WINNEBAGO TRIBAL CODE (2025)
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WINNEBAGO TRIBAL CODE
TITLE 12
TITLE 12
FAMILY RELATIONS
SUMMARY OF CONTENTS
SECTION
ARTICLE-PAGE
1. TABLE OF REVISIONS
ii
2. TABLE OF CONTENTS
iii
3. ARTICLE 1: [RESERVED]
1-1
4. ARTICLE 2: DOMESTIC AND FAMILY VIOLENCE ACT
2-1
5. ARTICLE 3: WINNEBAGO CHILD SUPPORT ENFORCEMENT
IV-D PROGRAM ACT; ESTABLISHMENT AND DUTIES
3-1
6. ARTICLE 4: WINNEBAGO PARENTAGE ACT
4-1
7. ARTICLE 5: WINNEBAGO CHILD SUPPORT ACT
• PRELIMINARY PROVISIONS
• ESTABLISHMENT & MODIFICATION OF CHILD SUPPORT
• TRIBAL TANF & ASSIGNMENT OF CHILD SUPPORT
PAYMENTS TO THE WTN-CSEP
• LOCATION OF A MISSING OBLIGOR, ASSETS, AND
OBLIGEE BY THE WTN-CSEP
• PAYMENTS, COLLECTION, DISTRIBUTION, AND
ARREARS
• CIVIL REMEDIES FOR ENFORCEMENT OF CHILD
SUPPORT ORDERS
• INTERGOVERNMENTAL CHILD SUPPORT CASES –
AFFORDING FULL FAITH AND CREDIT
• REGISTRATION OF FOREIGN CHILD SUPPORT ORDER
FOR ENFORCEMENT
• REGISTRATION OF FOREIGN CHILD SUPPORT ORDERS
FOR MODIFICATION
5-1
5-3
5-7
5-11
i
5-13
5-13
5-16
5-24
5-24
5-26
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12
TITLE 12
TABLE OF REVISIONS
The following table is included in this title to show the legislative history for each article and as a
guide for determining whether each article properly reflects the current version. This table will be updated
as each article is revised.
Pages in bound titles can be inserted and removed when sections are revised on an article-byarticle basis. This table should be placed before the Table of Contents in the title.
The “Article” column lists each article number and the “Section” column lists any corresponding sections
that have been revised, in sequence. The “Revised Date” column reflects the effective date of the revision
(e.g., “6/20/15”). The “Resolution No.” column identifies the resolution approving the revision that was
adopted by the Winnebago Tribal Council. If an article is not listed in the table, it has not been revised
since the initial adoption of this title of the Tribal Code.
Article
Section
Resolution No.
Revised Date
2
201-236
96-55
5/24/96
2
3
4
5
5
2
201-236
301-305
401-459
501-566
558, 567-571
201-235
06-26
08-79
08-79
08-79
14-86
24-121
12/7/05
8/8/08 (effective 9/7/08)
8/8/08 (effective 9/7/08)
8/8/08 (effective 9/7/08)
5/21/14
5/3/24
ii
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12
TITLE 12
FAMILY RELATIONS
ARTICLE 1
[Reserved]
TITLE 12
ARTICLE 2
DOMESTIC AND FAMILY VIOLENCE ACT
(As amended and approved May 3, 2024)
12-201
12-202
12-203
12-204
12-205
12-206
12-207
12-208
12-209
12-210
12-211
12-212
12-213
12-214
12-215
12-216
12-217
12-218
12-219
12-220
Purpose and Findings.
Definitions.
Domestic or Family Violence; Crime
Involving Domestic or Family Violence;
Penalties; Mandatory Intervention.
Possession of a Firearm.
Duties of Law Enforcement to Victim;
Required Notice.
Determination
of
Predominant
Aggressor; Required Report.
Mandatory Arrest Provisions.
Authority of Law Enforcement to Seize
Weapons.
Conditions of Release.
Written Procedures for Prosecution.
Duty of Prosecutor to Notify Victim.
Record of Dismissal.
Dismissal Prohibited Due to Civil
Compromise.
Rights of Victims.
Spousal Privileges Inapplicable.
Advocate-Victim Privilege.
Residential Confinement; Visitation in
Home of Victim Prohibited.
Diversion Prohibited.
Required Policies and Procedures.
Eligible Petitioners for Protection Orders.
12-221
12-222
12-223
12-224
12-225
12-226
12-227
12-228
12-229
12-230
12-231
12-232
12-233
12-234
12-235
iii
Uniform Documents for Petitions and
Orders; Required Statements; Duties of
Clerk.
Jurisdiction; Venue; Residency not
Required to Petition.
Continuing Duty to Inform Court of
Other Proceedings; Effect of Other
Proceedings; Delay of Relief Prohibited;
Omission of Petitioner’s Address.
Emergency Order for Protection.
Order for Protection; Modification of
Orders; Relief Available Ex Parte; Relief
Available After Hearing; Duties of the
Court; Duration of Order.
Required Hearings; Duty When Order for
Protection Denied.
Effect of Action by Petitioner or
Respondent on Order.
Denial of Relief Prohibited.
Mutual Orders for Protection.
Violation of Certain Orders for
Protection.
Court-ordered
and
Court-referred
Mediation Prohibited.
Court Costs and Fees.
Court-referred Assistance to Victims of
Domestic and Family Violence.
Full Faith and Credit.
Mandatory Training.
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12
TITLE 12
ARTICLE 3
WINNEBAGO CHILD SUPPORT ENFORCEMENT IV-D PROGRAM ACT;
ESTABLISHMENT AND DUTIES
12-301
12-302
12-303
Act, How Cited.
Purpose.
Definitions.
12-304
12-305
iv
Authority and Responsibility of the
WTN-CSE.
Program Participation and Funding.
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12
TITLE 12
ARTICLE 4
WINNEBAGO PARENTAGE ACT
12-401
12-402
12-403
12-404
12-405
12-406
12-407
12-408
12-409
12-410
12-411
12-412
12-413
12-414
12-415
12-416
12-417
12-418
12-419
12-420
12-421
12-422
12-423
12-424
12-425
12-426
12-427
12-428
12-429
12-430
Act, How Cited.
Purpose of Act.
Definitions.
Subject Matter Jurisdiction.
Personal Jurisdiction.
Protection of Participants.
Authorized Release of Case Records and
Other Information.
Publication of Proceedings.
Penalty for Unauthorized Disclosure.
Notice.
Establishment of Parent-Child
Relationship.
No Discrimination Based on Marital
Status.
Consequences of Establishment of
Parentage.
Presumption of Paternity.
Tribal Acknowledgement and Denial of
Paternity – Duties of the WTN-CSEP.
Tribal Acknowledgment of Paternity –
Execution.
Tribal Denial of Paternity by a Presumed
Father.
Rules for Tribal Acknowledgment and
Denial of Paternity.
Effect of Tribal Acknowledgment or
Denial of Paternity.
No Filing Fee.
Proceeding for Rescission.
Challenge After Expiration of Period for
Rescission.
Procedure for Rescission or Challenge.
Full Faith and Credit.
Release of Information – Tribal
Acknowledgment or Denial of Paternity.
Scope of Genetic Testing.
Order for Genetic Testing.
Requirements for Genetic Testing.
Report of Genetic Testing.
Genetic Testing Results – Rebuttal.
