# Oneida Business Committee (2020) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A834b309bfcd79417 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 104 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ~ 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. 2 of 104 Oneida Nation ~ 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 OOODDD= A good mind. A good heart. A strong fire. Legislative Operating Committee Meeting Minutes of August 19, 2020 Page 1 of 6 ONEIDA 3 of 104 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 Page 2 of 6 4 of 104 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 Page 3 of 6 5 of 104 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 Page 4 of 6 6 of 104 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 Page 5 of 6 7 of 104 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 Page 6 of 6 8 of 104 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 Page 1 of 1 ~ ONEIDA 9 of 104 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. Page 1 of 1 10 of 104 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. Page 1 of 2 A good mind. A good heart. A strong fire. 11 of 104 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 Page 2 of 3 ""' 000000 A good mind. A good heart. A strong fire. ONEIDA 12 of 104 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. Page 3 of 4 13 of 104 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 14 of 104 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 18 of 104 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. 19 of 104 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; 3 20 of 104  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. 4 21 of 104  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. 5 22 of 104 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. 6 23 of 104 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 7 24 of 104 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). 25 of 104 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. 9 26 of 104 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 27 of 104 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. 11 28 of 104 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). 12 29 of 104 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. 30 of 104 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). 14 31 of 104   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. 15 32 of 104 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. 16 33 of 104 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 34 of 104 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 35 of 104 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 38 of 104 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) 39 of 104 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 41 of 104 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 1 of4 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 3 of 4 48 of 104 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A834b309bfcd79417. Public record. Not legal advice.