# Oneida Business Committee (2019) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ab79a3c0d2460b4bc ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 148 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 Executive Conference Room-2nd Floor Norbert Hill Center August 7, 2019 9:00 a.m. I. Call to Order and Approval of the Agenda II. Minutes to be Approved July 17, 2019 LOC Meeting Minutes (pg. 2) III. Current Business 1. Curfew Law (pg. 4) 2. Child Support Amendments (pg. 32) IV. New Submissions 1. Children’s Burial Fund Policy Amendments (pg. 128) V. Additions VI. Administrative Updates 3. FY 19 Third Quarterly LOC Report (pg. 136) VII. Executive Session VIII. Recess/Adjourn A good mind. A good heart. A strong fire. 2 of 148 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 July 17, 2019 9:00 a.m. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King Excused: Jennifer Webster, Ernest Stevens III Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Jennifer Falck, Kristen Hooker, Leyne Orosco, Rae Skenandore, Lee Cornelius, Michelle Gordon I. Call to Order and Approval of the Agenda David P. Jordan called the July 17, 2019 Legislative Operating Committee meeting to order at 9:00 a.m. Motion by Kirby Metoxen to adopt the agenda; seconded by Daniel Guzman King. Motion carried unanimously. II. Minutes to be Approved Motion by Daniel Guzman King to approve the June 19, 2019 Legislative Operating Committee meeting minutes and forward to the Oneida Business Committee for consideration; seconded by Kirby Metoxen. Motion carried unanimously. III. Current Business 1. Curfew Law (1:15-4:06) Motion by Kirby Metoxen to approve the memorandum regarding the Curfew Law financial impact statement dated July 17, 2019; seconded by Daniel Guzman King. Motion carried unanimously. Motion by Kirby Metoxen to amend the June 13, 2019, directive to the Finance Department to direct the Finance Department to complete a fiscal impact statement within ten (10) business days after the LOC approves a final proposed draft of the Curfew law; seconded by Daniel Guzman King. Motion carried unanimously. IV. New Submissions V. Additions VI. Administrative Items 1. Children’s Code Quarterly Update (4:10-10:04) Motion by Kirby Metoxen to accept the seventh Children’s Code Quarterly Update; seconded by Daniel Guzman King. Motion carried unanimously. r'\. OOODDD= A good mind. A good heart. A strong fire. Legislative Operating Committee Meeting Minutes of July 17, 2019 Page 1 of 2 ONEIDA 3 of 148 2. Oneida Personnel Commission Bi-Monthly Update Memo (10:05-15:20) Motion by Kirby Metoxen to accept the memorandum as an update on the progress of the Oneida Personnel Commission; seconded by Daniel Guzman King. Motion carried unanimously. Motion by Kirby Metoxen to move the responsibility of these reports to the Business Committee Support Office; seconded by Daniel Guzman King. Motion carried unanimously. **Note – David P. Jordan recommends redrafting the memorandum to reflect the subsequent motion. VII. Executive Session VIII. Adjourn Motion by Daniel Guzman King to adjourn the July 17, 2019 Legislative Operating Committee meeting at 9:15 a.m.; seconded by Kirby Metoxen. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of July 17, 2019 Page 2 of 2 4 of 148 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Legislative Operating Committee August 7, 2019 Curfew Law Submission Date: 12/19/18 LOC Sponsor: Ernest Stevens III Public Meeting: 7/18/19 Emergency Enacted: n/a Summary: This was a recommendation from the TAP Law and Policy Subcommittee, to develop a curfew law for the Oneida Nation. 12/19/18 LOC: Motion by Jennifer Webster add the Curfew Law to the active files list and assign Ernest Stevens III as the sponsor; seconded Ernest Stevens III. Motion carried unanimously. 2/13/19: Work Meeting. Present: Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Maureen Perkins. The purpose of this work meeting was to obtain information from the Oneida Police Department regarding any issues that may currently be occurring on the Reservation related to a lack of curfew, as well as discuss OPD’s role in potentially enforcing a Curfew law. 2/14/19: Work Meeting. Present: David P. Jordan, Jennifer Webster, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to provide the LOC an update on communications with the Oneida High School’s Clan Council, and recent work meeting with OPD. The LOC also discussed potential dates for holding a community meeting potluck on the curfew law. 2/20/19 LOC: Motion by Daniel Guzman King to approve the community meeting notice and direct that a community meeting for the proposed Curfew Law be held on Thursday, March 21, 2019; seconded by Ernest Stevens III. Motion carried unanimously. 3/13/19: Work Meeting. Present: Clorissa N. Santiago, Maureen Perkins, student representatives from the Oneida Nation Clan Council. The purpose of this work meeting was to obtain information from the Oneida High School Clan Council regarding their thoughts and opinions on a potential curfew law. 3/21/19: Work Meeting. Present: David P. Jordan, Ernest Stevens III, Daniel Guzman King, Jennifer Falck, Clorissa N. Santiago, Maureen Perkins. The purpose of this work meeting was to prepare for tonight’s community meeting on the curfew law. The LOC discussed the format for the community meeting, potential discussion points, and questions the LOC members currently have themselves regarding this topic. 3/21/19: Community Meeting. Present: David P. Jordan, Lisa Summers, Ernest Stevens III, Daniel Guzman King, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Maureen Perkins. No community members attended the community meeting. 5/1/19: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Maureen Perkins. The purpose of this work meeting was for the LOC to review the draft of the Curfew law. The LOC made policy decisions for curfew, and directed minor changes be made to the draft. The LRO will update the draft and complete a legislative analysis to be brought back in the near future. Page 1 of 3 5 of 148 5/15/19: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman King, Jennifer Falck, Clorissa N. Santiago, Maureen Perkins. The purpose of this work meeting was to review and discuss a couple remaining questions that need to be determined before a draft is finalized. LOC provided direction, and a draft will be finalized and moved forward. On track to bring draft and analysis to June 5, 2019 LOC meeting. 6/5/19 LOC: Motion by Jennifer Webster to accept the draft and legislative analysis of the Curfew law and defer these items to a work meeting for further consideration, replacing page four (4) of the packet with the handout; seconded by Ernie Stevens III. Motion carried unanimously. 6/5/19: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman King, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Maureen Perkins. The purpose of this work meeting was for the LOC to review the two (2) policy considerations contained in the legislative analysis. LOC discussed other potential amendments and directed that minor revisions be made to the law. Additionally, LOC made a decision as to who will be directed to complete the financial analysis – the Finance Department. A memo regarding the fiscal impact statement to Finance and the public meeting packet will be prepared for the next LOC meeting. 6/13/19: E-Poll Conducted. E-Poll was titled “Approval of the Curfew Law Fiscal Impact Statement Request Memorandum to the Finance Department. The requested action of this e-poll was to approve the Curfew law fiscal impact statement request memorandum, with accompanying updated draft and legislative analysis, and forward to the Finance Department directing that a fiscal impact statement of the proposed Curfew law be prepared and submitted to the LOC by July 18, 2019. The e-poll was approved by David P. Jordan, Kirby Metoxen, Jennifer Webster, and Ernest Stevens III. Daniel Guzman King did not provide a response to the e-poll. 6/19/19 LOC: Motion by Jennifer Webster to approve the public meeting packet and forward the Curfew law to a public meeting to be held on July 18, 2019; seconded by Ernest Stevens III. Motion carried unanimously. Motion by Jennifer Webster to enter the June 13, 2019 LOC E-poll titled “Approval of the Curfew Law Fiscal Impact Statement Request Memorandum” results into the record; seconded by Ernest Stevens III. Motion carried unanimously. 6/19/19: Work Meeting. Present: David P. Jordan, Jennifer Webster, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Destiny Prendiville. The discussion during this work meeting centered around the LOC’s recent request for a fiscal impact statement to be completed by July 18, 2019 and a strategy for moving forward. 6/27/19: Work Meeting. Present: Jennifer Webster, Daniel Guzman King, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Destiny Prendiville, Kristen Hooker, Maureen Perkins. The discussion during this work meeting centered around the update on the LOC’s communication with the Finance Department. 7/17/19 LOC: Motion by Kirby Metoxen to approve the memorandum regarding the Curfew Law financial impact statement dated July 17, 2019; seconded by Daniel Guzman King. Motion carried unanimously. Motion by Kirby Metoxen to amend the June 13, 2019, directive to the Finance Department to direct the Finance Department to complete a fiscal impact statement within ten (10) business days after the LOC approves a final proposed draft of the Curfew law; seconded by Daniel Guzman King. Motion carried unanimously. 7/18/19: Public Meeting Held. Present: Ernest Stevens III, Brooke Doxtator, Jennifer Falck, Clorissa N. Santiago, Rae Skenandore, Carol Silva, Amy Williams, Bella Mae Williams, Maureen Perkins. One (1) person gave public comment during this public meeting. Page 2 of 3 6 of 148 Next Steps:  Accept the public comments and public comment review memorandum and defer to a work meeting or further consideration. ""' 000000 A good mind. A good heart. A strong fire. Page 3 of 3 ONEIDA 7 of 148 ~ Oneida Nation Oneida Business Committee Legislative Operating Committee 000000 PO Box 365 • Oneida, WI 54115-0365 ONEIDA Oneida -nsn.gov TO: FROM: DATE: RE: /J/k.;fr __ Legislative Operating Committee (LOC) Clarissa N . Santiago, Legislative Reference Office, Staff Attorney ~ August 7, 2019 Curfew Law: Public Meeting Comment Review On July 18, 2019, a public meeting was held regarding the proposed Curfew law ("the Law"). The public comment period was then held open until July 25, 2019. This memorandum is submitted as a review of the oral and written comments received within the public meeting and public comment period. The public meeting draft, public meeting transcript, and written comments received are attached to this memorandum for review. Comment 1 - Curfew Hours: 308.5-1. Curfew Established. No minor shall be on any public space either on foot or in any vehicle driven or parked, between the hours of 10:00 p.m. and 6:00 a.m. within the boundaries of the Reservation, unless the minor is accompanied by a parent, guardian, or legal custodian. 308.5-3. Exemptions to Curfew. A minor shall not be in violation of the curfew, if at the time of the alleged violation the minor was: . (a) in the performance of a duty directed by such parent, guardian, or legal custodian; (b) engaged in employment or an employment related activity, or traveling to or returning home from employment; (c) engaged in interstate travel; (d) attending an educational, cultural, religious, or recreational activity that was supervised by adults, or traveling to or returning home from such activity; (e) on the sidewalk in front of his or her home or an adjacent home; (f) going to, attending, or returning home from a movie theatre; (g) engaged in hunting, fishing, or trapping in accordance with the laws, policies, and rules of the Nation; (h) exercising rights protected by the Nation's Constitution and the United States Constitution, such as free exercise of religion, freedom of speech, and the right of assembly; (i) involved in an emergency situation; and/or (j) engaged in any other activity as deemed appropriate by the Oneida Police Department officer. Amy Williams (oral): Hi, my name is Amy Williams. Um, so thanks for the oppmiunity to allow me to comment. Um, so I did have a chance to review the provisions of the proposal and um my Page 1 of 14 A good mind. A good heart. A strong fire. 8 of 148 comment is that I would be in favor of first an earlier time, perhaps four or five o'clock instead of six o'clock. And um, I think the reason is because we have three kids, all of them have had primarily athletic, but as well as academic, responsibilities that are before six o'clock. So, for example, our son has hockey practice at, sometimes practice staiis at four or 4:30 a.m. which means leaving the house at four o'clock, so he's out, he's driving around. He's a responsible, you know they are responsible kids doing what they ai·e supposed to be doing. Response The commenter requests the Legislative Operating Committee to consider revising the curfew hours to end before 6:00 a.m. to accommodate those minors who may be engaged in athletic or academic extracunicular activities that ai·e held in the early morning hours. The Legislative Operating Committee dete1mined that the Nation's curfew should be imposed between the hours of 10:00 p.m. and 6:00 a.m. in an effmi to be consistent with curfew hours imposed in the sunounding municipalities. A review oflocal laws demonstrated that the following municipalities impose a curfew during the hours of 10:00 p.m. and 6:00 a.m.: • Brown County; • Village of Hobart; • City of Green Bay; • City of De Pere; • Village of Ashwaubenon; and • Village of Howard. Consistency in the hours of curfew that are imposed on minors across neighboring municipalities will make it easier for families to ensure they are complying with all laws that may govern across overlapping jurisdictions. Additionally, the Law accommodates · minors who may engage in athletic or academic extracmTicular activities that are held during curfew hours through the various exemptions that are provided. The Law provides that a minor shall not be in violation of the curfew, if at the time of the alleged violation the minor was attending an educational, cultural, religious, or recreational activity that was supervised by adults, or traveling to or returning home from such activity. [3 0. C. 308.5-](d)]. Based on the various exemptions to the curfew hours provided by the Law, there is no recommended revision to the draft, but the Legislative Operating Committee may consider revising the curfew hours if desired. LOC Consideration " mcJOOD= A good mind. A good heart. A strong fire. Page 2 of 14 ONEIDA 9 of 148 Comment 2 - Police Discretion: 308.5-3. Exemptions to Curfew. A minor shall not be in violation of the curfew, if at the time of the alleged violation the minor was: (a) in the performance of a duty directed by such parent, guardian, or legal custodian; (b) engaged in employment or an employment related activity, or traveling to or returning home from employment; ( c) engaged in interstate travel; (d) attending an educational, cultural, religious, or recreational activity that was supervised by adults, or traveling to or returning home from such activity; (e) on the sidewalk in front of his or her home or an adjacent home; (f) going to, attending, or returning home from a movie theatre; (g) engaged in hunting, fishing, or trapping in accordance with the laws, policies, and rules of the Nation; (h) exercising rights protected by the Nation's Constitution and the United States Constitution, such as free exercise of religion, freedom of speech, and the right of assembly; (i) involved in an emergency situation; and/or (j) engaged in any other activity as deemed appropriate by the Oneida Police Department officer. 