12-431
12-432
12-433
12-434
12-435
12-436
12-437
12-438
12-439
12-440
12-441
12-442
12-443
12-444
12-445
12-446
12-447
12-448
12-449
12-450
12-451
12-452
12-453
12-454
12-455
12-456
12-457
12-458
12-459
v
Costs of Genetic Testing.
Additional Genetic Testing.
Genetic Testing When Specimens Not
Available.
Deceased Individual.
Identical Brothers.
Confidentiality of Genetic Testing.
Proceeding to Adjudicate the Parentage
of a Child – Authorization.
Standing to Maintain Proceeding.
Parties to Proceeding.
No Limitation – Child Having No
Presumed, Acknowledged, or
Adjudicated Father.
Limitation – Child Having Presumed
Father.
Authority to Deny Motion for Genetic
Testing.
Limitation – Child Having
Acknowledged or Adjudicated Father.
Joinder of Proceedings.
Proceeding Before Birth.
Child as Party – Representation.
Admissibility of Results of Genetic
Testing – Expenses.
Consequences of Declining Genetic
Testing.
Admission of Paternity Authorized.
Temporary Order.
Rules of Adjudication of Paternity.
Jury Prohibited.
Closed Hearings.
Order on Default.
Dismissal for Want of Prosecution.
Order Adjudicating Parentage.
Binding Effect of Determination of
Parentage.
Liability for Collection of Support.
Application of the Winnebago Parentage
Act.
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12
TITLE 12
FAMILY RELATIONS
ARTICLE 5
WINNEBAGO CHILD SUPPORT ACT
(As revised May 21, 2014)
PRELIMINARY PROVISIONS
12-501
12-502
12-503
12-504
12-505
12-506
Act, How Cited.
Findings.
Purpose.
Definitions.
Jurisdiction.
Protection of Participants —
Confidentiality of Case Records.
12-507 Authorized Release of Case Records and
Other Information.
12-508 Penalty for Unauthorized Disclosure.
12-509 Attorney Represents Tribe’s Interest in the
Enforcement of Child Support
Obligations.
12-510 Notice.
ESTABLISHMENT & MODIFICATION OF CHILD SUPPORT
12-511
12-512
12-513
12-514
12-515
12-516
12-517
Duty to Support Children.
Liability of Stepparent For Support.
Termination of Parental Rights – Duty of
Support.
Support For Children After Majority –
Retroactive Application.
Support by Tribe – Liability of Parent’s
Estate.
Allowance to Parent for Support of
Child.
Duration of Child Support Obligations.
12-518 Periodic Review of Child Support Orders.
12-519 Notice of Periodic Review of Child
Support Orders.
12-520 Obligor’s Duties Upon Review – Failure
to Provide Information.
12-521 Notice of Review Determination.
12-522 Motion for Amendment of Child Support
Order – How Made – Presumption When
Obligor’s Income Unknown.
12-523 Request For Review – Notice of Right to
Request Review.
TRIBAL TANF & ASSIGNMENT OF CHILD SUPPORT PAYMENTS TO THE WTN-CSEP
12-524
12-525
12-526
12-527
Recipients of Tribal TANF - Assignment
of Support Payments.
Families-First Distribution of Child
Support Arrearages.
Existing Assignments.
Effect of Assignment.
12-528 Cooperation with Winnebago Tribe of
Nebraska Child Support Enforcement
Program (WTN-CSEP).
12-529 Non-Cooperation with the WTN-CSEP.
12-530 Assignment of Rights; Judgment.
LOCATION OF A MISSING OBLIGOR, ASSETS, AND OBLIGEE BY THE WTN-CSEP
12-531
Location Activities of the WTN-CSEP.
PAYMENTS, COLLECTIONS, DISTRIBUTION, AND ARREARS
12-532
12-533
12-534
Mandatory Payment of Child Support
Obligations to the WTN-CSEP.
Collections and Distribution – General
Rule, Current Receipt of Tribal TANF,
Former Receipt of Tribal TANF.
Overpayments.
12-535 Arrears.
12-536 Child Support Order – Required Interest
Statement on Arrears.
12-537 Interest Waived on Arrearages.
12-538 Offsets of Child Support.
12-539 Agreements to Waive Child Support.
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WINNEBAGO TRIBAL CODE
TITLE 12
CIVIL REMEDIES FOR ENFORCEMENT OF CHILD SUPPORT ORDERS
12-540
12-541
12-542
12-543
12-544
12-545
12-546
12-547
12-548
Income Withholding Order.
Immediate Income Withholding.
Subsequent Income Withholding Order –
Provision of Notice of Impact of Income
Withholding Law to Obligors.
Requests by Obligee for Income
Withholding – Approval – Procedures
and Standards.
Procedure – Notice to Obligor.
Hearing Upon Obligor’s Request.
Mandatory Federal Income Withholding
Form – Effect of Income Withholding
Order.
Voluntary Income Withholding for Child
Support – Limitations.
Service of Income Withholding Order on
Income Payer.
12-549 Income Withholding - Duties and
Liabilities of Income Payer under Income
Withholding Order.
12-550 Requests for Information from Income
Payer.
12-551 Amendment – Termination of Income
Withholding Order.
12-552 Interstate Income Withholding – Initiation
by the Winnebago Tribe of Nebraska to
Another Jurisdiction.
12-553 Child Support Exempt from Process.
12-554 Administrative Seek Employment Orders.
12-555 Driver’s License and Occupational
License Suspension, Motor Vehicle Lien.
12-556 Contempt Proceedings for Nonpayment of
Child Support.
INTERGOVERNMENTAL CHILD SUPPORT CASES –
AFFORDING FULL FAITH AND CREDIT
12-557
Full Faith and Credit of Foreign Child
Support Orders.
REGISTRATION OF FOREIGN CHILD SUPPORT ORDER FOR ENFORCEMENT
12-558
12-559
12-560
Registration of Foreign Child Support
Order for Enforcement.
Effect of Registration for Enforcement.
Choice of Law.
12-561 Notice of Registration of Order.
12-562 Procedure to Contest Validity or
Enforcement of Registered Order.
12-563 Burden on Party Contesting the
Registration or Enforcement.
REGISTRATION OF FOREIGN CHILD SUPPORT ORDERS FOR MODIFICATION
12-564
Registration Child Support Order for
Modification.
12-565 Modification of Child Support Order of
Another Tribe or State.
12-566 Application of the Winnebago Child
Support Act.
12-567 Transferring of a Foreign Child Support or
Custody Case.
12-568 Effect of Accepting a Transferred Case.
12-569 Notice of Acceptance of Transferred Case.
12-570 Procedure to Contest the Acceptance of a
Transferred Case.
12-571 Burden on Party Contesting the Transfer
of a Case.
vii
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 1
TITLE 12
ARTICLE 1
[Reserved]
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June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 2
TITLE 12
ARTICLE 2
DOMESTIC AND FAMILY VIOLENCE ACT
(As amended and approved May 3, 2024)
12-201
12-202
12-203
12-204
12-205
12-206
12-207
12-208
12-209
12-210
12-211
12-212
12-213
12-214
12-215
12-216
12-217
12-218
12-219
12-220
Purpose and Findings.
Definitions.
Domestic or Family Violence; Crime
Involving Domestic or Family Violence;
Penalties; Mandatory Intervention.
