subordinate organi7.ations for economic purposes and to delegate to such
organizations, or to any subordinate boards or officials of the Nation, any of the foregoing
powers, reserving the right to review any action taken by virtue of such delegated power.
(i) To adopt resolutions not inconsistent with this Constitution and the attached Bylaws, regulating the procedure of the Council itself and of other tribal agencies, tribal
officials, or tribal organizations of the Oneida Reservation.
Section 2. Future Powers. - The General Tribal Council may exercise such further powers as
may in the future be delegated to the Council by the Secretary of the Interior or any other
duly authorized official or agency of the State or Federal Government.
Section 3. Reserved Powers. - Any rights and powers heretofore vested in the Oneida Nation
but not expressly referred to in this Constitution shall not be abridged by this Article, but
may be exercised by the people of the Oneida Nation through the adoption of appropriate
By-laws and constitutional amendments.
Article V-Judiciary
Section 1. The General Tribal Council shall, by law, establish a judiciary to exercise the
judicial authority of the Oneida Nation.
Section 2. Any judiciary in operation prior to the effective date of this amendment to the
Constitution may be designated as the judiciary authorized under this article upon passage of
a resolution by the General Tribal Council. Such designation shall remain in full force and
effect until amended by General Tribal Council.
Article VI - Amendment
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Section 1. Amendment by the Oneida Business Committee. Amendments to this Constitution
and By-Laws may be proposed by the Oneida Business Committee. Proposed amendments
agreed to by eight members of the Oneida Business Committee, excluding the Chair, shall be
put before a meeting of the General Tribal Council. If a majority of the voting General
Tribal Council members vote in favor of the proposed amendment, the proposed amendment
shall be placed upon the ballot of the next General election or special election called for the
purpose to consider an amendment.
Section 2. Amendment by Petition. Amendment to this Constitution and By-Laws may be
proposed by petition of the members eligible to vote. Every petition shall include the full text
of the proposed amendment, and be signed by members eligible to vote, equal in number to
at least ten percent (10%) of the members eligible to vote. Petition with the requisite number
of signatures may be put before the Oneida people for their approval or rejection at the next
general election, except when the Oneida Business Committee or General Tribal Council
orders a special election for the purpose. Such petitions shall be filed with the person
authorized by law to receive the same at least ninety (90) days before the election at which
the proposed amendment is to be voted upon. Any such petition shall be in the form, and
shall be signed and circulated in such manner, as prescribed by Oneida law. The person
authorized by law to receive such petition shall upon its receipt determine, as provide by law,
the validity and sufficiency of the signatures on the petition, and make an official
announcement thereof at least sixty (60) days prior to the election at which the proposed
amendment is to be voted upon. Any amendment proposed by such petition shall be
submitted, not less than ninety (90) days after it was filed, to the next general or special
election called for the purpose to consider an amendment.
Section 3. Any proposed amendment, existing provision of the Constitution and By-Laws
which would be altered or abrogated thereby, and the question as it shall appear on the ballot
shall be published in full as provided by Oneida Law. Copies of such publications shall be
prominently posted in each polling place, at Tribal administration offices, and furnished to
news media as provided Oneida law.
The ballot to be used in such election shall contain a statement of the purpose of the
proposed amendment, expressed in not more than one hundred (100) words, exclusive of
caption. Such statement of purpose and caption shall be prepared by the person who is so
authorized by Oneida law, and shall consist of a true and impartial statement of the purpose
of the amendment in such language as to create no prejudice for or against the proposed
amendment.
If the proposed amendment is approved by sixty-five percent (65%) of the members eligible to
vote who presented themselves at the polls and voted on the question, it shall become part of
the Oneida Constitution and By-Laws, and shall abrogate or amend existing provisions of the
Constitution and By-Laws at the end of thirty (30) days after submission of the final election
report as directed law. If two or more amendments approved by the voters at the same
election conflict, the amendment receiving the highest affirmation vote shall prevail.
Article VII-Bill of Rights
All members of the Nation shall be accorded equal opportunities to participate in the
economic resources and activities of the Nation. All members of the tribe may enjoy, without
4
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hindrance, freedom of worship, conscience, speech, press, assembly, association and due
process of law, as guaranteed by the Constitution of the United States.