308.6-2. Warning. The first time a minor is held in custody by an Oneida Police Officer for a curfew violation the Oneida Police Officer shall provide the minor and the minor's parent, guardian, or legal custodian a warning and advise the minor and parent, guardian, or legal custodian of the provisions of this law and that any subsequent curfew violations may result in the issuance of a citation and the imposition of a penalty. Amy Williams (oral): Um, so, I understand the spirit of what's proposed in terms of, in terms of safety. I guess I would, I'm an advocate for also assuring in some ways that the proposed law isn't too punitive and that there is some smi of discernment in te1ms of oh my gosh these kids are out here doing what they need to be doing and not be afraid that somehow they are going to get in trouble because they're out there by themselves, especially the ones that can drive. So, our kids are out running, sometimes they have study groups in the morning, so um perhaps an earlier time, and that would be the first thing. And then as well as to assure that there are provisions or enough movement in the law where um you know whoever, police or whoever is enforcing, aren't too punitive with kids who are going what they are supposed to be doing. Response The commenter encourages the Legislative Operating Committee to ensure that the Law allows the Oneida Police Depaiiment enough discretion in the enforcement to ensure that it is not punitive to those minors who are engaging in lawful actions. The Law was drafted to provide the Oneida Police Department discretion in handling curfew violations. The Law provides various exemptions, or circumstances in which a minor will not r°'\ .QODOOO A good mind. A good heart. A strong fire. Page 3 of 14 ONEIDA 10 of 148 violating curfew if at the time of the alleged violation the minor was engaged in those certain circumstances. [3 O.C. 308.5-3]. One (1) of the many exemptions included in the Law provides that a minor shall not be in violation of the curfew, if at the time of the alleged violation the minor was engaged in any activity as deemed appropriate by the Oneida Police Department officer. [3 O.C. 308.5-30)]. This broad exemption provides the Oneida Police Depaitment officer discretion in enforcing the curfew. The Law further requires that the first time a minor is held in custody by an Oneida Police Department officer for violating curfew, the officer shall issue the minor and the minor's parent, guardian, or legal custodian a warning. [3 O.C. 308.6-2]. The purpose of this warning is to advise the minor and parent, gumdian, or legal custodian of the provisions of this law and that any subsequent curfew violation may result in the issuance of a citation and the imposition of a penalty. [3 o.c. 308.6-2]. In addition to the specific provisions of the Law stated above which allow for discretion by the Oneida Police Depaitment, the pmpose of this Law is not to simply punish those minors who violate curfew, but to suppo1t all drng use prevention initiatives of the Nation by protecting the health, safety, and welfare of persons through the establishment of a curfew for minors in public spaces within the Reservation during ce1tain hours in an effmt to minimize the opportunity for hmm to come to minors during those hours. [3 O.C. 308.1-2]. The recommendation for a Curfew law was brought to the Legislative Operating Committee by the Nation's Tribal Action Plan - Laws and Policy Subcommittee. The pmpose of the Tribal Action Plan is to coordinate a comprehensive prevention and treatment program for alcoholism and other substance abuse that includes not only existing resources, but identifies the additional resources necessary to combat these problems. The Laws and Policy Subcommittee was then assigned the specific responsibility to look at what laws of the Nation should be amended, or created, to better suppo1t the Tribal Action Plan. The recommendation to develop a Curfew law came to the Legislative Operating Committee as a result of the discussions from the Laws and Policy Subcommittee which consisted of a cross functional core team that included representatives from the Oneida Business Committee, Oneida Police Depaitment, Governmental Services Division, Oneida Gaming Commission, Family Services, Legislative Reference Office, Human Resources Department, and Retail. Based on the cmTent provisions of the Law that allow the Oneida Police Depaitment discretion in the enforcement of curfew, there is no recommended revision based on this comment. LOC Consideration A good mind. A good heart. A strong fire. Page 4 of 14 ~ ONEIDA 11 of 148 Comment 3 - Res onsibility of Parents, Guardians, and Le al Custodians: 308.5-2. Parental Responsibility. No parent, guardian, or legal custodian shall knowingly permit or fail to take action to prevent the minor from being on any public space either on foot or in any vehicle driven or parked, between the hours of 10:00 p.m. and 6:00 a.m. within the boundaries of the Reservation. Amy Williams (oral): So, our kids are usually under the purview of coaches who are telling them where to be and what time, or uh teachers or other study groups. So just that that would be added in addition to parents, guardians, and whatever language is. And that' s all. Response The Law provides that no minor shall be on any public space either on foot or in any vehicle driven or parked, between the hours of 10:00 p.m. and 6:00 a.m. within the boundaries of the Reservation, unless the minor is accompanied by a parent, guardian, or legal custodian. [3 O.C. 308.5-1}. The commenter requests that coaches and teaches be added to the designation of "parent, guardian, or legal custodian." A parent, guardian, or legal custodian of a minor all have a legal responsibility as to the care and custody of a minor. In addition to the general responsibilities of a parent, guardian, or legal custodian, this Law provides that no parent, guardian, or legal custodian shall knowingly permit or fail to take action to prevent the minor from being on any public space either on foot or in any vehicle driven or parked, between the hours of 10:00 p.m. and 6:00 a.m. within the boundaries of the Reservation. [3 0. C. 308.5-2]. A teacher or coach does not have the same legal responsibilities for the minor, and therefore including them in this provision would be inappropriate. The Law does provide various exemptions as to the curfew though, that would allow the minor to participate in an academic or athletic function during curfew hours without violating the law. The Law provides that a minor shall not be in violation of the curfew, if at the time of the alleged violation the minor was attending an educational, cultural, religious, or recreational activity that was supervised by adults, or traveling to or returning home from such activity. {3 0. C. 308. 53(d)}. Based on section 308 .5-3(d) of the Law which allows a minor to be exempted from the curfew if attending an educational, cultural, religious, or recreational activity that was supervised by adults, such as a teacher or a coach, or traveling to or returning home from such activity, there is no recommended revision based on this comment. LOC Consideration A good mind. A good heart. A strong fire. Page 5 of 14 ~ ONEIDA 12 of 148 Comment 4 - Communi Service: 308. 7. Penalties of Curfew Violations 308.7-1. Upon a finding by the Family Court that a violation of this law has occurred, the minor and/or the minor's parent, guardian, or legal custodian may be subject to the following penalties: (b) Community service. An individual may be ordered to perform community service. Community service can be used in lieu of, or in addition to, a fine. (1) All community service assignments shall be approved by the Family Court. The Family Court shall give preference to culturally relevant community service assignments and/or community service assignments that focus on the betterment of the individual's community. (2) The Family Court shall provide the individual a written statement of the terms of the community service order, and a statement that the community service order is monitored. (3) The Family Court's community service order shall specify: (A) how many hours of community service the individual is required to complete; (B) the time frame in which the hours shall be completed; (C) how the individual shall obtain approval for his or her community service assignment; (D) how the individual shall report his or her hours; and (E) any other information the Family Court determines is relevant. Patricia Degrand (written): Community Service: Community service has been ordered in the past and it was problematic. In child support contempt cases, parties were ordered to complete a set number of community service hours [Rule CS 2.8-2(c)]. The comi order indicated that the community service would be monitored by the Oneida Nation Child Support Agency and completed through the Social Services Depaiiment. The comi later discovered that there were no community service options being offered through the Social Services Depaiiment. Prior to ending the community service orders (community service is not being ordered at the present time), the comi attempted to locate other community service options through the Nation but nobody expressed any interest in taking people on. I know liability and background check concerns were raised. While I know the judges would participate in discussions regarding community service, I am unsure as to whether they are going to be able to locate a list of options for people to use to complete community service requirements. I know Judge Collins has reached out to some of the other tribal courts and local municipal comis to find out if they are ordering community service and what community service options they utilize, although these options may not be culturally relevant or tied to the Oneida community. It would be useful if one of the Social Services Depaiiment employees, such as the Indigenous Cultural Wellness Practitioner, could serve as the intake for the minors ordered to do community service and monitor compliance to avoid a review hearing on every citation. Response ~ 000000 A good mind. A good heart. A strong fire. Page 6 of 14 ONEIDA 13 of 148 The commenter expresses concerns that the Family Comi Oneida Nation Child Suppmi Agency were unsuccessful with the utilization of community service in the past, and instead suggests that a Social Services Depaiiment such as the Indigenous Cultural Wellness Practitioner serve as the intake for the minors ordered to do community service as a result of curfew violations. The Law provides that the Family Comi may order an individual to perfo1m community service as a penalty for curfew violations. [3 0. C. 308. 7-1 (b)]. When the Family Comi orders community service as a penalty the Family Comi is responsible for: • Approving community service assignments and giving preference to culturally relevant community service assignments and/or community service assignments that focus on the betterment of the individual's community; and • Providing an individual with a written statement of the terms of the community service which includes the following information: • Statement that the community service order is monitored; • How many hours of community service the individual is required to complete; • The time frame in which the hours shall be completed; • How the individual shall obtain approval for his or her community service assignment; • How the individual shall report his or her hours; and • Any other information the Family Court dete1mines is relevant. [3 0. C. 308. 