Possession of a Firearm.
Duties of Law Enforcement to Victim;
Required Notice.
Determination
of
Predominant
Aggressor; Required Report.
Mandatory Arrest Provisions.
Authority of Law Enforcement to Seize
Weapons.
Conditions of Release.
Written Procedures for Prosecution.
Duty of Prosecutor to Notify Victim.
Record of Dismissal.
Dismissal Prohibited Due to Civil
Compromise.
Rights of Victims.
Spousal Privileges Inapplicable.
Advocate-Victim Privilege.
Residential Confinement; Visitation in
Home of Victim Prohibited.
Diversion Prohibited.
Required Policies and Procedures.
Eligible Petitioners for Protection Orders.
12-221
12-222
12-223
12-224
12-225
12-226
12-227
12-228
12-229
12-230
12-231
12-232
12-233
12-234
12-235
Uniform Documents for Petitions and
Orders; Required Statements; Duties of
Clerk.
Jurisdiction; Venue; Residency not
Required to Petition.
Continuing Duty to Inform Court of
Other Proceedings; Effect of Other
Proceedings; Delay of Relief Prohibited;
Omission of Petitioner’s Address.
Emergency Order for Protection.
Order for Protection; Modification of
Orders; Relief Available Ex Parte; Relief
Available After Hearing; Duties of the
Court; Duration of Order.
Required Hearings; Duty When Order for
Protection Denied.
Effect of Action by Petitioner or
Respondent on Order.
Denial of Relief Prohibited.
Mutual Orders for Protection.
Violation of Certain Orders for
Protection.
Court-ordered
and
Court-referred
Mediation Prohibited.
Court Costs and Fees.
Court-referred Assistance to Victims of
Domestic and Family Violence.
Full Faith and Credit.
Mandatory Training.
12-201 Purpose and Findings. The purpose of the Winnebago Tribe of Nebraska Tribal Council in
enacting this Domestic and Family Violence Code is to recognize:
1.
2.
3.
4.
5.
6.
That domestic and family violence are serious and pervasive problems in our community.
That domestic and family violence has many faces — physical, intellectual, sexual,
psychological, spiritual, and economic.
That domestic violence within a relationship tends to escalate in frequency and severity,
particularly when the victim tries to sever the relationship.
That victims of domestic violence are often isolated, intimidated, and dispirited, losing the will
and the ability to help themselves.
That domestic and family violence cannot be excused by stress or poverty, by intoxicants or
illegal substances, by weather or season, or by the victim's behavior.
That today's domestic and family violence creates tomorrow's domestic and family violence,
perpetuating generations of abusers and abused.
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TITLE 12 ARTICLE 2
7.
8.
9.
10.
12-202
1.
2.
3.
4.
That domestic violence is not "cultural" and, indeed, is contrary to traditional Winnebago values
holding the individual and the family sacred.
That domestic violence is not just a "family matter" but, rather, a crime against the victim, the
victim's family, the community, and the Tribe.
That the future of our Tribe depends upon the future of our children, and that a child who
experiences violence in the home, as either victim or witness, carries deep emotional scars.
That domestic and family violence can be prevented, reduced, and deterred through increased
awareness and zero tolerance and through prompt and firm intervention by law enforcement, the
legal system, and social, educational, and health care institutions. [TCR 96-55, 06-26, 24-121]
Definitions. Unless the context otherwise requires, as used in the Winnebago Tribal Code:
“Domestic Violence” sometimes referred to as intimate partner violence, is a subcategory of
Family Violence. It means the occurrence of one or more of the following acts by a current or
former intimate partner of the victim:
a.
Attempting to cause or causing physical harm to a current or former intimate partner;
b.
Placing a current or former intimate partner member in fear of physical harm;
c.
Causing a current or former intimate partner to engage involuntarily in sexual activity by
force or duress;
d.
Intentionally engaging in a course of conduct directed at a specific person that would
cause a reasonable person under the same circumstances to fear bodily injury to or the
death of himself or herself or a member of his or her family or household.
Domestic Violence is a Class III Offense.
“Family Violence” means the occurrence of one or more of the following acts by a family or
household member, but does not include acts of self-defense:
a.
Attempting to cause or causing physical harm to another family or household member;
b.
Placing a family or household member in fear of physical harm;
c.
Causing a family or household member to engage involuntarily in sexual activity by force
or duress;
d.
Intentionally engaging in a course of conduct directed at a specific person that would
cause a reasonable person under the same circumstances to fear bodily injury to or the
death of himself or herself or a member of his or her family or household.
Family Violence is a Class III Offense.
“Family or Household Members” include:
a.
Adults or minors who are current or former spouses;
b.
Adults or minors who live together or who have lived together;
c.
Adults or minors who are dating or who have dated;
d.
Adults or minors who are engaged in or who have engaged in a sexual relationship;
e.
Adults or minors who are related by blood or adoption;
f.
Adults or minors who are related or formerly related by marriage;
g.
Persons who have a child in common;
h.
Persons similarly situated to a spouse, parent, or guardian of the victim; and
i.
Minor children of a person in a relationship that is described in paragraphs (a) through
(h).
“Crime Involving Domestic or Family Violence” occurs when a Family or Household Member
commits a crime against another Family or Household Member, or a current or former intimate
partner commits a crime against another current or former intimate partner, which is a crime
under tribal law, including, but not limited to:
a.
Arson;
b.
Assault offenses (aggravated assault, simple assault, and intimidation);
c.
Burglary, breaking and entering;
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WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 2
d.
e.
5.
6.
7.
8.
9.
10.
Destruction, damage, or vandalism of property;
Homicide offenses (murder and non-negligent manslaughter, negligent manslaughter, and
justifiable homicide);
f.
Kidnapping, abduction;
g.
Sex offenses, forcible (forcible rape, forcible sodomy, sexual assault with an object and
forcible fondling);
h.
Stolen property offenses;
i.
Weapons law violations;
j.
Disorderly conduct;
k.
Family offenses, non-violent;
l.
Stalking;
m.
Strangling/Suffocating;
n.
Violations of Protection orders or Restraining Orders previously filed;
o.
Harassment;
p.
Criminal Trespass; or
q.
Other crime that has an element involving the use, attempted use, or threatened use of
physical force, or the use, attempted use or threatened use of a weapon.
Under this Article, the commission of one of the above offenses against a Family or Household
Member, or a current or former intimate partner with the purpose of or having the effect of,
inflicting physical harm or bodily injury, or placing the victim in apprehension of imminent
physical harm or bodily injury shall constitute a Crime Involving Domestic or Family Violence
and trigger the application of this Article.
“Firearm” means any weapon (including a starter gun) which will is designed to or may readily
be converted to expel a projectile by the action of an explosive, the frame or receiver of such
weapon, any firearm muffler or firearm silencer, or any destructive device.
“Intimate Partner” means a person with whom the victim shares a child in common; a person who
is cohabitating with or who has cohabitated with the victim as a spouse or intimate partner; a
person similarly situated to a spouse of the victim; or a person who is or has been in a social
relationship of a romantic or intimate nature with the perpetrator of Domestic Violence, as
determined by the length of the relationship, the type of relationship and the frequency of
interaction between the persons involved in the relationship.
“Program of Intervention for Perpetrators” means a specialized program that:
a.