5
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BY-LAWS OF THE ONEIDA NATION
Article I-Duties of Officers
Section 1. Chairman of Council. - The Chairman of the Council shall preside over all
meetings of the Council, shall perform the usual duties of a Chairman, and exercise any
authority delegated to him by the Council. He shall vote only in the case of a tie.
Section 2. Vice-Chairman of Council. - The Vice-Chairman shall assist the Chairman when
called upon to do so and in the absence of the Chairman, he shall preside. When so
presiding, he shall have all the rights, privileges and duties as well as the responsibilities of
the Chairman.
Section 3. Secretary of the Council. - The Secretary of the Tribal Council shall conduct all
tribal correspondence and shall keep an accurate record of all matters transacted at Council
meetings. It shall be his duty to submit promptly to the Superintendent of the jurisdiction,
and the Commissioner of Indian Affairs, copies of all minutes of regular and special meetings
of the Tribal Council.
Section 4. Treasurer of Council. - The Treasurer of the Tribal Council shall accept, receive,
receipt for, preserve and safeguard all funds in the custody of the Council, whether they be
tribal funds or special funds for which the Council is acting as trustee or custodian. He shall
deposit all funds in such depository as the Council shall direct and shall make and preserve a
faithful record of such funds and shall report on all receipts and expenditures and the amount
and nature of all funds in his possession and custody, at each regular meeting of the General
Tribal Council, and at such other times as requested by the Council or the business
committee.
He shall not pay out or otherwise disburse any funds in his possession or custody,
except in accordance with a resolution duly passed by the Council.
The Treasurer shall be required to give a bond satisfactory to the Council and to the
Commissioner of Indian Affairs.
Section 5. Appointive Officers. - The duties of all appointive boards or officers of the
Community shall be clearly defined by resolutions of the Council at the time of their creation
or appointment. Such boards and officers shall report, from time to time as required, to the
Council, and their activities and decisions shall be subject to review by the Council upon the
petition of any person aggrieved.
Article II-Ratification of Constitution and By-laws
This Constitution and these By-laws, when adopted by a majority vote of the voters of the
Oneida Nation voting at a special election called by the Secretary of the Interior, in which at
least 30 per cent of those entitled to vote shall vote, shall be submitted to the Secretary of
the Interior for his approval, and shall be effective from the date of such approval. 7
6
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Adoption Dates
-Original Constitution adopted November 14, 1936 by Oneida Tribe. Approved by the
Secretary of the Interior December 21, 1936.
-Amended June 3, 1939, approved June 15, 1939.
-Amended October 18, 1969, approved November 28, 1969.
-Amended June 14, 1969, approved August 25, 1969.
-Amended June 14, 1969, approved August 25, 1969.
-Amended June 14, 1969, approved, August 25, 1969.
-Amendment X approved June 16, 2015, notice received June 24, 2015
-Amendment XI approved June 16, 2015, notice received June 24, 2015
-Amendment XII approved June 16, 2015, notice received June 24, 2015
-Amendment XIII approved June 16, 2015, notice received June 24, 2015
-Amendment XIV approved June 16, 2015, notice received June 24, 2015
7
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
"
:OOODIXJ=
ONEIDA
AGENDA REQUEST FORM
I)
2)
Request Date: September 24, 2020
Contact Person(s): Clarissa N. Santiago
Dept: Legislative Reference Office
Phone Number: (920) 869-4417
3)
Email: csantia1@oneidanation.org
Agenda Title: Layoff Policy Amendments
4) Detailed description of the item and the reason/justification it is being brought before the LOC:
During a LOC work session on September 24, 2020, the LOC determined
that the Layoff Policy, and relevant COVID-19 declarations and SOPs,
should be revie·vVed and amendments should be made to the Layoff
Policy to ensure that the I ayoff Policy can be used in the future in a clear
and consistent manner.
List any supporting materials included and submitted with the Agenda Request Form
l)~
3)~
4)~
2)~
5)
Please list any laws, policies or resolutions that might be affected:
6) Please list all other departments or person(s) you have brought your concern to:
7) Do you consider this request urgent?
0Yes
[ii No
If yes, please indicate why: ,
I, the undersigned, have review the attached materials, and understand that they are subject to action by
the Legislative Operating C
itt .
01'
Legislative Operating Committee (LOC)
P.O. Box365
Oneida, WI 54155
Phone 920-869-4376
A good mind. A good heart. A strong fire.