7-1 (b)(1)-(3)]. Although the Family Comi is required to approve community service, the Law does not require the Family Comito find potential community service assignments for individuals. Ultimately, it is up to the individual to secure a community service assignment - whether that community service assignment is within a depaiiment of the Nation or held outside of the Nation. The Legislative Operating Committee has previously discussed sending communication to various depaiiments of the Nation encouraging the development of community service opportunities for those individuals who violate curfew, paiiicularly culturally relevant oppo1iunities for those minors who violate curfew. The Legislative Operating Committee also discussed encouraging that any community service opportunity be communicated to the Family Comiso that the Family Comi can share all available information with those individuals when community service is imposed as a penalty. In regard to who is monitoring compliance with the community service orders, there is nothing in the Law that would prohibit the Family Comi from collaborating with another depaiiment such as Social Services and stating in the community service order that someone such as the Indigenous Cultural Wellness Practitioner would be responsible for monitoring the community service. How community service is handled should be addressed through internal processes and procedures and not included in the Law so that there is flexibility in handling community service in the future. There is no revision to the Law recommended based on this comment. However, it is recommended that the Legislative Operating Committee work on sending communication to various depaiiments regarding the development of community service opportunities. LOC Consideration A good mind. A good heart. A strong fire. Page 7 of 14 ~ ONEIDA 14 of 148 Comment 5 - Alternative to Fines or Communi , Service: Patricia Degrand (written): Alternative to Fines or Community Service: It would be nice ifthere was an alternative to the penalties section that is similar to what the court has done with contempt findings. With the contempt findings, the court is able to allow a person one opp01tunity to comply or be held in contempt [803.26-3(b)(l)]. Typically the comi will find the paiiy in contempt, fine them, and then give them a purge condition such as no more findings of contempt within a period of X months. If the purge condition is satisfied, there is then no contempt finding or fine. Having an option similar to this to use with parents and minors could be useful as the citation could be dismissed ifthere are no further curfew citations issued within a set period of time. Response The commenter requests that the Family Comi be allowed to stay the enforcement of a penalty against an individual found to have violated the Curfew law, and then dismiss the curfew citation if the individual can refrain from violating this Law for a period of time as determined by the Family Comi. Whether to allow the Family Comito stay the enforcement of a penalty against an individual found to have violated the Curfew law, and then dismiss the curfew citation if the individual can refrain from violating this Law for a period of time is a policy consideration for the Legislative Operating Committee to make. The Legislative Operating Committee may determine: 1. The Law should remain as currently drafted and not address the Family Comi' s authority to stay the enforcement of a penalty for a curfew violation. 2. The Law should be amended to allow the Family Comito stay the enforcement of a penalty for a curfew violation. If the Legislative Operating Committee makes this decision, then the following revision should be made to the Law: 308 .7-2. Staying a Curfew Penalty. The Family Comi may stay the enforcement of a penalty issued as a result of a curfew violation for a period of time to be detennined by the Family Court. If the individual maintains compliance with the law during the time period in which the penalty is stayed. then the Family Court may dismiss the citation. If the individual commits another violation of the law during the time period in which the penalty is stayed. then the penalty shall go into effect. LOC Consideration " 000000= A good mind. A good heart. A strong fire. Page 8 of 14 ONEIDA 15 of 148 Comment 6 - Jurisdiction of the Famil Court: 308.6-3. Issuance of a Citation. Any subsequent time a minor is held in custody by an Oneida Police Officer for a curfew violation the Oneida Police Officer may issue a citation to the minor and the minor's parent, guardian, or legal custodian. (a) A citation for a violation of this law and/or any orders issued pursuant to this law may include fines and other penalties, as well as conditional orders made by the Family Court. 308. 7. Penalties of Curfew Violations 308.7-1. Upon a finding by the Family Court that a violation of this law has occurred, the minor and/or the minor's parent, guardian, or legal custodian may be subject to the following penalties: Patricia Degrand (written): Judicial Branch: We had an internal discussion and the Family Court judges recognize that this law could be assigned to the Family Comt. I ask that the LRO/LOC reconsider doing so. With the Children's Code going into effect in October, there are a lot of unknowns with the Family Court's caseload. One concern I have is with the permanency plan hearings and the effect those will have on our calendar. We have an initial plan for the scheduling of the 6 and 12 month permanency plan review hearings, but realize that we might have to make adjustments depending on the number of cases that are filed/transfened. As curfew violations are typically general civil cases and the Trial Comt can hear those matters [801.5-2(a)], please consider assigning this law to the Trial Comt. The Trial Comt is already hearing all other citations, some of which could involve minors, and adding the Curfew law to the Trial Court's docket would help with the caseload distribution. Looking back at May- June 2019, the Family Comt held court 20 of 22 days with a total of 68 hearings. The Trial Comt held comt 6 of 22 days with a total of 15 hearings (plus the peacemaking sessions that Judges Hill and Powless have done). If the Curfew Law is left in the Family Comt, please don't add any requirements to any upcoming citations law (ifthere will be one) that would mandate how quickly the Family Comt needs to hold a curfew citation hearing so we can hold these on a bimonthly or trimonthly basis. Response The commenter asks the Legislative Operating Committee to reconsider the decision to assign jurisdiction of curfew matters to the Family Court, and to instead assign jurisdiction over these matters to the Trial Comt. The Law assigns jurisdiction over curfew matters to the Family Court based on the fact that the Family Court law provides that the Family Comt shall administer the judicial authorities and responsibilities of the Nation over all matters pe1taining to the family, children and elders, except for probate matters. [8 O.C. 806.4-1] . Since curfew governs the actions of minors and the minors' parents, guardians, or legal custodians, the Legislative Operating Committee determined it was appropriate to assign jurisdiction to the Family Comt in order to avoid any conflicts with the Family Court law. A good mind. A good heart. A strong fire. Page 9 of 14 ~ ONEIDA 16 of 148 Based on the fact that the Family Comi was established for the purpose of administering the judicial authorities and responsibilities of the Nation over all matters pe1iaining to the family, children and elders, there is no recommended revision based on this comment. Additionally, the commenter requests that if the Family Comi maintains jurisdiction over cmfew matters that no timeframes which would mandate when the Family Comi is required to hold curfew citation hearings be included in the proposed Citations law the Legislative Operating Committee is cmTently developing. The Legislative Operating Committee is cmTently developing a Citations law which will provide a consistent process for handling citations of the Nation in order to ensure equal and fair treatment to all persons who come before the Judiciary to have their citations resolved. The Legislative Operating Committee does intend to include general timeframes for the citation process in the proposed law so that all citations are handled in a consistent manner. The Legislative Operating Committee is still in the drafting stages for the Citations law, but a public meeting will be held in the future to provide the opportunity to provide input on this subject. LOC Consideration Comment 7 - Famil ' Counselin : 308.7. Penalties of Curfew Violations 308.7-1. Upon a finding by the Family Court that a violation of this law has occurred, the minor and/or the minor's parent, guardian, or legal custodian may be subject to the following penalties: (c) Family counseling and/or parenting programs. An individual may be ordered to participate in a family counseling and/or a parenting program. Patricia Degrand (written): Family Counseling: We should make Oneida Behavioral Health aware that orders for family counseling could be included in a curfew citation order. Response The commenter requests that Oneida Behavioral Health be made aware that orders for family counseling could be included in a curfew citation order. Orders to participate in family counseling may not be exclusive to family counseling by the Oneida Behavioral Health depmiment. Individuals may use family counseling services from other entities if available. A good mind. A good heart. A strong fire. Page 10 of 14 ~ ONEIDA 17 of 148 Although there is no recommended revision to the Law based on this comment, it is recommended that the Legislative Operating Committee communicate with Oneida Behavioral Health and any other relevant department of the Nation so that it is known that curfew citation orders may include refenals for services such as family counseling or parenting programs. LOC Consideration Comment 8 - Per Ca ita Attachment: 308.7. Penalties of Curfew Violations 308.7-1. Upon a finding by the Family Court that a violation of this law has occurred, the minor and/or the minor's parent, guardian, or legal custodian may be subject to the following penalties: (a) Fines. An individual may be ordered to pay a fine as a result of a violation of this law. The Oneida Business Committee shall hereby be delegated the authority to adopt through resolution a fine schedule which sets forth specific fine amounts for violations of this law. (1) All fines shall be paid to the Judiciary. (2) Fines shall be paid within ninety (90) days after the order is issued or upheld on final appeal, whichever is later. (A) The ninety (90) day deadline for payment of fines may be extended if an alternative payment plan is approved by the Family Court. (3) If an individual does not pay his or her fine the Family Court may seek to collect the money owed through the Nation's garnishment and/or per capita attachment process. (5) Community service may be substituted for part or all of any fine at the minimum wage rate of the Nation for each hour of community service. Patricia Degrand (written): Per Capita Attachment: With minors being involved, we may end up with attachment orders that will not be enforceable for several years. For instance, if a minor is fined $150 and does not pay it, the comi could pursue a per capita attachment. If the child is 14 at the time of the curfew violation order and does not pay, the final accounting may be received by the Trust Enrollment Depmiment several years before the attachment will even be possible. The Trust Emollment Depmiment will need to be made aware of this. If the child involved is not eligible for a per capita payment, collection in some cases may be difficult. Pursuing a garnishment several years later when the child is of working age may not be feasible. The comi, several years later, will not know where the 14-year-old who received a curfew violation is working at age 18. Response ~ fflJDODO= A good mind. A good heart. A strong fire. Page 11 of 14 ONEIDA 18 of 148 The commenter expresses concerns about the delay in attaching the per capita of a minor or pursuing a garnishment of a minor once that minor reaches the age of eighteen (18) and is working. The Law provides that if an individual does not pay his or her fine, the Family Comt may seek to collect the money owed through the Nation's garnishment and/or per capita attachment process. [3 O.C. 308. 7-1 (a)(3)}. The purpose of this provision is to allow the Family Comt the option to pursue garnishment or per capita attachment for unpaid fines when appropriate. Garnishment and per capita attachment may not be appropriate as a means to address fines owed by a minor child, but may be an appropriate measure to seek unpaid fines from a minor's parent, guardian, or legal custodian. The Family Comt is not required to use the Nation' s garnishment and/or per capita attachment process, just as the Family Comt is not required to impose fines as a penalty for curfew violations. The discretion lies with the Family Comt. Any attempt by the Family Comt to attach the per capita of an individual must comply with the provisions found in the Nation's Per Capita law. [I O.C. 123.4-9(d)]. Any attempt by the Family Court to garnish the wages of an individual must comply with the provisions found in the Nation's Garnishment law. [2 0. C. 204. 6]. There is no recommended revision to the Law based on this comment. LOC Consideration Comment 9 - Exem tions to Curfew: 308.5-3. Exemptions to Curfew. A minor shall not be in violation of the curfew, if at the time of the alleged violation the minor was: (a) in the performance of a duty directed by such parent, guardian, or legal custodian; Patricia Degrand (written): Exemptions to Curfew: 308.5-3(a) could give minors an unintended out if their parent or guardian tells them to get out of the house after the curfew goes into effect. Although, in this situation, OPD may only want to cite the parent. Response The commenter expresses concern that the exemption to the curfew for a minor in the performance of a duty directed by such parent, guardian, or legal custodian could provide an unintended excuse to those minors violating curfew. Although the Law provides that it is the responsibility of the parent, guardian, or legal custodian to ensure that the minor is not violating the Nation's curfew [3 O.C. 308.5-2], the Law recognizes A good mind. A good heart. A strong fire. Page 12 of 14 ~ ONEIDA 19 of 148 that circumstances may arise in which a parent, guardian, or legal custodian may need the minor to be out during curfew hours and provides the flexibility to do so with the exemption provided for in section 308.5-3(a) of the Law. Ultimately, it is up to the discretion of the Oneida Police Department officer to look at the totality of the circumstances and determine ifthere is a reasonable belief that a violation of curfew has occurred or if an exemption descried in section 308.5-3 applies. [3 o.c. 308.6-3}. Additionally, the commenter states that in the circumstance where an unintended exemption is provided by the parent, the Oneida Police Depaitment Officer may want to only cite the parent. The Law provides that an Oneida Police Officer may issue a citation to the minor and the minor's parent, guardian, or legal custodian for a curfew violation. [3 0. C. 308. 