Accepts perpetrators of Domestic or Family Violence into treatment or educational
classes to satisfy court orders;
b.
Offers treatment or re-education to perpetrators of Domestic or Family Violence; or
c.
Offers classes or instruction to perpetrators of Domestic or Family Violence.
“Program for Victims of Domestic or Family Violence” means a specialized program for victims
of Domestic or Family Violence and their children that provides advocacy, shelter referral, crisis
intervention, supportive services, referral to alcohol treatment, mental health services,
counseling, re-education, training, or transportation.
“Safety Plan” means a written or oral outline of actions to be taken by a victim of Domestic or
Family Violence to secure protection and support after assessing the lethality involved.
“Stalking” Any person who, directly or indirectly, willfully and repeatedly follows, harasses, or
engages in conduct that poses a credible threat to another and is likely to place that person in
reasonable fear of their safety or the immediate safety of their family shall be guilty of stalking
and may be punished as provided in this chapter. Under this Article, stalking behavior can
include, but is not limited to:
a.
Vandalism;
b.
Annoying or threatening phone calls;
c.
Following or other violations of an order for protection;
d.
Actual assaults;
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TITLE 12 ARTICLE 2
e.
f.
g.
h.
i.
j.
k.
l.
11.
12.
Sending unwanted letters or electronic communications;
Sending unwanted messages or threats through third parties;
Showing up at a victim’s residence or place of employment;
Leaving gifts for the victim;
Disabling or otherwise tampering with the victim’s vehicle;
Taking mail from the victim’s mailbox;
Entering the victim’s residence whether the victim is or is not present;
Parking near or driving by the victim’s residence or place of employment for no
legitimate reason; or
m.
The use of agencies or law enforcement that constitutes a pattern of conduct consistent
with retaliation by initiating investigations, restrictions, or sanctions against the victim.
Stalking is a Class I Offense.
“Strangling” means intentionally, knowingly, or recklessly impeding the normal breathing or
circulation of the blood of a person by applying pressure to the throat or neck, regardless of
whether that conduct results in any visible injury or whether there is any intent to kill or
protractedly injure the victim. Strangling is a Class I offense.
“Suffocating” means intentionally, knowingly, or recklessly impeding the normal breathing of a
person by covering the mouth of the person, the nose of the person, or both, regardless of whether
that conduct results in any visible injury or whether there is any intent to kill or protractedly
injure the victim. Suffocating is a Class I offense. [TCR 96-55, 06-26, 24-121]
12-203 Domestic or Family Violence; Crime Involving Domestic or Family Violence; Penalties;
Mandatory Intervention.
1.
2.
3.
4.
5.
The crimes of Domestic Violence or Family Violence are distinct crimes punishable separately
and in addition to any underlying crime. When there is a finding that any tribal crime has been
committed against a current or former intimate partner or a family or household member (the
“victim”) with the purpose of, or having the effect of, inflicting physical harm or bodily injury, or
placing the victim in imminent fear or apprehension of physical harm or bodily injury, this Article
shall apply.
Committing one or more of the crimes listed in Section 12-202(4) shall not diminish the
seriousness of the separate offense of Domestic or Family Violence or take precedence over the
crimes of Domestic or Family violence. Under this Article, the commission of one of the crimes
referenced in Section 12-202(4) against a current or former intimate partner or a family or
household member with the purpose of, or having the effect of, inflicting physical harm or bodily
injury or placing the victim in imminent fear or apprehension of physical harm or bodily injury,
shall constitute a Crime Involving Domestic or Family Violence.
The penalty for any Crime Involving Domestic or Family Violence shall correspond to the
penalty for that offense in the Code of the Winnebago Tribe and the defendant shall be assessed
twice the regular court costs and fees. As an example, if an alleged perpetrator commits Simple
Assault against a former or current intimate partner, he or she may be charged with both Simple
Assault, a Class III offense and Domestic Violence, a separate Class III offense, with the
perpetrator assessed twice the regular court costs and fees for each offense found he or she is
found guilty of.
The penalty for any second offense of a Crime involving Domestic or Family Violence within
five years of the first offense shall be enhanced by one degree above the penalty otherwise
provided unless such criminal offense is already punishable as a Class I offense.
An offender shall be required as a part of any sentence or probation to attend a mandatory
Program of Intervention for Perpetrators. Participation in this program shall not be suspended or
omitted from any sentence or condition of probation.
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WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 2
6.
7.
12-204
1.
2.
3.
12-205
1.
2.
If substance abuse is involved, the offender shall be court-ordered to complete a drug test and
substance abuse assessment by a licensed alcohol and drug counselor and complete any
recommended treatment plan.
Additional court costs collected in any Domestic or Family Violence proceeding shall be used to
provide victim support and batterer education programs and to assist in providing mandatory
Domestic and Family Violence training for all court personnel, judges, court clerks, dispatchers,
prosecutors, law enforcement, advocates, and medical personnel. [TCR 96-55, 06-26, 24-121]
Possession of a Firearm.
It shall be unlawful for any person convicted of a crime of Domestic or Family Violence to ship,
transport, possess, receive, sell or otherwise dispose of a firearm or ammunition.
Violation of this provision shall be a Class III offense.
A person convicted of a crime of Domestic or Family Violence and/or a Crime Involving Domestic or
Family Violence may request that the Court set aside this conviction no sooner than five (5) years
after completing their sentence(s) pursuant to Title 1B-Rule 711. [TCR 96-55, 06-26, 24-121]
Duties of Law Enforcement to Victim; Required Notice.
A law enforcement officer responding to a call of Domestic Violence or Family Violence
shall use all reasonable means to protect the victim(s) and prevent further violence, including but
not limited to:
a.
Taking any action necessary to provide for the safety of the victim and any family or
household member;
b.
Contacting the Victim Advocate;
c.
Confiscating any weapon involved in the alleged Domestic or Family Violence;
d.
Offering to provide or arrange for transportation of the victim and any child to a shelter
and/or providing other support services;
e.
Assisting the victim in removing any essential personal effects;
f.
Assisting the victim and any child in obtaining medical treatment, including obtaining
transportation to a medical facility;
g.
Giving victims immediate and adequate notice of the rights of victims and of the
remedies and services available to victims of Domestic or Family Violence by providing
them with the Winnebago Tribe Victims’ Rights Act.
As part of the notice required by paragraph (g) of subsection 1, the law enforcement officer shall
give a written notice to the victim substantially as follows:
“Victims of Domestic or Family Violence have the right to physical safety under the protection of
the law. You have the right to request the following:
a.
That the officer assists in providing for your safety.
b.
An emergency order for protection.
c.
Assistance in obtaining your essential personal effects.
d.
Assistance from the Winnebago Victim Advocate.
e.
Assistance in locating and transporting you to a safe environment such as a shelter,
a family member’s or a friend’s residence, or a similar place of safety.
f.
Medical emergency transportation and treatment.
g.
A copy of the police report at no cost.
h.
Sign a Release of Information for confidentiality protection.
i.
File a Petition for Protection Order and request the prosecuting attorney to file a
criminal complaint which may include any of the following orders:
i. An order enjoining your abuser from threatening to commit or committing
further acts of Domestic or Family Violence;
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3.
12-206
1.
2.