59 of 104
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
"
:000000
ONEIDA
AGENDA REQUEST FORM
1)
2)
Request Date: September 24, 2020
Contact Person(s): Clarissa N. Santiago
Dept: Legislative Reference Office
Phone Number: (920) 869-4417
Email: csantia 1@oneidanation.org
3)
Agenda Title: Furlough Law Amendments
4)
Detailed description of the item and the reason/justification it is being brought before the LOC:
During a LOC work session on September 24, 2020, the LOC determined
that the Furlough law, and relevant COVID-19 declarations and SOPs,
should be revie1;ved and amendments should be made to the Furlough
law to ensure that the Furlo1Jgh law can be 11sed in the future in a clear
and consistent manner.
List any supporting materials included and submitted with the Agenda Request Form
3)~
1)~
4)~
2)~
5)
Please list any laws, policies or resolutions that might be affected:
6) Please list all other departments or person(s) you have brought your concern to:
7) Do you consider this request urgent?
DYes
[i]No
If yes, please indicate why:
I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by
the Legislative Operating Com ttee.
Signature of Requester:
or
Legislative Operating Committee (LOC)
P.O. Box 365
Oneida, WI 54155
Phone 920-869-4376
A good mind. A good heart. A strong fire.
60 of 104
Oneida Nation
HANDOUT
"
Oneida Business Committee
Legislative Operating Committee
=ODDDDD=
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneid a-nsn .gov
AGENDA REQUEST FORM
1)
Request Date: September 24, 2020
2)
Contact Person(s): Clarissa N. Santiago
Dept: Legislative Reference Office
Email: csantia1@oneidanation.org
Phone Number: (920) 869-4417
3)
Agenda Title: Misappropriation of Funds Law
4)
Detailed description of the item and the reason/justification it is being brought before the LOC:
_
At the 8/26/20 OBC meeting there was a discussion regarding outstanding employment related misappropriation of
funds. The Nation has been unable to prosecute, take action to recover funds, press charges or place anything in the
personnel record for future employment considerations. The OBC recommended that the LOC consider developing a law
that could strengthen the Nation's response to the misappropriation of funds. On 9/24/20 the LOC reviewed this request
and decided to pursue the development of a Misappropriation of Funds law.
List any supporting materials included and submitted with the Agenda Request Form
1)~
2)
~
3)
~
~
4)~
~
5)
Please list any laws, policies or resolutions that might be affected:
6)
Please list all other departments or person(s) you have brought your concern to:
7)
Do you consider this request urgent?
DYes
Ii] No
If yes, please indicate why:
I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by
the Legislative Operating Co
ttee.
Signature of Requester:
LOC@oneidanation.org
or
Legislative Operating Committee (LOC)
P.O. Box 365
Oneida, WI 54155
Phone 920-869-4376
A good mind. A good heart. A strong fire.
61 of 104
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
Oneida Nation Community
David P. Jordan, Legislative Operating Committee Chairperson
October 7, 2020
2017-2020 LOC Active Files List: Outstanding Items Review
The Legislative Operating Committee Bylaws require that any outstanding legislation at the end
of a term be presented for consideration to the newly elected Legislative Operating Committee
within sixty (60) days after the new Legislative Operating Committee takes office.