6-1 (c)j. Although the Law requires that the citation be issued to both the minor and the minor's parent, guardian, or legal custodian, the Law provides discretion to the Family Comt to determine what penalty should be imposed against the minor and/or the minor's parent, guardian, or legal custodian. [3 0. C. 308. 71]. The Family Court may make the dete1mination that in ce1tain situations penalties should be imposed against the parent, guardian, or legal custodian and not the minor, or vice versa. The Family Court may also make the dete1mination that penalties should be imposed against both the minor and the minor's parent, guardian, or legal custodian. The Family Comt is given discretion in the imposition of penalties so that the Family Comt can address the specific circumstances of each situation and determine which penalty is most appropriate. LOC Consideration Comment 10 - Collection of Fines: 308.7. Penalties of Curfew Violations 308.7-1. Upon a finding by the Family Court that a violation of this law has occurred, the minor and/or the minor's parent, guardian, or legal custodian may be subject to the following penalties: (a) Fines. An individual may be ordered to pay a fine as a result of a violation of this law. The Oneida Business Committee shall hereby be delegated the authority to adopt through resolution a fine schedule which sets forth specific fine amounts for violations of this law. (1) All fines shall be paid to the Judiciary. (2) Fines shall be paid within ninety (90) days after the order is issued or upheld on final appeal, whichever is later. (A) The ninety (90) day deadline for payment of fines may be extended if an alternative payment plan is approved by the Family Court. A good mind. A good heart. A strong fire. Page 13 of 14 ~ ONEIDA 20 of 148 (3) If an individual does not pay his or her fine the Family Court may seek to collect the money owed through the Nation's garnishment and/or per capita attachment process. (5) Community service may be substituted for part or all of any fine at the minimum wage rate of the Nation for each hour of community service. Patricia Degrand (written): Fines : 308.7-l(a)(3) allows the Court to collect money owed through the Nation' s garnishment and/or per capita attachment process. The Family Court is in the process of developing a process for collecting guardian ad litem fees and may utilize the State Debt Collection program and the Wisconsin Tax Refund Interception Program (TRIP) as they are both available to tribal comis. Can this section be amended to add "or another collection process available to the Court"? Response The commenter asks the Legislative Operating Committee to revise the language in section 308.7l(a)(3) to allow for the Family Cowi to utilize another collection process since the Family Court is cunently developing a process for collecting fees that may utilize the State Debt Collection program and the Wisconsin Tax Refund Interception Program. It is recommended that the Legislative Operating Committee make the following revision to section 308.7-l(a)(3) to allow more flexibility to the Family Comi to use any debt collection process that may be available: (3) If an individual does not pay his or her fine the Family Court may seek to collect the money owed through the Nation' s garnishment and/or per capita attachment process or any other collection process available to the Family Court. LOC Consideration A good mind. A good heart. A strong fire. Page 14 of 14 ~ ONEIDA 21 of 148 Draft 2 – PM Draft 2019 07 18 Title 3. Health and Public Safety - Chapter 308 T Kayanl^sla> We’ll put our arms across to stop them CURFEW 308.1. Purpose and Policy 308.2. Adoption, Amendment, Repeal 308.3. Definitions 308.4. Jurisdiction 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 308.5. Curfew 308.6. Enforcement of Curfew Violations 308.7. Penalties of Curfew Violations 308.1. Purpose and Policy 308.1-1. Purpose. The purpose of this law is to protect the health, safety, and welfare of persons and property within the Reservation by regulating the activities of minors on the Reservation during certain hours, while imposing certain obligations and responsibilities upon the parents, guardians, and/or legal custodians of a minor for the control and supervision of that minor. 308.1-2. Policy. It is the policy of the Nation to support all drug use prevention initiatives of the Nation by protecting the health, safety, and welfare of persons through the establishment of a curfew for minors in public spaces within the Reservation during certain hours in an effort to minimize the opportunity for harm to come to minors during those hours. 308.2. Adoption, Amendment, Repeal 308.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__. 308.2-2. This law may be amended or repealed by the Oneida Business Committee and/or General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 308.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 308.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 308.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 308.3. Definitions 308.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Court of Appeals” means the branch of the Nation's Judiciary delegated the authority of final appeal within the Nation’s Judiciary, as authorized by Oneida General Tribal Council resolution GTC-03-19-17-A . (b) “Family Court” means the branch of the Nation’s Judiciary delegated the authority to administer the judicial authorities and responsibilities of the Nation related to the family and/or children, as authorized by Oneida General Tribal Council resolution GTC-03-1917-A. (c) “Guardian” means the person, department, and/or agency appointed the duty and authority of guardianship of a child by a Court for the purpose of managing and caring for the child. A guardian has the right to make major decisions affecting a child including education, religious and cultural upbringing, the right to consent to marriage, to enlistment 3. O.C. 308 – Page 1 22 of 148 Draft 2 – PM Draft 2019 07 18 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 in the armed forces, to major surgery and medical treatment and to adoption, or make recommendations as to adoption. (d) “Legal custodian” means any person, department, and/or agency, other than a parent or guardian, to whom legal custody of a child has been granted by Court order and has the rights and responsibilities for the following: (1) To have physical custody of the child as determined by the Court, if physical custody is not with the person having legal custody; (2) To protect, educate and discipline the child so long as it is in the child’s best interest; and (3) To provide the child with adequate food, shelter, education, ordinary medical care and other basic needs, according to court order. In an emergency situation, a custodian shall have the authority to consent to surgery as well as any other emergency medical care needs. (e) “Member of the Nation” means an individual enrolled in the Oneida Nation. (f) “Minor” means a person age seventeen (17) years old or younger. (g) “Nation” means the Oneida Nation. (h) “Parent” means the biological or adoptive parent of a child. (j) “Public space” means any public streets, highways, roads, alleys, parks, vacant lots, or any public lands. (j) “Relative” means any person connected with a child by blood, marriage or adoption. (k) “Reservation” means all the property within the exterior boundaries of the Reservation of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any lands added thereto pursuant to federal law. 308.4. Jurisdiction 308.4-1. Personal Jurisdiction. This law applies to: (a) All members of the Nation, individuals eligible for enrollment in the Nation, and members of other federally-recognized tribes. (b) Individuals leasing, occupying or otherwise using fee land owned by the Nation or by individual members of the Nation; and/or lands held in trust on behalf of the Nation or individual members of the Nation. (c) Individuals who have consented to the jurisdiction of the Nation or as otherwise consistent with federal law. An individual shall be considered to have consented to the jurisdiction of the Nation: (1) By entering into a consensual relationship with the Nation, or with the Nation’s entities, corporations, or members of the Nation, including but not limited to contracts or other agreements; or (2) By other facts which manifest an intent to consent to the authority of the Nation, including failure to raise an objection to the exercise of personal jurisdiction in a timely manner. 308.4-2. Territorial Jurisdiction. This law extends within the Reservation to all land owned by the Nation and individual trust and/or fee land of a member of the Nation. 308.5. Curfew 308.5-1. Curfew Established. No minor shall be on any public space either on foot or in any vehicle driven or parked, between the hours of 10:00 p.m. and 6:00 a.m. within the boundaries of the Reservation, unless the minor is accompanied by a parent, guardian, or legal custodian. 3. O.C. 308 – Page 2 23 of 148 Draft 2 – PM Draft 2019 07 18 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 308.5-2. Parental Responsibility. No parent, guardian, or legal custodian shall knowingly permit or fail to take action to prevent the minor from being on any public space either on foot or in any vehicle driven or parked, between the hours of 10:00 p.m. and 6:00 a.m. within the boundaries of the Reservation. 308.5-3. Exemptions to Curfew. A minor shall not be in violation of the curfew, if at the time of the alleged violation the minor was: (a) in the performance of a duty directed by such parent, guardian, or legal custodian; (b) engaged in employment or an employment related activity, or traveling to or returning home from employment; (c) engaged in interstate travel; (d) attending an educational, cultural, religious, or recreational activity that was supervised by adults, or traveling to or returning home from such activity; (e) on the sidewalk in front of his or her home or an adjacent home; (f) going to, attending, or returning home from a movie theatre; (g) engaged in hunting, fishing, or trapping in accordance with the laws, policies, and rules of the Nation; (h) exercising rights protected by the Nation’s Constitution and the United States Constitution, such as free exercise of religion, freedom of speech, and the right of assembly; (i) involved in an emergency situation; and/or (j) engaged in any other activity as deemed appropriate by the Oneida Police Department officer. 308.6. Enforcement of Curfew Violations 308.6-1. Enforcement Procedure. A suspected violation of curfew shall be enforced by the Oneida Police Department in the following ways: (a) A minor who is suspected of violating curfew may be stopped by an Oneida Police Officer. No person shall assault, obstruct or flee from any Oneida Police Officer enforcing or attempting to enforce the provisions of this law. (b) The Oneida Police Officer shall ask the minor’s name, age, and reason for violating curfew. The minor shall provide the Oneida Police Officer identification if available. No person shall falsely represent his or her name or age to an Oneida Police Officer. (c) If the Oneida Police Officer reasonably believes based on the totality of the circumstances that a violation of curfew has occurred and not one of the exemptions in section 308.5-3 apply, the Oneida Police Officer may take custody of the minor for the purpose of returning such minor to the care and custody of a parent, guardian, or legal custodian. (d) Once the Oneida Police Officer has taken the minor into his or her custody, the minor shall provide the Oneida Police Officer with contact information for his or her parent, guardian, or legal custodian. The Oneida Police Officer shall contact the minor’s parent, guardian, or legal custodian to come and pick up the minor and take the minor into his or her care and custody. If the minor’s parent, guardian, or legal custodian is unable to pick the minor up, then the Oneida Police Officer may bring the minor home to release the minor to the custody and care of the minor’s parent, guardian, or legal custodian. (e) If the Oneida Police Officer is unable to contact the minor’s parent, guardian, or legal custodian after reasonable efforts are made, the Oneida Police Officer shall attempt to 3. O.C. 308 – Page 3 24 of 148 Draft 2 – PM Draft 2019 07 18 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 locate an adult relative or other responsible adult willing and able to accept the care and custody of the minor, and may release the minor into the care and custody of such person. 308.6-2. Warning. The first time a minor is held in custody by an Oneida Police Officer for a curfew violation the Oneida Police Officer shall provide the minor and the minor’s parent, guardian, or legal custodian a warning and advise the minor and parent, guardian, or legal custodian of the provisions of this law and that any subsequent curfew violations may result in the issuance of a citation and the imposition of a penalty. 308.6-3. Issuance of a Citation. Any subsequent time a minor is held in custody by an Oneida Police Officer for a curfew violation the Oneida Police Officer may issue a citation to the minor and the minor’s parent, guardian, or legal custodian. (a) A citation for a violation of this law and/or any orders issued pursuant to this law may include fines and other penalties, as well as conditional orders made by the Family Court. (b) A citation for a violation of this law shall be processed in accordance with the procedure contained in the Nation’s laws and policies governing citations. (c) All citations for violations of this law require a mandatory appearance at the citation pre-hearing by the minor and his or her parent, guardian, or legal custodian. 