3.
ii. An order prohibiting your abuser from harassing, annoying, telephoning, contacting
or otherwise communicating with you, directly or indirectly;
iii. An order removing your abuser from your residence;
iv. An order directing your abuser to stay away from your residence, school, place of
employment, or any other specified place frequented by you and another family or
household member;
v. An order prohibiting your abuser from using or possessing any firearm or other
weapon specified by the court;
vi. An order granting you possession and use of the automobile and other essential
personal effects;
vii. An order granting you custody of your child or children;
viii. An order denying your abuser visitation;
ix. An order specifying arrangements for visitation, including requiring supervised
visitation; and
x. An order requiring your abuser to pay certain costs and fees, such as rent or
mortgage payments, child support payments, medical expenses, expenses for shelter,
court costs, and attorney’s fees.
xi. An order requiring a safety plan prior to communication between the parties.
The forms needed to obtain an order for protection are available from the Clerk of the Tribal
Court. The resources available in this community for information relating to Domestic and
Family Violence are: [list current resources]. You also have the right to seek reimbursement for
losses suffered as a result of the abuse, including medical and moving expenses, loss of earnings
or support, and other expenses for injuries sustained and damage to your property. This can be
done without an attorney in small claims court if the total amount claimed is less than two
thousand ($2,000.00) dollars.”
The written notice must not include the addresses of shelters. [TCR 96-55, 06-26, 24-121]
Determination of Predominant Aggressor; Required Report.
If a law enforcement officer receives complaints of Domestic or Family Violence from two or
more opposing persons, the officer shall evaluate each complaint separately to determine who is
the predominant aggressor.
If the officer determines that one person is the predominant
aggressor, the officer need not arrest the other person believed to have committed Domestic or
Family Violence. In determining whether a person is the predominant aggressor the officer shall
consider:
a.
Whether one of the persons acted in self-defense, or
b.
History of abuse including but not limited to the following factors:
i. Prior complaints of Domestic or Family Violence located at the Police
Department and/or Domestic Violence Victim Office;
ii. The relative severity of the injuries inflicted on each person; and
iii. The likelihood of future injury to each person.
A law enforcement officer shall not:
a.
Threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage
requests for intervention by law enforcement by any party; or
b.
Base the decision to arrest or not to arrest on:
i. The specific consent or request of the victim; or
ii. The officer’s perception of the willingness of a victim of or witness to the Domestic
or Family Violence to testify or otherwise participate in a judicial proceeding.
In addition to any other report required, a law enforcement officer who does not make an arrest
after investigating a complaint of Domestic or Family Violence or who arrests two or more
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4.
12-207
1.
2.
3.
4.
5.
6.
persons for a Crime involving Domestic or Family violence must submit a written report setting
forth the grounds for not arresting or for arresting both parties.
A copy of each police report involving Domestic or Family Violence shall be forwarded to the
Prosecutor and to the Victim Advocate whether or not the case is prosecuted, including witness
statements, “excited utterances” of victims or witnesses, pictures of the victim, conditions of the
scene, and a list of possible objects used as weapons. [TCR 96-55, 06-26, 24-121]
Mandatory Arrest Provisions.
A law enforcement officer shall arrest and take into custody any person whom the officer has
probable cause to believe assaulted a current or former intimate partner. No warrant is required
to make an arrest under this Article.
A law enforcement officer shall arrest and take into custody a person whom the officer has
probable cause to believe has violated an order for protection restraining the person from contact
with the victim or excluding the person from the residence if the officer can verify the existence
of the order.
If a person protected provides an officer with a copy of the protection order or the officer
determines that such an order exists after communicating with the local law enforcement agency
or court and the law enforcement officer has probable cause to believe that a respondent has
violated a protection order, the officer shall, without a warrant, arrest the apparent violator
whether the violation was committed in or outside the presence of the officer.
If a law enforcement officer has probable cause to believe that a person has violated a condition
of release imposed in accordance with section 12-209 Conditions of Release, and verifies that the
alleged violator has notice of the conditions, the officer shall, without a warrant, arrest the alleged
violator whether the violation was committed in or outside the presence of the officer.
A law enforcement officer shall arrest any person who the Officer has probable cause to believe
has made a threat against a family, household member, or current or former intimate partner with
a dangerous weapon.
Whenever a law enforcement officer investigates an allegation that an incident described in (1),
(2, (3), (4) or (5) above, whether or not an arrest is made, the officer shall make a written report
of the alleged incident and submit that report to the Prosecutor. [TCR 96-55, 06-26, 24-121]
12-208 Authority of Law Enforcement to Seize Weapons. Incident to an arrest for any Crime
Involving Domestic or Family violence, a law enforcement officer:
1.
2.
12-209
1.
Shall seize all weapons that are alleged to have been involved or threatened to be used in the
commission of a crime.
May seize a weapon that is in the plain view of the officer or was discovered pursuant to a
consensual search, as necessary for the protection of the officer or other persons. [TCR 96-55,
06-26, 24-121]
Conditions of Release.
In making a decision concerning the pretrial release of a person who is arrested for or charged
with Domestic or Family Violence, and/or a Crime involving Domestic or Family Violence,
including a Violation of an Order for Protection, the Tribal Court shall review the defendant’s
previous records of convictions for Domestic Violence and Firearms and the facts of the arrest
and detention of the person to determine whether the person:
a.
Is a threat to the alleged victim or other family or household member;
b.
Is a threat to public safety; and
c.
Is reasonably likely to appear in court.
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2.
3.
4.
5.
6.
7.
Before releasing a person arrested for or charged, the Tribal Court shall make findings on the
record if possible, concerning the determination made in accordance with subsection (1) and may
impose conditions of release or bail on the person to protect the alleged victim of Domestic or
Family Violence and to ensure the appearance of the person at a subsequent court proceeding.
The conditions may include:
a.
An order enjoining the person from threatening to commit or committing acts of
Domestic or Family Violence against the alleged victim or other family or household
member or against Domestic Violence Program employees.
b.
An order prohibiting the person from harassing, annoying, telephoning, stalking,
contacting, or otherwise communicating with the alleged victim including through the use
of social media be it the offender's account, or using another individual’s account, either
directly or indirectly.
c.
An order directing the person to vacate or stay away from the home of the alleged victim
and to stay away from any other location where the victim is likely to be.
d.
An order prohibiting the person from using or possessing a firearm or other weapon
specified by the court especially if there has been a prior conviction of Domestic
Violence or firearm regulations.
e.
An order prohibiting the person from possession or consumption of alcohol or controlled
substances.
f.
Any other order required to protect the safety of the alleged victim and to ensure the
appearance of the person in court.
If conditions of release are imposed, the Tribal Court shall:
a.
Issue a written order for conditional release;
b.
Immediately distribute a copy of the order to the Winnebago Police Department; and the
Victim Advocate; and,
c.
Provide the Police Department with any available information concerning the location of
the victim in a manner that protects the safety of the victim.
The Tribal court shall provide a copy of the conditions to the arrested or charged person upon his
or her release. Failure to provide the person with a copy of the conditions of release does not
invalidate the conditions if the arrested or charged person has notice of the conditions.
If the conditions of release are imposed without a hearing, the arrested or charged person may
request a hearing before the court to review the conditions. Upon such a request, the court shall
hold a hearing within seventy (72) hours.