At the end of the 2017-2020 legislative term, the following twenty-eight (28) outstanding
legislative items remained on the Active Files List:
Attorney Contract Policy Amendments
Code of Ethics Law Amendments
Environmental Review Law
Guardianship Law
Industrial Hemp Law
Oneida Nation Emergency Planning
Committee Bylaws Amendments
Oneida General Welfare Law
Oneida Land Commission Bylaws
Amendments
Petition: M. Debraska – Increase GTC
Stipend
Rules of Civil Procedure Law
Amendments
Real Property Law Emergency
Amendments
Tribal Institutional Review Board Law
Tribal Traffic Code
Work Visas Law
Business Corporations Law
Drug and Alcohol Free Law for Elected
and Appointed Officials
Emergency Management and Homeland
Security Law Emergency Amendments
Investigative Leave Policy Amendments
Law Enforcement Ordinance Amendments
Oneida Personnel Policies and Procedures
Amendments
Oneida Higher Education Pandemic Relief
Fund Law Emergency Amendments
Oneida Trust Enrollment Committee
Bylaws Amendments
Public Peace Law
Recycling and Solid Waste Disposal Law
Amendments
Sanctions and Penalties Law
Taxation Law
Wellness Court Law
Workplace Violence Law Amendments
On September 24, 2020, the Legislative Operating Committee reviewed all outstanding items on
the Active Files List from the 2017-2020 term. The Legislative Operating Committee determined
that the following twenty-three (23) legislative items would be carried over and added to the Active
Files List for the 2020-2023 legislative Term:
Business Corporations Law
Code of Ethics Law Amendments
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Drug and Alcohol Free Law for Elected
and Appointed Officials
Environmental Review Law
Industrial Hemp Law
Law Enforcement Ordinance
Amendments
Oneida Higher Education Pandemic
Relief Fund Law Amendments
Oneida Personnel Policies and
Procedures Amendments
Petition: M. Debraska – GTC Stipend
Increase
Real Property Law Amendments
Sanctions and Penalties Law
Taxation Law
Workplace Violence Law
Emergency Management and Homeland
Security Law Amendments
Guardianship Law
Investigative Leave Policy Amendments
Oneida General Welfare Law
Oneida Nation Emergency Planning
Committee Bylaws Amendments
Oneida Trust Enrollment Committee
Bylaws Amendments
Public Peace Law
Recycling and Solid Waste Disposal Law
Amendments
Traffic Law
Wellness Court Law
For the remaining outstanding items that the Legislative Operating Committee chose not to carry
over to the 2020-2023 term and add to the Active Files List, correspondence will be sent to the
original requestor informing them of this decision.
A request for the development of legislation may be submitted to the Legislative Operating
Committee at any time. In accordance with section 109.5-1 of the Legislative Procedures Act, any
interested person may submit a written request to the Legislative Reference Office for legislation.
Upon receiving such a request, the Legislative Operating Committee is then required to review the
request at its next duly called meeting.
For more information about how to submit a request to the Legislative Operating Committee,
please contact the Legislative Reference Office at (920) 869-4417 or by e-mail at
LOC@oneidanation.org.
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ONEIDA
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August 24, 2020, Legislative Operating Committee E-Poll
Approval of Emergency Amendments to the Oneida Higher Education
Pandemic Relief Fund Law
Good Morning Legislative Operating Committee,
This e-mail serves as the e-poll for the approval of the emergency amendments to the Oneida Higher
Education Pandemic Relief Fund law.
EXECUTIVE SUMMARY
Emergency amendments to the Oneida Higher Education Pandemic Relief Fund law (“the Law”) are being
sought to clarify the intent of the Law and ensure proper effectuation of the Law. The Law was adopted
by the Oneida Business Committee on an emergency basis through resolution BC-08-12-20-E to create the
Oneida Higher Education Pandemic Relief Fund to assist eligible Tribal members enrolled as students in
higher education institutions for the 2020 Fall Term. [10 O.C. 1003.1-1]. The emergency amendments to
the Law will:
Add a definition for “accredited” [10 O.C. 1003.3-1(a)];
Revise the definition for “higher education institution” so it is clarified that the higher education
institution must be accredited [10 O.C. 1003.3-1(e)];
Include transportation costs in the definition for “room and board” [10 O.C. 1003.3-1(i)]; and
Clarify that all student expenses shall be paid directly to the student, whom shall be responsible
for maintaining and submitting receipts or other proof of expenditures by December 15, 2020.
[10 O.C. 1003.4-2(c)].
The Oneida Business Committee is delegated the authority to temporarily enact emergency legislation
when legislation is necessary for the immediate preservation of the public health, safety, or general
welfare of the Reservation population, and the amendment of the legislation is required sooner than
would be possible under the Legislative Procedures Act. [1 O.C. 109.9-5]. A fiscal impact statement and
public meeting are not required for emergency amendments to a law of the Nation. [1 O.C. 109.9-5(a)].
The adoption of emergency amendments to this Law is necessary for the preservation of the general
welfare of the Reservation population. The emergency amendments to the Law are necessary to clarify
the intent of the Law and ensure proper effectuation of the law. The Oneida Higher Education Pandemic
Relief Fund was created to assist eligible Tribal members enrolled as students in higher education
institutions with funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act Coronavirus
Relief Funds (CRF) in order to meet the higher education needs of its students during the COVID-19 Public
Health Emergency. The emergency amendments to the Law shall ensure that the Oneida Higher Education
Pandemic Relief Fund is utilized for students at accredited higher education institutions, and better meets
the needs of students of the Nation by including transportation costs, and clarifying that all student
expenses, not just room and board and classroom requirements, shall be paid directly to the student,
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whom shall be responsible for maintaining and submitting receipts or other proof of expenditures by
December 15, 2020.