308.7. Penalties of Curfew Violations 308.7-1. Upon a finding by the Family Court that a violation of this law has occurred, the minor and/or the minor’s parent, guardian, or legal custodian may be subject to the following penalties: (a) Fines. An individual may be ordered to pay a fine as a result of a violation of this law. The Oneida Business Committee shall hereby be delegated the authority to adopt through resolution a fine schedule which sets forth specific fine amounts for violations of this law. (1) All fines shall be paid to the Judiciary. (2) Fines shall be paid within ninety (90) days after the order is issued or upheld on final appeal, whichever is later. (A) The ninety (90) day deadline for payment of fines may be extended if an alternative payment plan is approved by the Family Court. (3) If an individual does not pay his or her fine the Family Court may seek to collect the money owed through the Nation’s garnishment and/or per capita attachment process. (5) Community service may be substituted for part or all of any fine at the minimum wage rate of the Nation for each hour of community service. (b) Community service. An individual may be ordered to perform community service. Community service can be used in lieu of, or in addition to, a fine. (1) All community service assignments shall be approved by the Family Court. The Family Court shall give preference to culturally relevant community service assignments and/or community service assignments that focus on the betterment of the individual’s community. (2) The Family Court shall provide the individual a written statement of the terms of the community service order, and a statement that the community service order is monitored. (3) The Family Court’s community service order shall specify: (A) how many hours of community service the individual is required to complete; (B) the time frame in which the hours shall be completed; 3. O.C. 308 – Page 4 25 of 148 Draft 2 – PM Draft 2019 07 18 176 177 178 179 180 181 182 183 184 185 186 187 (C) how the individual shall obtain approval for his or her community service assignment; (D) how the individual shall report his or her hours; and (E) any other information the Family Court determines is relevant. (c) Family counseling and/or parenting programs. An individual may be ordered to participate in a family counseling and/or a parenting program. (d) Any other penalty as deemed appropriate by the Family Court. End. Adopted – BC-__-__-__-__ 3. O.C. 308 – Page 5 26 of 148 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov LEGISLATIVE OPERATING COMMITTEE PUBLIC MEETING Curfew Law Business Committee Conference Room-2nd Floor Norbert Hill Center July 18, 2019 5:00 p.m. Present: Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brooke Doxtator, Rae Skenandore, Carol Silva, Amy Williams, Belle Mae Williams, Maureen Perkins. Ernest Stevens III: Good Evening. The time is 5:00 p.m. and today’s date is Thursday, July 18, 2019. I will now call this meeting to order, this public meeting for the proposed Curfew law. The Legislative Operating Committee is hosting this public meeting to gather feedback from the community. The public meeting is not a question and answer period. The LOC will review and consider all comments received during the public comment period. The LOC will respond to all comments received in a memorandum, which will be submitted in the meeting materials of a future LOC meeting. All persons who wish to present oral testimony need to register on the sign in sheet at the back of the room. If you leave an email address on the sign in sheet, we can ensure you receive a copy of the memorandum. Additionally, written comments may be submitted to the Nation’s Secretary’s Office or to the Legislative Reference Office in person, by U.S. mail, interoffice mail, e-mail or fax as provided on the public meeting notice. These comments must be received by close of business on Thursday, July 25, 2019. In attendance with the LOC is myself, Ernie Stevens III. The LOC may impose a time limit for all speakers pursuant to section 109.8-3(c) of the Legislative Procedures Act. As the presiding LOC member, I am imposing a time limit of five (5) minutes. This time limit shall be applied equally to all persons. We will now begin today’s public meeting for the proposed Curfew law. The purpose of this law is to protect the health, safety, and welfare of persons and property within the Reservation by regulating the activities of minors on the Reservation during certain hours, while imposing certain obligations and responsibilities upon the parents, guardians, and/or legal custodians of a minor for the control and supervision of that minor. Those who wish to speak please come to the microphone. So, if you have any comments at this point, um we don’t have any signed up, we don’t have any information as far as anyone signing up before the meeting but um this would be the time to do that if you wish to come up and speak. That will be audio recorded for the record and then utilized in our discussions as the LOC. LOC Public Meeting Transcript of July 18, 2019 Page 1 of 3 27 of 148 YesAmy Williams: (inaudible) Ernest Stevens III: Hold on one second, sorry, wait. Sorry, I can hear you I just want to make sure its recording too. So, you just have to press that little button. [Speaker moves to table mic after standing mic not working.] Amy Williams: Is this better? Ernest Stevens III: Ope, yeah. Amy Williams: Hi, my name is Amy Williams. Um, so thanks for the opportunity to allow me to comment. Um, so I did have a chance to review the provisions of the proposal and um my comment is that I would be in favor of first an earlier time, perhaps four or five o’clock instead of six o’clock. And um, I think the reason is because we have three kids, all of them have had primarily athletic, but as well as academic, responsibilities that are before six o’clock. So, for example, our son has hockey practice at, sometimes practice starts at four or 4:30 a.m. which means leaving the house at four o’clock, so he’s out, he’s driving around. He’s a responsible, you know they are responsible kids doing what they are supposed to be doing. Um, so, I understand the spirit of what’s proposed in terms of, in terms of safety. I guess I would, I’m an advocate for also assuring in some ways that the proposed law isn’t too punitive and that there is some sort of discernment in terms of oh my gosh these kids are out here doing what they need to be doing and not be afraid that somehow they are going to get in trouble because they’re out there by themselves, especially the ones that can drive. So, our kids are out running, sometimes they have study groups in the morning, so um perhaps an earlier time, and that would be the first thing. And then as well as to assure that there are provisions or enough movement in the law where um you know whoever, police or whoever is enforcing, aren’t too punitive with kids who are going what they are supposed to be doing. So, our kids are usually under the purview of coaches who are telling them where to be and what time, or uh teachers or other study groups. So just that that would be added in addition to parents, guardians, and whatever language is. And that’s all. Ernest Stevens III: Thank you. Just a quick note, if we do not receive any more speakers I’m probably going to close this out at 5:10 p.m. So, we have about four minutes, so if more people show up we will give them more time to consider comments. So, for those who are here, you have that amount of time if you wish to provide testimony at the mic, thank you. Okay, it is 5:10 p.m. and seeing that there are no more speakers registered, I just want to take a quick moment just to give everyone in the room one last chance, if you wish to come provide testimony. ""' 000000 A good mind. A good heart. A strong fire. LOC Public Meeting Transcript of July 18, 2019 Page 2 of 3 ONEIDA 28 of 148 Seeing none approaching the mic, I’m gonna go ahead and close out this public meeting for the proposed Curfew law. It is now being closed at 5:10 p.m. So, uh, written comments may be submitted until close of business day, once again Thursday, July 25, 2019. Thank you for coming. -End of Meeting- ""' 000000 A good mind. A good heart. A strong fire. LOC Public Meeting Transcript of July 18, 2019 Page 3 of 3 ONEIDA 29 of 148 From: To: Subject: Date: Attachments: Patricia K. Degrand Clorissa N. Santiago RE: Curfew Law Friday, July 26, 2019 7:17:14 AM image003.png image005.png Yes, I would like to have the comments considered by the Legislative Operating Committee. You may treat them as official public meeting comments unless there is another way to meet with the Legislative Operating Committee to discuss them. I have an additional comment since my last email and updated some of the language, so here are my updated comments: Community Service: Community service has been ordered in the past and it was problematic. In child support contempt cases, parties were ordered to complete a set number of community service hours [Rule CS 2.8-2(c)]. The court order indicated that the community service would be monitored by the Oneida Nation Child Support Agency and completed through the Social Services Department. The court later discovered that there were no community service options being offered through the Social Services Department. Prior to ending the community service orders (community service is not being ordered at the present time), the court attempted to locate other community service options through the Nation but nobody expressed any interest in taking people on. I know liability and background check concerns were raised. While I know the judges would participate in discussions regarding community service, I am unsure as to whether they are going to be able to locate a list of options for people to use to complete community service requirements. I know Judge Collins has reached out to some of the other tribal courts and local municipal courts to find out if they are ordering community service and what community service options they utilize, although these options may not be culturally relevant or tied to the Oneida community. It would be useful if one of the Social Services Department employees, such as the Indigenous Cultural Wellness Practitioner, could serve as the intake for the minors ordered to do community service and monitor compliance to avoid a review hearing on every citation. Alternative to Fines or Community Service: It would be nice if there was an alternative to the penalties section that is similar to what the court has done with contempt findings. With the contempt findings, the court is able to allow a person one opportunity to comply or be held in contempt [803.26-3(b)(1)]. Typically the court will find the party in contempt, fine them, and then give them a purge condition such as no more findings of contempt within a period of X months. If the purge condition is satisfied, there is then no contempt finding or fine. Having an option similar to this to use with parents and minors could be useful as the citation could be dismissed if there are no further curfew citations issued within a set period of time. Judicial Branch: We had an internal discussion and the Family Court judges recognize that this law could be assigned to the Family Court. I ask that the LRO/LOC reconsider doing so. With the Children’s Code going into effect in October, there are a lot of unknowns with the Family Court’s caseload. One concern I have is with the permanency plan hearings and the effect 30 of 148 those will have on our calendar. We have an initial plan for the scheduling of the 6 and 12 month permanency plan review hearings, but realize that we might have to make adjustments depending on the number of cases that are filed/transferred. As curfew violations are typically general civil cases and the Trial Court can hear those matters [801.5-2(a)], please consider assigning this law to the Trial Court. The Trial Court is already hearing all other citations, some of which could involve minors, and adding the Curfew law to the Trial Court’s docket would help with the caseload distribution. Looking back at May – June 2019, the Family Court held court 20 of 22 days with a total of 68 hearings. The Trial Court held court 6 of 22 days with a total of 15 hearings (plus the peacemaking sessions that Judges Hill and Powless have done). If the Curfew Law is left in the Family Court, please don’t add any requirements to any upcoming citations law (if there will be one) that would mandate how quickly the Family Court needs to hold a curfew citation hearing so we can hold these on a bimonthly or trimonthly basis. Family Counseling: We should make Oneida Behavioral Health aware that orders for family counseling could be included in a curfew citation order. Per Capita Attachment: With minors being involved, we may end up with attachment orders that will not be enforceable for several years. For instance, if a minor is fined $150 and does not pay it, the court could pursue a per capita attachment. If the child is 14 at the time of the curfew violation order and does not pay, the final accounting may be received by the Trust Enrollment Department several years before the attachment will even be possible. The Trust Enrollment Department will need to be made aware of this. If the child involved is not eligible for a per capita payment, collection in some cases may be difficult. Pursuing a garnishment several years later when the child is of working age may not be feasible. The court, several years later, will not know where the 14-year-old who received a curfew violation is working at age 18. Exemptions to Curfew: 308.5-3(a) could give minors an unintended out if their parent or guardian tells them to get out of the house after the curfew goes into effect. Although, in this situation, OPD may only want to cite the parent. Fines: 308.7-1(a)(3) allows the Court to collect money owed through the Nation’s garnishment and/or per capita attachment process. The Family Court is in the process of developing a process for collecting guardian ad litem fees and may utilize the State Debt Collection program and the Wisconsin Tax Refund Interception Program (TRIP) as they are both available to tribal courts. Can this section be amended to add “or another collection process available to the Court”? Thank you. Pixie DeGrand Clerk of Family Court Oneida Judiciary (920) 496-7219 31 of 148 From: Clorissa N. Santiago Sent: Thursday, July 25, 2019 1:14 PM To: Patricia K. Degrand Subject: RE: Curfew Law Good Afternoon Pixie, I hope this email finds you well, and you are enjoying your Thursday afternoon. I just wanted to confirm whether or not you wanted the comments you submitted to me on June 18, 2019, regarding the proposed Curfew law to be considered as official public meeting comments and responded to by the Legislative Operating Committee formally through their public comment review memorandum? Sincerely, Clorissa N. Santiago Legislative Staff Attorney Legislative Reference Office Oneida Nation Office: (920) 869-4417 Cell: (920) 606-2884 https://oneida-nsn.gov/register/ From: Patricia K. Degrand Sent: Tuesday, June 18, 2019 8:27 AM To: Clorissa N. Santiago Subject: Curfew Law 32 of 148 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Legislative Operating Committee August 7, 2019 Child Support Law Amendments Submission Date: 3/7/18 LOC Sponsor: David P. Jordan Public Meeting: n/a Emergency Enacted: n/a Summary: This item was submitted to the LOC by the Child Support Agency’s attorney. Currently the Child Support Law is accompanied by two rules. The Child Support Agency want to create more rules, and proposed amending the law to include expanded rulemaking authority. 