When a person who is arrested for or charged with Domestic or Family Violence, or a Crime
involving Domestic or Family Violence, is released from custody, the Tribal Court shall:
a.
Use all reasonable means to immediately notify the alleged victim of the crime of the
release; and
b.
Furnish the alleged victim of the crime a certified copy of any conditions of release at no
cost.
Release of a person who is arrested for or charged with a Domestic or Family Violence or a
Crime Involving Domestic or Family Violence must not be delayed because of the requirements
of subsection (6). [TCR 96-55, 06-26, 24-121]
12-210 Written Procedures for Prosecution. The Tribal Court Prosecutor shall develop and put into
effect written procedures for the prosecution of Domestic and Family Violence to ensure the effective
prosecution of such crimes, the protection and safety of victims of Domestic and Family Violence and
compliance with the requirements of this Article. [TCR 96-55, 06-26, 24-121]
12-211
Duty of Prosecutor to Notify Victim.
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1.
2.
A prosecutor shall make reasonable efforts to notify a victim of an alleged Crime Involving
Domestic or Family Violence when the prosecutor has decided to decline prosecution of the
crime or to dismiss the criminal charges filed against the defendant.
Release of a defendant from custody must not be delayed because of the requirements of
subsection (1). [TCR 96-55, 06-26, 24-121]
12-212 Record of Dismissal. When a court dismisses criminal charges or a prosecutor moves to
dismiss charges against a defendant accused of Domestic or Family Violence or a Crime Involving
Domestic or Family Violence, the specific reasons for the dismissal must be recorded in the court file.
The prosecutor shall indicate the specific reason the case will not be prosecuted. [TCR 96-55, 06-26, 24121]
12-213 Dismissal Prohibited Due to Civil Compromise. A court shall not dismiss a Domestic or
Family Violence charge for the sole reason that a civil compromise or settlement or reconciliation is
reached. [TCR 96-55, 06-26, 24-121]
12-214
1.
2.
Rights of Victims.
An alleged victim of Domestic and Family Violence is entitled to all rights granted to victims of
crime including but not limited to:
a.
Be informed of all hearing dates and continuances.
b.
Provide the court with a victim-impact statement, victim-opinion statement, and an
assessment of the risk of further harm.
c.
Be present at sentencing and address the court.
d.
Advise the court of the conditions of probation and/or parole required to ensure the safety
of the victim and other family or household members.
e.
Restitution for losses sustained as a direct consequence of any criminal conduct by the
alleged perpetrator.
f.
Receive all notices from the Prosecutor in accordance with this Article and the Victims’
Rights Act.
The Tribe’s Victim Advocate shall notify the alleged victim of Domestic or Family Violence of
the victim’s rights set forth herein and in the Victims’ Rights Act. [TCR 96-55, 06-26, 24-121]
12-215 Spousal Privileges Inapplicable. The following evidentiary privileges do not apply in any
criminal proceeding in which a spouse or other family or household member is the victim of an alleged
crime involving Domestic or Family Violence perpetrated by the other spouse:
1.
2.
12-216
1.
The privilege of confidential communication between spouses.
The testimonial privilege of spouses. [TCR 96-55, 06-26, 24-121]
Advocate-Victim Privilege.
Except as otherwise provided in subsection (2), a victim of Domestic or Family Violence may
refuse to disclose, and may prevent an advocate from disclosing confidential oral communication
between the victim and the advocate and written records and reports concerning the victim if the
privilege is claimed by:
a.
The victim; or
b.
The individual who was the advocate at the time of the confidential communication,
except that the advocate may not claim the privilege if there is no victim in existence or if
the victim has waived the privilege.
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2.
3.
4.
The privilege does not relieve a person from any duty imposed pursuant to reporting of child
abuse or neglect.
As used in this subsection, “advocate” means an employee of or volunteer for a program for
victims of Domestic or Family Violence who:
a.
Has a primary function of providing resources, counseling, or assistance to victims of
Domestic or Family Violence; supervising the employees or volunteers of the program;
or administering the program;
b.
Has undergone twenty (20) hours of related training; and
c.
Works under the direction of a supervisor of the program, supervises employees or
volunteers or administers the program.
As used in this subsection, “Victim” means a person who has made an allegation of Domestic or
Family Violence against a current or former intimate partner or a Family or Household Member
or who has been subjected to Domestic or Family Violence perpetrated by a Family or Household
Member. [TCR 96-55, 06-26, 24-121]
12-217 Residential Confinement; Visitation in Home of Victim Prohibited. In cases involving
Domestic or Family Violence, a court shall not order residential confinement for a perpetrator in the home
of the victim; nor shall a court order visitation of children to take place in the home of the victim
while there is a protection order in place. [TCR 96-55, 06-26, 24-121]
12-218 Diversion Prohibited. The court shall not approve any diversionary program in lieu of
conviction for a perpetrator of Domestic or Family Violence. [TCR 96-55, 06-26, 24-121]
12-219 Required Policies and Procedures. The Winnebago Police Department shall develop and put
into effect written policies and procedures concerning:
1.
2.
3.
4.
12-220
1.
2.
3.
12-221
1.
The effective response of the agency to cases involving Domestic and Family Violence.
Enforcement of this Code and other applicable statutes concerning Domestic and Family
Violence.
Protection and safety of the victims of Domestic Violence and other family and household
members.
Coordination with hospitals, other law enforcement agencies and Domestic Violence Intervention
programs for victims of Domestic or Family Violence. [TCR 96-55, 06-26, 24-121]
Eligible Petitioners for Protection Orders.
A person who is or has been a victim of Domestic or Family Violence may file a petition for an
order for protection against a current or former intimate partner or a family or household member
who commits an act of Domestic or Family Violence.
A parent, guardian, or other legal representative may file a petition for an order for protection on
behalf of a child against a current or former intimate partner or a family or household member
who commits an act of Domestic or Family Violence.
A Victim Advocate, staff member or volunteer may file for a restraining order on his/her own
behalf pursuant to § 2-911 et. seq. [TCR 96-55, 06-26, 24-121]
Uniform Documents for Petitions and Orders; Required Statements; Duties of Clerk.
The Tribal Court shall:
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a.
2.
3.
4.
5.
6.
12-222
1.
2.
3.
4.
Develop and adopt a standardized document for petitions and orders for protection,
including but not limited to such orders issued pursuant to divorce, custody, and other
domestic relations hearings; and
b.
Provide the forms to the clerk of each court authorized to issue such orders.
In addition to any other required information, the petition for an order for protection must contain
a statement listing each civil or criminal action involving both parties.
The following statements must be printed in bold-faced type or in capital letters on the order for
protection:
a.
“Violation of this order could result confinement in jail for a period up to six (6) months
and/or a fine of up to $1,000.
b.
The respondent is forbidden to enter or stay at the petitioner’s residence even if invited to
do so by the petitioner or any other person. Such invitation does not void this order for
protection.”
The clerk of the Tribal Court or other designated person shall provide to a person requesting an
order for protection:
a.
The forms adopted pursuant to subsection (1);
b.
All other forms required to petition for an order for protection; and
c.
Clerical assistance in filling out the forms and filing the petition.
Except as otherwise provided in section 12-224, a petition for an order for protection must be in
writing, notarized, and subscribed to in the manner provided by tribal law.
All orders for protection must be issued on the form adopted in accordance with subsection (1).