Additionally, observance of the requirements under the Legislative Procedures Act for the adoption of the
amendments to this Law would be contrary to public interest. The 2020 Fall Term for many higher
education institutions begins in a couple weeks and the process and requirements of the Legislative
Procedures Act cannot be completed in time to ensure that the Oneida Higher Education Pandemic Relief
Fund law can be amended to best meet the needs of students during the 2020 Fall Term.
The emergency amendments to this Law will become effective immediately upon adoption by the Oneida
Business Committee and will remain in effect for six (6) months. There will be one (1) opportunity to
extend the emergency amendments to this Law for an additional six (6) month period. [1 O.C. 109.95(b)].
An e-poll is necessary for this matter because the Legislative Operating Committee has canceled all
meetings due to the COVID-19 pandemic, and immediate action is required by Legislative Operating
Committee to approve the materials for the emergency amendments to the Oneida Higher Education
Pandemic Relief Fund law so that the emergency amendments can be submitted to the Oneida Business
Committee for consideration.
REQUESTED ACTION
Approve the Oneida Higher Education Pandemic Relief Fund law emergency amendments
adoption packet and forward to the Oneida Business Committee.
DEADLINE FOR RESPONSE
August 24, 2020 at 4:30 p.m.
All supporting documentation has been attached to this email for your convenience.
E-POLL RESULTS:
The e-poll was approved by Ernest Stevens III, David P. Jordan, Jennifer Webster, Kirby Metoxen, and
Daniel Guzman King.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
Oneida Business Committee
David P. Jordan, LOC Chairperson
August 24, 2020
Emergency Amendments to the Oneida Higher Education Pandemic Relief Fund
Law
Please find the following attached backup documentation for your consideration of the emergency
amendments to the Oneida Higher Education Pandemic Relief Fund law:
1. Resolution: Emergency Amendments to the Oneida Higher Education Pandemic Relief
Fund Law
2. Statement of Effect: Emergency Amendments to the Oneida Higher Education Pandemic
Relief Fund Law
3. Oneida Higher Education Pandemic Relief Fund Law Emergency Amendments Legislative
Analysis
4. Oneida Higher Education Pandemic Relief Fund Law Emergency Amendments (Redline)
5. Oneida Higher Education Pandemic Relief Fund Law Emergency Amendments (Clean)
Overview
The Oneida Higher Education Pandemic Relief Fund law (the “Law”) was adopted by the Oneida
Business Committee on an emergency basis through resolution BC-08-12-20-E to create the
Oneida Higher Education Pandemic Relief Fund to assist eligible Tribal members enrolled as
students in higher education institutions for the 2020 Fall Term. [10 O.C. 1003.1-1]. The Oneida
Higher Education Pandemic Relief Fund law:
Provides the guidelines and requirements for use of the Oneida Higher Education Pandemic
Relief Fund [10 O.C. 1003.4];
Describes the presumption of need and the General Test to be used to determine General
Welfare Exclusion [10 O.C. 1003.5];
Provides that the Nation allocate funds to the Oneida Higher Education Pandemic Relief
Fund only from monies it received pursuant to the Coronavirus Relief Funds (CRF), and
that this program is dependent on availability of funding from the CRF. [10 O.C. 1003.6].
Emergency amendments to the Law are being sought to clarify the intent of the Law and ensure
proper effectuation of the Law. The emergency amendments to the Law will:
Add a definition for “accredited” [10 O.C. 1003.3-1(a)];
Revise the definition for “higher education institution” so it is clarified that the higher
education institution must be accredited [10 O.C. 1003.3-1(e)];
Include transportation costs in the definition for “room and board” [10 O.C. 1003.3-1(i)];
and
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67 of 104
Clarify that all student expenses shall be paid directly to the student, whom shall be
responsible for maintaining and submitting receipts or other proof of expenditures by
December 15, 2020. [10 O.C. 1003.4-2(c)].