3/7/18LOC: Motion by Kirby Metoxen to add the Child Support Amendments to the active files list as a high priority and assign David P. Jordan as the sponsor; seconded by Daniel Guzman King. Motion carried unanimously. 4/5/18: Work Meeting. Present: Trina Schuyler, Lisa Peck, Clorissa Santiago, Brandon Wisneski, Michelle Gordon. The purpose of this work meeting was to review potential amendments to the Child Support law. 4/18/18: Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman King, Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Laura Laitinen-Warren. The purpose of this work meeting was to discuss the Child Support Department’s request for amendments, and determine if administrative rulemaking should be utilized. The drafting attorney will schedule a meeting with the LOC and the Child Support Department to begin discussing policy. 5/17/18: Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Lisa Peck, Michelle Gordon. The purpose of this work meeting was to discuss and determine specific policy amendments the Child Support Department is seeking, and to discuss and determine a plan to move this legislative item forward. 6/8/18: Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Lisa Peck, Michelle Gordon, Hon. Marcus Zielinski. The purpose of this work meeting was to begin discussing the reality of implementing bench warrants and other enforcement mechanisms. Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Lisa Peck, Michelle Gordon. The purpose of this work meeting is to begin discussing the potential amendments the Child Support Department wants the LOC to consider. 6/22/18: Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Lisa Peck. The purpose of this work meeting was to continue discussing potential amendments to the Child Support law. 7/13/18: Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Lisa Peck, Mike Hoeft. The purpose of this work meeting was to continue discussing potential amendments to the Child Support law. Page 1 of 3 33 of 148 8/9/18: Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Lisa Peck, Michelle Gordon, Hon. Marcus Zielinski, Hon. Robert Collins III, Rich Vanboxtel, Eric Boulanger. The purpose of this work meeting was to discuss the potential of utilizing bench warrants in regard to child support matters. 8/17/18: Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Lisa Peck, Michelle Gordon. The purpose of this work meeting was to continue discussing potential amendments to the review, review requested data regarding enforcement of child support, and determine next steps to moving this legislative item forward. 9/18/18: Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Lisa Peck. The purpose of this work meeting was to continue discussing potential amendments to the law. 10/12/18: Work Meeting: Present: Brandon Wisneski, Trina Schuyler. The purpose of this work meeting was to prepare for and discuss an upcoming work meeting with the LOC. 10/26/18: Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch. The purpose of this work meeting was to review the power point and handouts for the upcoming meeting with the LOC. 10/31/18: Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman, Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Trina Schuyler. During this work meeting Trina gave PowerPoint presentation on Oneida’s Child Support Department. The LOC was then presented with policy considerations for proposed amendments regarding enforcement tools and modification of a child support order for an incarcerated parent. The LOC considered the proposed ideas, and directed the LRO to move forward pursuing research and drafting. 11/9/18: Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch. The purpose of this work meeting was to discuss the LOC’s decisions regarding potential amendments, plan the next steps for moving forward, and plan an upcoming meeting with OPD. 12/6/18: Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch, Michelle Gordon. The purpose of this work meeting was to review drafted enforcement tools language and determine what information needs to be discussed with OPD in an upcoming work meeting scheduled for 12/10/18. 12/10/18: Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch, Michelle Gordon, Eric Boulanger. The purpose of this work meeting was to review drafted enforcement tools language and determine what information needs to be included in the Law. The LRO staff will bring the information collected during this work meeting to the LOC for their consideration. 12/19/18: Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens III, Jennifer Falck, Clorissa Santiago, Brandon Wisneski. The purpose of this work meeting was to discuss the 12/10/18 work meeting with Child Support and OPD, and reconsider policy considerations regarding enforcement tools. 1/4/19: Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch, Michelle Gordon. The purpose of this work meeting was to discuss the LOC’s recent decision to not pursue the addition of proposed enforcement tools, and to begin reviewing the draft from the beginning to discuss other potential amendments. 2/1/19: Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch, Michelle Gordon. The purpose of this work meeting was to continue reviewing the law line by line to discuss potential amendments. Page 2 of 3 34 of 148 3/1/19: Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch, Michelle Gordon, Porsche Skenandore-Wheelock. The purpose of this work meeting was to finish reviewing the law line by line to discuss potential amendments. LRO will update the draft with all the proposed revisions. 4/5/19: Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch, Porsche Skenandore-Wheelock. The purpose of this work meeting was to review the updated draft to ensure it adequately reflects decisions that were made regarding proposed amendments to the law. 4/30/19: Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch, Porsche Skenandore-Wheelock. The purpose of this work meeting was to continue reviewing the updated draft to ensure it adequately reflects the decisions and recommendations that were made regarding the proposed amendments to the law. Department will continue to review the proposed language for compliance, and we will finish the review of the last portion of the draft during the next meeting. 5/16/19: Work Meeting. Present: Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch, Michelle Gordon, JoAnne House, Tsyoshaaht Delgado. The purpose of this work meeting was to complete the review of the updated draft to ensure it adequately reflects the decisions and recommendations that were made regarding the proposed amendments to the law. LRO will now update the draft and bring it to the LOC for review and consideration. 7/17/19: Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman King, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to begin reviewing and making decisions to the proposed amendments to the Law. 7/18/19: Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman King, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to continue reviewing and making decisions as to the proposed amendments to the Law. 7/25/19: Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman King, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to continue reviewing and making decisions as to the proposed amendments to the Law. Next Steps:  Accept the draft of the proposed amendments to the Child Support law and the legislative analysis and defer to a work meeting for further consideration. Page 3 of 3 35 of 148 Draft 1 2019 08 07 Title 7. Children, Elders and Family - Chapter 704 shakoti>nuk&=lale> latiksash&ha> They watch over the children CHILD SUPPORT 704.1. Purpose and Policy 704.2. Adoption, Amendment, Repeal 704.3. Definitions 704.4. Jurisdiction 704.5. Initiating an Action for Child Support 704.6. Child Support Hearing Procedures 704.7. Determining the Child Support Obligation 704.8. Determining the Child Support Obligation in Special Circumstances 704.9. Child Support Order 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 704.10. Modification of a Child Support Order 704.11. Modification of a Child Support Order for an Incarcerated Parent 704.12. Compliance Plan 704.13. Enforcement of an Order 704.14. Alternative Payment Plans 704.15. Administrative Enforcement Action 704.16. Family Court Enforcement Action 704.17. Full Faith and Credit for Foreign Child Support Orders 704.18. Right of Appeal 704.1. Purpose and Policy 704.1-1. Purpose. The purpose of this law is to: (a) Establish the legal responsibility of parents to provide financially for their children’s general well-being; (b) Make support payments more equitable by ensuring consistent treatment of persons in similar circumstances; (c) Make support payments based on the real earning capability of parents; and (d) Improve the efficiency of child support establishment and enforcement. 704.1-2. Policy. It is the policy of this law to: (a) establish an adequate standard of support for children whose paternity has been established or acknowledged; (b) encourage the use of voluntary agreements to resolve disputes over child support obligations; and (c) limit the use and disclosure of personal information received or maintained by the Nation’s Family Court and/or the Oneida Nation Child Support Agency in order to protect the privacy rights of all parties and children who are involved in proceedings or actions under this law. 704.2. Adoption, Amendment, Repeal 704.2-1. This law was adopted by the Oneida Business Committee by 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 BC-__-__-__-__. 704.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 704.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 704.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 704.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 7 O.C. 704 – Page 1 36 of 148 Draft 1 2019 08 07 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 704.3. Definitions 704.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Administrative enforcement action” means enforcement action taken by the Oneida Nation Child Support Agency. (b) “Agency” means the Oneida Nation Child Support Agency established to administer and supervise the Nation’s child support enforcement program. (c) “Alternative payment plan” means a negotiated agreement between the Agency and an obligor, or an order set by the Family Court, to establish terms and conditions for the payment of arrears. (d) “Basic support costs” means food, shelter, clothing, transportation, personal care, and incidental recreational costs. (e) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding holidays recognized by the Nation. (f) “Child” means a natural or adopted child of the obligor under the age of eighteen (18), or any person who is less than nineteen (19) years old if he or she is pursuing a high school diploma or its equivalent from an accredited course of instruction. (g) “Child support” means the total financial obligation a parent has towards his or her child as established through judicial and/or administrative processes. (h) “Child Support Obligation of Low-Income Payers Schedule” means the Wisconsin Department of Children and Families Child Support Obligation of Low-Income Payers at the Federal Poverty Guidelines, found in DCF 105 Appendix C. (i) “Child support order” means a judgment of the Family Court or a court of competent jurisdiction ordering payment of child support which provides monetary support, health care, arrearages, or reimbursement, and which may include related costs and fees, interest and penalties, income withholding, attorney’s’ fees and other relief. (j) “Current six (6) month treasury bill rate” means the yield of a U.S. government security with a term of six (6) months. (k) “Custodial parent” means the parent who exercises physical custody of the child pursuant to a custody order, on the basis of agreement between the parents or in the absence of one parent. A legal guardian with primary physical custody of the child or children and standing in the position of the parent shall have the same rights to child support as a custodial parent. (l) “Employer” means any individual, business, government, institution, or other entity paying wages to one or more employees. (m) “Equity” means the fair market value of property minus the liens on that property with priority over the child support lien. (n) “Equivalent care” means a period of time during which the parent cares for the child that is not overnight, but is determined by the court to require the parent to assume the basic support costs that are substantially equivalent to what the parent would spend to care for the child overnight. Blocks of time with the child of at least six (6) hours may be considered the equivalent of a half-day if a meal is provided during that time period. Two (2) half-day blocks may be considered the equivalent of an overnight. (o) “Family Court” means the branch of the Nation’s Judiciary that is designated to handle all matters related to the family and/or children. (p) “Gross income” means any form of payment due to an individual regardless of source, including, but not limited to: 7 O.C. 704 – Page 2 37 of 148 Draft 1 2019 08 07 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 (1) Salary