[TCR 96-55, 06-26, 24-121]
Jurisdiction; Venue; Residency not Required to Petition.
The Tribal Court has civil jurisdiction to issue orders for protection.
A petition for an order for protection may be filed in the tribal court:
a.
Where the petitioner currently or temporarily resides; or
b.
Where the respondent resides; or
c.
Where the violence occurred.
There is no minimum requirement of residency to file petitions.
Orders of Protection will be entered into the Nebraska database by law enforcement. [TCR 96-55,
06-26, 24-121]
12-223 Continuing Duty to Inform Court of Other Proceedings; Effect of Other Proceedings;
Delay of Relief Prohibited; Omission of Petitioner’s Address.
1.
2.
3.
At any hearing in a proceeding to obtain an order for protection, each party has a continuing duty
to inform the court of each proceeding for an order for protection, any civil litigation, each
proceeding in family or juvenile court, and each criminal case involving the participants,
including the case name, the file number, and the county and state of the proceeding, if that
information is known by the party.
An order for protection is in addition to and not in lieu of any other available civil or criminal
proceeding. A petitioner is not barred from seeking an order because of other pending
proceedings. A court shall not delay granting relief because of the existence of a pending action
between the parties.
A petitioner may omit his or her address from all documents filed with the court. If a petitioner
omits his or her address, the petitioner must provide the court with a mailing address. If
disclosure of petitioner’s address is necessary to determine jurisdiction or consider venue, the
court may order the disclosure to be made:
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a.
b.
c.
12-224
1.
2.
After receiving the petitioner’s consent;
Orally and in chambers, out of the presence of the respondent and with a sealed record to
be made; or
After a hearing, if the court takes into consideration the safety of the petitioner and finds
such disclosure is in the interest of justice. [TCR 96-55, 06-26, 24-121]
Emergency Order for Protection.
A court may issue a written or oral emergency order for protection ex parte when a law
enforcement officer states to the court in person or by telephone, and the court finds reasonable
grounds to believe, that an incident of Domestic or Family Violence occurred.
A law enforcement officer who receives an oral order for protection from a court shall:
a.
Write and sign the order on the form required;
b.
Serve a copy on the respondent;
c.
Immediately provide the petitioner with a copy of the order; and
d.
Provide the order to the court by the end of the next working day. [TCR 96-55, 06-26, 24121]
12-225 Order for Protection; Modification of Orders; Relief Available Ex Parte; Relief Available
After Hearing; Duties of the Court; Duration of Order.
1.
2.
If it appears from a petition for an order for protection or a petition to modify an order for
protection that Domestic or Family Violence has occurred or a modification of an order for
protection is required, a court may:
a.
Without notice or hearing, immediately issue an order for protection ex parte or modify
an order for protection ex parte as it deems necessary to protect the petitioner.
b.
Upon notice, issue an order for protection or modify an order after a hearing whether or
not the respondent appears.
A court may grant the following relief without notice and hearing in an order for protection or a
modification issued ex parte or in an emergency pursuant to 12-224, Emergency Order for
Protection:
a.
Enjoin the respondent from threatening to commit or committing acts of Domestic or
Family Violence against the petitioner and any designated family or household;
b.
Prohibit the respondent from harassing, annoying, telephoning, stalking contacting, or
otherwise communicating with the petitioner, directly or indirectly;
c.
Remove and exclude the respondent from the residence of the petitioner, regardless of
ownership of the residence;
d.
Order the respondent to stay away from the residence, school, or place of employment of
the petitioner, or any specified place frequented by the petitioner and any designated
family or household member;
e.
Prohibit the respondent from using or possessing a firearm or other weapon specified by
the court;
f.
Order possession and use of an automobile and other essential personal effects, unless the
respondent can show that the automobile is being used for transportation for employment;
regardless of the ownership of the other essential effects, and direct the appropriate law
enforcement officer to accompany the petitioner to the residence of the parties to ensure
that the petitioner is safely restored to possession of the residence, automobile, and other
essential personal effects, or to supervise the petitioner’s or respondent’s removal of
personal belongings;
g.
Grant temporary custody of any minor children to the petitioner; and
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h.
3.
4.
5.
6.
7.
12-226
1.
2.
Order such other relief as it deems necessary to provide for the safety and welfare of the
petitioner and any designated family or household member.
A court may grant the following relief in an order for protection or a modification of an order
after notice and hearing, whether or not the respondent appears:
a.
Grant the relief available in accordance with subsection (2);
b.
Specify arrangements for visitation of any minor child by the respondent and require
supervision of that visitation by a third party or deny visitation if necessary to protect the
safety of the petitioner or child;
c.
Order the respondent to pay attorney’s fees.
d.
Order the respondent to:
i. Pay rent or make payment on a mortgage on the petitioner’s residence and pay for
the support of the petitioner and minor child if the respondent is found to have a duty
to support the petitioner or minor child;
ii. Reimburse the petitioner or other person for any expenses associated with the
domestic or family violence including but not limited to medical expenses,
counseling, shelter, and repair or replacement of damaged property; and
iii. Pay the costs and fees incurred by the petitioner in bringing the action;
The court shall:
a.
Cause the order to be delivered to the Tribal Court process server for service;
b.
Make reasonable effort to ensure that the order for protection is understood by the
petitioner, and the respondent, if present;
c.
Transmit, by the end of the next business day after the order is issued, a copy of the order
for protection to the local law enforcement agency or agencies designated by the
petitioner; and
d.
Transmit a copy of the order to the state registry.
An order for protection issued ex parte or upon notice and hearing or a modification of an order
for protection issued ex parte or upon notice and hearing is effective until further order of the
court.
The Tribal Court shall provide expedited service for orders for protection.
A judge or other court officer with authority to issue an order of protection must be available twentyfour (24) hours a day to hear petitions for emergency orders of protection. [TCR 96-55, 06-26, 24121]
Required Hearings; Duty When Order for Protection Denied.
Except as otherwise provided in subsection (2), if a court issues an order for protection ex parte or
a modification of an order for protection ex parte and the court provides relief pursuant to
subsection (2) of section 12-225, upon a request by either party within fourteen (14) days after
service of the order or modification, the court shall set a date for a hearing on the petition. The
hearing must be held within thirty (30) days after the request for a hearing is filed unless
continued by the court for good cause shown. The court shall notify both parties by first-class
mail of the date and time of the hearing.
The court shall set a date for a hearing on the petition within fourteen (14) days after the filing of
the petition if a court issues an order for protection ex parte or a modification of an order of
protection ex parte, and:
a.
The petitioner requests or the court provided relief in accordance with paragraph (g) of
subsection (2) of section 12-225, concerning custody of a minor child; or
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b.
3.
4.
The petitioner requests relief pursuant to paragraph (b), (c), or (d) of subsection 3 of
section 12-225.
c.
Such a hearing must be given precedence over all matters except older matters of the
same character.
In a hearing held pursuant to subsection 1 or 2 of this section:
a.
Relief in accordance with section 12-225 is available.
b.
If respondent seeks relief concerning an issue not raised by the petitioner, the court may
continue the hearing at the petitioner’s request.