In response to the outbreak of the COVID-19 pandemic, on March 12, 2020, in accordance with
the Emergency Management and Homeland Security law, Chairman Tehassi Hill signed a
“Declaration of Public Health State of Emergency” regarding COVID-19 which declared a Public
Health State of Emergency for the Nation until April 12, 2020, and provided the necessary
authority should action need to be taken and allowed the Nation to seek reimbursement of
emergency management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. This
declaration of a Public Health State of Emergency was extended by the Oneida Business
Committee until September 11, 2020, through the adoption of resolutions BC-03-28-20-A, BC05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, and BC-08-06-20-A.
On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer at
Home” declaration which prohibited all public gatherings of any number of people and ordered all
individuals present within the Oneida Reservation to stay at home or at their place of residence,
with certain exceptions allowed. On April 21, 2020, the COVID-19 Core Decision Making Team
issued an “Updated Safer at Home” declaration which allowed for gaming and golf operations to
resume. Then on May 19, 2020, a “Safer at Home Declaration, Amendment, Open for Business”
declaration was issued which directed that individuals within the Oneida Reservation should
continue to stay at home, businesses could re-open under certain safer business practices, and
social distancing should be practiced by all persons. The COVID-19 Core Decision Making Team
most recently issued a “Stay Safer at Home” declaration on June 10, 2020, which lessened the
restrictions of the “Safer at Home Declaration, Amendment, Open for Business” while still
providing guidance and some restrictions.
On April 8, 2020, the Oneida Business Committee adopted resolution BC-04-08-20-C titled, “Tier
V Budget Contingency Declared for Remainder of Fiscal Year 2020.” This resolution adopted Tier
V budget reductions from the Budget Contingency Plan in accordance with the Budget
Management and Control law, which included five percent (5%) mandatory budget cuts across the
Nation and reduction of all funding to essential services only. The Oneida Business Committee
also adopted resolution BC-04-08-20-G titled, “Reducing the General Tribal Council Higher
Education Scholarship Payments for FY2020 and FY2021.” This resolution provided that the
General Tribal Council Higher Education Scholarship shall be reduced to five thousand dollars
($5,000) per year.
The Oneida Business Committee is delegated the authority to temporarily enact emergency
legislation when legislation is necessary for the immediate preservation of the public health, safety,
or general welfare of the Reservation population, and the amendment of the legislation is required
sooner than would be possible under the Legislative Procedures Act. [1 O.C. 109.9-5]. A fiscal
impact statement and public meeting are not required for emergency amendments to a law of the
Nation. [1 O.C. 109.9-5(a)].
The adoption of emergency amendments to this Law is necessary for the preservation of the
general welfare of the Reservation population. The emergency amendments to the Law are
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ONEIDA
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necessary to clarify the intent of the Law and ensure proper effectuation of the law. The Oneida
Higher Education Pandemic Relief Fund was created to assist eligible Tribal members enrolled as
students in higher education institutions with funding from the Coronavirus Aid, Relief, and
Economic Security (CARES) Act Coronavirus Relief Funds (CRF) in order to meet the higher
education needs of its students during the COVID-19 Public Health Emergency. The emergency
amendments to the Law shall ensure that the Oneida Higher Education Pandemic Relief Fund is
utilized for students at accredited higher education institutions, and better meets the needs of
students of the Nation by including transportation costs, and clarifying that all student expenses,
not just room and board and classroom requirements, shall be paid directly to the student, whom
shall be responsible for maintaining and submitting receipts or other proof of expenditures by
December 15, 2020.
Additionally, observance of the requirements under the Legislative Procedures Act for the
adoption of the amendments to this Law would be contrary to public interest. The 2020 Fall Term
for many higher education institutions begins in a couple weeks and the process and requirements
of the Legislative Procedures Act cannot be completed in time to ensure that the Oneida Higher
Education Pandemic Relief Fund law can be amended to best meet the needs of students during
the 2020 Fall Term.
The emergency amendments to this Law will become effective immediately upon adoption by the
Oneida Business Committee and will remain in effect for six (6) months. There will be one (1)
opportunity to extend the emergency amendments to this Law for an additional six (6) month
period. [1 O.C. 109.9-5(b)].
Requested Action
Approve the Resolution: Emergency Amendments to the Oneida Higher Education Pandemic
Relief Fund Law
Page 3 of 3
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ONEIDA
Oneida Nation
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Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution #
Emergency Amendments to the Oneida Higher Education Pandemic Relief Fund Law
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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
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.