and wages, including overtime pay; (2) Interest and investment income; (3) Social Security disability and old age insurance benefits under 42 U.S.C. §401 to 433; (4) Net proceeds resulting from worker’s compensation or other personal injury awards intended to replace income; (5) Unemployment insurance; (6) Income continuation benefits; (7) Voluntary deferred compensation and employee contributions to the following: employee benefit plan, profit-sharing, pension or retirement account; (8) Military allowances and veterans disability compensation benefits; (9) Undistributed income of a corporation or any partnership in which the parent has an ownership interest sufficient to individually exercise control or to access the earnings of the business, unless the income included is an asset; (10) Per capita distribution payments; (11) Lease or rental income; (12) Prizes over one thousand dollars ($1,000); and (13) All other income, whether taxable or not, except that gross income does not include any of the following: (A) Child support; (B) Foster care payments; (C) Kinship care payments; (D) Public assistance benefits, except that child care subsidy payments shall be considered income to a child care provider; (E) Food stamps; (F) Public assistance or financial hardship payments paid by a county or a Nation; (G) Supplemental Security Income under 42 U.S.C. §1381 to 1383(f) and state supplemental payments; or (H) Payments made for social services. (q) “Immediate family member” means an individual’s husband, wife, mother, father, step-mother, step-father, son, daughter, step-son, step-daughter, brother, sister, stepbrother, step-sister, grandparent, grandchild, mother-in-law, father-in-law, daughter-inlaw, son-in-law, brother-in-law or sister-in-law and any of the these relations attained through legal adoption. (r) “Income withholding” means the process whereby a court order, Family Court order, or voluntary wage assignment directs an employer, bank, or agent holding monies or property of an obligor, to make payments or deliver property to satisfy a child support obligation. (s) “Intact family” means a family in which the child or children and the obligor reside in the same household and the obligor shares his or her income directly with the child or children and has a legal obligation to support the child or children. (t) “Legally incompetent adult” means a person at least eighteen (18) years old who has been declared incompetent by a court of competent jurisdiction because he or she is temporarily or permanently impaired to the extent that the person lacks sufficient understanding to make or communicate responsible personal decisions. (u) “Lien amount” means the difference between the monthly amount of support due and the arrears in a case. 7 O.C. 704 – Page 3 38 of 148 Draft 1 2019 08 07 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 (v) “Lien docket” means the registry kept by the State of Wisconsin containing the names of people who owe past-due child support. (w) “Low-income obligor” means an obligor for whom the Family Court uses the monthly support amount provided in the schedule in the Child Support Obligation of Low-Income Payers Schedule based on the Family Court’s determination that the obligor’s total economic circumstances limit his or her ability to pay support at standard percentages and the obligor’s income is at a level set forth in the schedule in the Child Support Obligation of Low-Income Payers Schedule. (x) “Marital child” means a child born during the marriage of his or her parents. In addition, if the father and mother of a non-marital child enter into a lawful marriage or a marriage which appears and they believe is lawful, except where the parental rights of the mother were terminated before either of these circumstances, the child becomes a marital child and shall enjoy all of the rights and privileges of a marital child as if he or she had been born during the marriage of the parents. The children of all marriages declared void under the law are nevertheless marital children. (y) “Monthly income” means the obligor’s annual gross income or, if applicable, the obligor’s annual income modified for business expenses; plus the obligor’s annual income imputed based on earning capacity; plus the obligor’s annual income imputed from assets; divided by twelve (12). (z) “Nation” means the Oneida Nation. (aa) “Non-custodial parent” means the parent of a child who does not hold primary care, custody and/or control of a child. (bb) “Non-legally responsible relative” means a relative who assumes responsibility for the care of a child without legal custody, but is not in violation of a court order. A nonlegally responsible relative does not include a relative who has physical custody of a child during a court-ordered visitation period. (cc) “Obligee” means the person or entity to whom child support is owed. (dd) “Obligor” means the person who is obliged to pay child support to the obligee. (ee) “Ownership interest” means any personal financial interest. (ff) “Parent” means the natural or adoptive parent of the child. (gg) “Payor” means a person or entity with a legal obligation, as an employer, buyer of goods, debtor, or otherwise, to pay an obligor. (hh) “Reservation” means all lands within the exterior boundaries of the Reservation of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, and any lands added thereto pursuant to federal law. (ii) “Serial family obligor” means an obligor with an existing legal obligation for child support who incurs an additional legal obligation for child support in a subsequent family as a result of a child support order. (jj) “Shared-placement obligor” means a parent who has an ordered period of placement of at least twenty-five percent (25%), is ordered by the Family Court to assume the child’s basic support costs in proportion to the time that the parent has placement of the child and is determined to owe a greater support amount than the other parent. (kk) “Split-placement obligor” means an obligor who has two (2) or more children and who has physical placement of one (1) or more children but not all of the children. (ll) “Substantial change of income” means the obligor has a significant change in his or her finances that would lead to a change in child support of more than fifteen percent (15%) and fifty dollars ($50.00) per month. 7 O.C. 704 – Page 4 39 of 148 Draft 1 2019 08 07 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 (mm) “Variable costs” means the reasonable costs above basic support costs incurred by or on behalf of a child, including but not limited to, the cost of child care, tuition, a child’s special needs, and other activities that involve substantial cost. (nn) “Threshold” means an amount, expressed as either a percentage of the monthly amount due, a fixed dollar amount, or both, that the lien amount must equal or exceed before an administrative enforcement action may be used to enforce a child support order. 704.4. Jurisdiction 704.4-1. The Family Court has jurisdiction over any action brought under this law. 704.4-2. Personal Jurisdiction. Personal jurisdiction over an individual under this law may be established where one party or a child of the parties is any of the following: (a) a member of the Nation; (b) a resident of the Reservation who is also a member of an Indian tribe, band or community which is recognized by a State or the federal government; (c) a resident of the Reservation who is also the biological parent of a child that is enrolled or is eligible for enrollment with the Nation; or (d) an individual who consents to the jurisdiction of the Family Court by one (1) of the following means: (1) Filing an action with the Family Court; (2) Knowingly and voluntarily giving written consent to the jurisdiction of the Family Court; (3) Entering a notice of appearance before the Family Court in an action without concurrently preserving the defense of lack of personal jurisdiction or filing a motion to dismiss for lack of personal jurisdiction within thirty (30) days of entering the notice of appearance; or (4) Appearing in an action before the Family Court without asserting the defense of lack of personal jurisdiction. 704.4-3. Personal jurisdiction over the other party may be established using any method provided by law, including long-arm jurisdiction procedures as provided for in Section 201 of the Uniform Interstate Family Support Act as referred to in 42 U.S.C. §666. 704.4-4. Transfer of Cases from Other Courts. If personal jurisdiction over the parties has been established under this law, the Family Court has jurisdiction over any action transferred to the Family Court from any court of competent jurisdiction. 704.5. Initiating an Action for Child Support 704.5-1. Every parent has a duty to support each and every child of that parent. A child support order may be obtained from the Family Court by either submitting a voluntary agreement to the Family Court for approval or by filing a petition for child support with the Family Court. (a) If a party to the action is a minor or is a legally incompetent adult, the Family Court may appoint a guardian ad litem to represent such party in the action. 704.5-2. For assistance in seeking a child support order a party may request the services of the Agency or may be referred to the Agency from an entitlement program. 704.5-3. Initiation of Action by the Agency. (a) Within seven (7) business days of receiving a completed application for services or a referral, the Agency shall send the non-custodial parent a Letter of Request for Support and Financial Disclosure form. 7 O.C. 704 – Page 5 40 of 148 Draft 1 2019 08 07 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 (b) If the non-custodial parent fails to respond to or take action on the Letter of Request for Support and Financial Disclosure form within ten (10) business days, the custodial parent, or the Agency when required by federal law, may initiate a hearing in accordance with this law. (c) If the non-custodial parent responds within the required time period after receiving a Letter of Request for Support and Financial Disclosure form, the parties shall attempt to enter into a voluntary agreement. 704.5-4. Voluntary Agreement. The parties may enter into a voluntary agreement at any time as to the level of the child support obligation. (a) The Agency shall assist parties in reaching a voluntary agreement upon request or when the parties are referred to the Agency by an entitlement program. Parties may also submit a voluntary agreement to the Family Court for approval without the Agency’s assistance. (b) In order for a voluntary agreement to be valid the following conditions shall be met: (1) The agreement shall be in writing, signed, and notarized; (2) If the parties deviate from the percentage standards, the agreement shall state the amount of support that would have been ordered by the percentage standards and the reasons for deviating from the percentage standards; (3) All parties shall sign the agreement free of duress and coercion; and (4) The Family Court shall make written findings that the agreement is appropriate, using the criteria for deviating from standard percentages as a guideline, if applicable. (c) After the agreement is approved and filed by the Family Court, it shall have the same force and effect as an order issued by the Family Court. The obligation of the obligor to pay child support shall commence on the date specified in the agreement, but no later than the date the agreement is approved and filed by the Family Court. 704.5-5. Petition to Establish Child Support. If the parties do not enter into a voluntary agreement, then a petition to establish child support may be filed with the Family Court. The petition to establish child support may be filed as a separate proceeding or in connection with a petition for child custody. (a) Initiating an Action with the Family Court. Any of the following individuals may initiate an action for the establishment of child support by filing a petition with the Family Court: (1) a custodial parent; (2) a child’s mother; (3) a child’s father; (4) a child’s guardian ad litem; (5) a child’s non-legally responsible relative; (6) a legally incompetent adult’s guardian ad litem; or (7) the Agency. (b) Requirements of the Petition. The petition to establish child support shall include the following: (1) The name, date of birth and address of the petitioner and respondent; (A) If the address of the respondent is unknown, other departments of the Nation shall cooperate with the Family Court, at the Family Court’s request, to provide the Family Court with the respondent’s address. Any such Family Court requests shall be made in such a way which protects 7 O.C. 704 – Page 6 41 of 148 Draft 1 2019 08 07 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 the privacy rights of all parties and children who are involved in proceedings or actions under this law. (B) Nondisclosure of Information in Protected Cases. Upon a finding, which may be made ex parte, that the health, safety or welfare of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, the Family Court shall order that the address of the child or party, or other identifying information, not be disclosed in a pleading or other document filed in a proceeding under this law. (2) A separate form which has the parties and the child’s name, date of birth and social security number. This form shall be kept separate from the petition and shall be maintained in a confidential file. The form shall be available only to the parties, the parties’ attorneys or advocates, the Agency, or any person authorized by the Family Court to have access to the form. (c) Hearing Date. Upon receipt of a petition, the Family Court shall schedule a hearing to determine child support to be held at a time after the filing of the petition and consistent with the manner of service. (d) Notice. All parties shall be notified of the petition and of all hearings, and shall be given an opportunity to be heard. Notice initiating an action shall be served by certified mail (return receipt requested) or in person within fifteen (15) calendar days after the petition is filed with the Family Court. All mailing of notice shall include the Family Court clerk’s return address, with a request to file answer to that address. Subsequent notice shall be served by first-class mail to the recently verified last-known address of the party. (1) Certified mail. Certified mail sent to a party’s most recently verified lastknown address but returned because it was unclaimed or refused shall constitute constructive service. Certified mail returned for other reasons shall require service by other methods pursuant to the Oneida Judiciary Rules of Civil Procedure. (2) Publication. When a responding party cannot be found after diligent attempts and attempts to serve the responding party by certified mail have failed, the petitioner may ask the Family Court to direct the Agency to provide service by publication. If the request is granted, the Agency shall publish the petition in the Nation’s newspaper or a newspaper of general circulation in the county of residence of the respondent, if known. Publication shall be designated as a Legal Notice and confidential information shall be redacted. (A) If service by publication is permitted and there is insufficient time for notice and answer pursuant to this law, the Family Court shall re-schedule the hearing appropriately and may permit extended time deadlines for default orders and for hearings in order to provide for fair notice and opportunity for the party to respond. (e) Summons and Petition. The summons to be served on the respondent(s), along with the petition, shall include the following notice, in addition to providing a time and date for appearance: (1) That if he or she chooses not to appear at the hearing or enter a defense to the petition challenging the authority of the Family Court to hear the matter by the date of the hearing, the hearing shall proceed on the basis of the petitioner’s evidence; 7 O.C. 704 – Page 7 42 of 148 Draft 1 2019 08 07 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 (2) That a child support order may require the respondent to pay child support until the child reaches eighteen (18) years of age or until the child graduates from high school, or its equivalent, up to age nineteen (19); (3) That the respondent’s license(s) may be suspended or denied for failure to pay child support, in addition to other enforcement actions; (4) That the respondent’s employer or others with evidence of the respondent’s income may be subpoenaed to provide the Family Court with records of his or her earnings; (5) That if the respondent is unemployed, it shall still be determined that he or she is able to provide some degree of child support and an order of support shall be calculated according to this law unless the Family Court makes written findings ordering otherwise; and (6) That any answer to the petition shall be filed with the Family Court within twenty (20) calendar days of the date of service of the petition, and a copy served on the other party. (f) Answers. Answers shall be filed with the Family Court and served on the petitioner within twenty (20) calendar days of the date of service of the petition. (g) Subpoenas. Upon request of either party, the Family Court shall issue subpoenas to any person in possession of relevant information to appear or produce documents to the Family Court. Failure to comply with such a subpoena may be punishable as contempt. 704.6. Child Support Hearing Procedures 704.6-1. The factual determinations made at a hearing shall be limited to the income and expense information necessary to determine the appropriate level of support according to this law. 704.6-2. The Family Court may utilize discovery procedures and contempt powers, as authorized by any law, policy, or rule of the Nation to obtain information relevant to the establishment or enforcement of child support. These procedures may include the following: (a) Issue subpoenas requiring necessary and relevant parties to appear in person and provide testimony; (b) Issue subpoenas requiring the production of evidence; (c) Obtain information about property or assets to assess its value or funding source for lien or seizure actions; (d) Obtain information about the income of any party to the action; and/or (e) Issue contempt findings for failure to comply with the lawful order of the Family Court. 704.6-3. Both parties have the right to representation by an attorney and/or advocate at his or her own expense. The Nation shall not be required to pay for any fees and/or expenses incurred by any party in connection with proceedings under this law. 704.6-4. Temporary Orders. At any time after a child’s parentage has been established, the Family Court may make a temporary order for the payment of child support and the child’s health care expenses. Before making a temporary order, the Family Court shall consider those factors that the Family Court is required to consider when granting a final child support order. If the Family Court makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard, the requirements of section 704.7-8 shall be complied with. 7 O.C. 704 – Page 8 43 of 148 Draft 1 2019 08 07 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 704.6-5. Default. If the respondent fails to appear at the hearing upon a showing of valid service and the petitioner presents evidence of the obligation by the absent party, a child support order shall be entered pursuant to the evidence. 704.6-6. Hearings and Records Closed. Child support proceedings shall be closed to any person other than those necessary to the action or proceeding. Records of child support cases shall remain confidential and shall only be viewed by the parties, the legal guardian of a party who is a minor, the parties’ attorney or advocate, Judges and staff assigned to the case, and those other persons who first obtain a written release from a party to view material contained in the record. 704.7. Determining the Child Support Obligation 704.7-1. The Family Court shall determine child support payments by using the percentage standards established in section 704.7-2 of this law, except as provided elsewhere in this law. The obligor’s monthly income shall be considered in determining his or her child support obligation. 704.7-2. Percentage Standards to Determine the Amount of Child Support. (a) The following percentages shall be applied to the portion of an obligor’s monthly income available for child support that is less than seven thousand dollars ($7,000): (1) seventeen percent (17%) for one (1) child; (2) twenty-five percent (25%) for two (2) children; (3) twenty-nine percent (29%) for three (3) children; (4) thirty-one percent (31%) for four (4) children; and (5) thirty-four percent (34%) for five (5) or more children. (b) The following percentages shall be applied to the portion of an obligor’s monthly income available for child support that is greater than or equal to seven thousand dollars ($7,000) and less than or equal to twelve thousand five hundred dollars ($12,500): (1) fourteen percent (14%) for one (1) child; (2) twenty percent (20%) for two (2) children; (3) twenty-three percent (23%) for three (3) children; (4) twenty-five percent (25%) for four (4) children; and (5) twenty-seven percent (27%) for five (5) or more children. (c) The following percentages shall be applied to the portion of an obligor’s monthly income available for child support that is greater than twelve thousand five hundred dollars ($12,500): (1) ten percent (10%) for one (1) child; (2) fifteen percent (15%) for two (2) children; (3) seventeen percent (17%) for three (3) children; (4) nineteen percent (19%) for four (4) children; and (5) twenty percent (20%) for five (5) or more children. 704.7-3. Determining Income Modified for Business Expenses. In determining an obligor’s monthly income, the Family Court may adjust an obligor’s gross income as follows: (a) Adding wages paid to dependent household members. (b) Adding undistributed income that the Family Court determines is not reasonably necessary for the growth of the business. The obligor shall have the burden of proof to show that any undistributed income is reasonably necessary for the growth of the business. (c) Reducing gross income by the business expenses that the Family Court determines are reasonably necessary for the production of that income or operation of the business 7 O.C. 704 – Page 9 44 of 148 Draft 1 2019 08 07 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 and that may differ from the determination of allowable business expenses for tax purposes. 704.7-4. Determining Income Imputed Based on Earning Capacity. When an obligor’s income is less than the obligor’s earning capacity or is unknown, the Family Court may impute income to the obligor at an amount that represents the obligor’s ability to earn. (a) The obligor’s ability to earn may be based on the obligor’s: (1) education, training, and recent work experience; (2) earnings during previous periods; (3) current physical and mental health; (4) history of child care responsibilities as the parent with primary physical placement; and (5) the availability of work in or near the obligor’s community. (b) If evidence is presented that due diligence has been exercised to ascertain information on the obligor’s actual income or ability to earn and that information is unavailable, the Family Court may impute to the obligor the income that a person would earn by working thirty-five (35) hours per week for the federal minimum hourly wage. In addition to imputed income, the Family Court may order the non- custodial parent to search for a job or participate in a work experience and job training program. (c) If an obligor has gross income or income modified for business expenses below his or her earning capacity, the income imputed based on earning capacity shall be the difference between the obligor’s earning capacity and the obligor’s gross income or income modified for business expenses. 704.7-5. Determining Income Imputed from Assets. (a) The Family Court may impute a reasonable earning potential to an obligor’s assets if the Family Court finds both of the following: (1) The obligor has ownership and control over any real or personal property, including but not limited to, life insurance, cash and deposit accounts, stocks and bonds, business interests, net proceeds resulting from worker’s compensation or other personal injury awards not intended to replace income, and cash and corporate income in a corporation in which the obligor has an ownership interest sufficient to individually exercise control and the cash or corporate income is not included as gross income. (2) The obligor’s assets are underproductive and at least one (1) of the following applies: (A) The obligor has diverted income into assets to avoid paying child support. (B) Income from the obligor’s assets is necessary to maintain the child or children at the standard of living they would have had if they were living with both parents. (b) The Family Court shall impute income to assets by multiplying the total net value of the assets by the current six (6) month treasury bill rate or any other rate that the Family Court determines is reasonable and subtracting the actual income from the assets that were included as gross income. 704.7-6. Adjustment for Child’s Social Security Benefits. The Family Court may consider benefits received by a child under 42 U.S.C. §402(d) based on a parent’s entitlement to federal disability or old-age insurance benefits under 42 U.S.C. §401 to 433 and adjust an obligor’s child support obligation by subtracting the amount of the child’s benefit. In no case may this adjustment require the obligee to reimburse the obligor for any portion of the child’s benefit. If 7 O.C. 704 – Page 10 45 of 148 Draft 1 2019 08 07 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 the obligor is receiving the child’s benefit, the support amount is either the percentage standard applied to the obligor’s income or the amount of the child’s benefit, whichever is greater. (a) Determining the Child Support Obligations of Shared-Placement Parent when the Child Receives Social Security Benefits. If the shared-placement guidelines under section 704.8-2 apply, the child’s benefit is split between the parents in proportion to the amount of time the child spends with each parent. Add the proportion of the child’s benefit that represents the proportion of time the child spends with the parent not receiving the benefit to the support obligation of the parent who is receiving the child’s benefit. Child support shall be determined as follows: (1) Determine each parent’s monthly income available for child support under section 704.7-2. If a parent has one (1) or more previous child support obligations, determine the parent’s monthly income available for child support adjusted for the previous obligations as provided in section 704.8-1. Include the parent’s federal disability or old age insurance benefits under 42 U.S.C. §401 to 433 in that parent’s income, but do not include the child’s benefit under 42 U.S.C. §402 (d) in either parent’s income. (2) Multiply each parent’s monthly income available for child support by the appropriate percentage standard under section 704.7-2. (3) Multiply each amount determined under section 704.7-6(a)(2) by one hundred and fifty percent (150%). (4) Multiply the amount determined for each parent in section 704.7-6(a)(3) by the proportion of time that the child spends with the other parent. (5) Multiply the amount of the child’s benefit by the proportion of the time the child spends with the parent who is not receiving the child’s benefit. (6) Add the amount in section 704.7-6(a)(5) to the child support obligation calculated in section 704.7-6(a)(4) for the parent who is receiving the child’s benefit. (7) Offset the resulting amounts against each other. The parent with the greater child support obligation is the shared-placement obligor. The shared-placement obligor shall pay either the greater of the amount determined in this subsection or the amount determined using the appropriate percentage standard under section 704.7-2. 704.7-7. Claiming Children for Tax Purposes. The Family Court may address who may claim the child for tax purposes or accept a stipulation entered into by the parties re [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%3Ab79a3c0d2460b4bc. Public record. Not legal advice.