If a court denies a petition for an order for protection or a petition to modify an order for
protection that is requested without notice to the respondent, the court shall inform the petitioner
of his or her right to request a hearing upon notice to the respondent. [TCR 96-55, 06-26, 24121]
12-227 Effect of Action by Petitioner or Respondent on Order. If a respondent is excluded from
the residence of a petitioner or ordered to stay away from the petitioner, an invitation by the petitioner to
do so does not waive or nullify an order for protection. [TCR 96-55, 06-26, 24-121]
12-228 Denial of Relief Prohibited. The court shall not deny a petitioner relief requested pursuant to
section 12-224 or 12-225 solely because of a lapse of time between an act of domestic or family violence
and the filing of the petition if the court finds that petitioner is in imminent fear of harm. [TCR 96-55,
06-26, 24-121]
12-229 Mutual Orders for Protection. A court shall not grant a mutual order for protection to
opposing parties unless good cause is shown and a specific finding is made that each party is entitled to
such an order. [TCR 96-55, 06-26, 24-121]
12-230 Violation of Certain Orders for Protection. Violation of one of the orders issued in
accordance with section 12-224 or section 12-225 is a class II offense. [TCR 96-55, 06-26, 24-121]
12-231 Court-ordered and Court-referred Mediation Prohibited. A court shall not order parties
into mediation or refer them to mediation for resolution of the issues in a petition for an order for
protection. [TCR 96-55, 06-26, 24-121]
12-232 Court Costs and Fees. There shall be no fees for any proceeding seeking only the relief
provided in this Article, including but not limited to filing, service of process or dismissal. [TCR 96-55,
06-26, 24-121]
12-233
1.
2.
Court-referred Assistance to Victims of Domestic and Family Violence.
The Tribal Court shall provide assistance to victims of Domestic or Family Violence by directing
the individual to any agency or organization that has a record of service to victims of Domestic or
Family Violence.
The Victim Advocate shall coordinate the provision of services with the providers of programs for
victims of Domestic or Family Violence. [TCR 96-55, 06-26, 24-121]
12-234 Full Faith and Credit. Full Faith and Credit shall be given to Protection Orders issued by the
Winnebago Tribal Court in any state or tribe in accordance with the federal Violence Against Women Act
of 2000 and any subsequent amendments. The Winnebago Tribe shall also grant full faith and credit to
orders issued by other tribal or state courts. [TCR 96-55, 06-26, 24-121]
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June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 2
12-235 Mandatory Training. All court personnel, judges, court clerks, dispatchers, prosecutors, law
enforcement personnel, advocates, and medical personnel shall be required to attend training regarding
Domestic Violence, sexual assault, stalking, weapons violations, and full faith and credit of protection
orders on an annual basis. Funding for training shall be provided by the Tribal Council in the budgets of
each department named above. [TCR 96-55, 06-26, 24-121]
2-15
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 3
TITLE 12
FAMILY RELATIONS
ARTICLE 3
WINNEBAGO CHILD SUPPORT ENFORCEMENT IV-D PROGRAM ACT;
ESTABLISHMENT AND DUTIES
12-301
12-302
12-303
Act, How Cited.
Purpose.
Definitions.
12-304
12-305
Authority and Responsibility of the
WTN-CSE.
Program Participation and Funding.
12-301 Act, How Cited. Sections 12-301 to 12-305 shall be known and may be cited as the
Winnebago Child Support Enforcement IV-D Program Act. [TCR 08-79]
12-302 Purpose. The purpose of the Winnebago Child Support Enforcement IV-D Program Act, Title
12, Article 3, is to formally establish the Winnebago Tribe of Nebraska Child Support Enforcement IV-D
Program as the Tribal agency chargeable by Tribal law for providing the full range of child support
services to the Winnebago community. The WTN-CSE will work with the Winnebago Tribal Court to
reaffirm Tribal sovereignty and Tribal self-determination by providing for the exercise of the greatest
possible Tribal jurisdiction over the greatest number of child support cases involving Tribal children and
families. [TCR 08-79]
12-303
1.
2.
3.
4.
5.
Definitions. Unless the context otherwise requires, as used in the Winnebago Tribal Code:
“Comprehensive Tribal Plan” means the comprehensive statement prepared by the Winnebago
Tribe of Nebraska Child Support Enforcement IV-D Program identifying how the Tribe is
meeting federal regulations, including 45 CFR Part 309, and that describes the capacity of the
Tribe to operate a child support enforcement IV-D program which meets federal objectives,
including establishment of paternity, establishment, modification, and enforcement of support
orders, and location of noncustodial parents.
“IV-D” means Title IV-D of the Social Security Act that authorizes the Child Support
Enforcement Program, including the Tribal Child Support Enforcement Program, and under
which the federal government provides funds to tribes and states to administer child support
enforcement IV-D programs to provide child support services to families.
“IV-D case” means a case where a party has applied for child support services from a Tribal or
state child support enforcement IV-D agency or has assigned to the Tribe or State rights to child
support because of the receipt of Tribal or state public assistance.
“WTN-CSE” means the Winnebago Tribe of Nebraska Child Support Enforcement IV-D
Program.
“Winnebago Tribe of Nebraska Child Support Enforcement IV-D Program” means the
Winnebago Tribal child support enforcement IV-D agency, which provides child support
enforcement services to children and families and is authorized to seek:
a.
Location of obligors or their assets and obligees;
b.
Determination of parentage;
c.
Establishment and modification of child support; and
d.
Enforcement of support orders or laws relating to the duty of support. [TCR 08-79]
12-304 Authority and Responsibility of the WTN-CSE. The WTN-CSE has the authority and
responsibility to provide child support enforcement services to the Winnebago community and to
cooperate with other tribal and state child support IV-D programs. The duties of the WTN-CSE include:
3-1
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 3
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
To act as the official agency for the Winnebago Tribe of Nebraska in any child support
enforcement activities not otherwise by Tribal law made the responsibility of another Tribal
agency.
To develop, implement, and maintain the WTN-CSE Comprehensive Tribal Plan in compliance
with federal child support regulations as necessary to entitle the Tribe to receive funds from the
federal government under Title IV-D.
To ensure that the WTN-CSE continues to demonstrate its capacity to operate a Tribal IV-D
Program by meeting the required elements under 45 CFR 309.65(a) and any other related federal
regulations.
To develop, implement, and maintain policy and procedures, forms, and worksheets necessary to
carry out the responsibilities of the WTN-CSE in conformity with the Tribal Code, the WTNCSE Comprehensive Tribal Plan, and all other federal and Tribal child support regulations.
To provide or arrange for child support services to children and families who come to the WTNCSE for assistance. The services the WTN-CSE shall provide include establishing paternity,
where necessary, locating parents who are legally liable for the support of the child, and securing
and distributing support for the child.
To respond to and extend prompt services to other child support enforcement IV-D programs that
refer IV-D cases to the WTN-CSE for assistance.
To administer income withholding for child support purposes.
To work with the Winnebago Tribe of Nebraska Finance Department for the purpose of
receiving, processing, and disbursing child support payments, and for maintaining a record of
payments, in all cases in which a tribal or state court has ordered that payments for child support
be made.
To create and maintain a case record that contains records necessary for the proper and efficient
operation of the WTN-CSE and to ensure compliance with the WTN-CSE Comprehensive Tribal
Plan. The WTN-CSE shall comply with the retention and access requirements of 45 CFR 74.53,
including retaining records for at least three years. The case record must contain records with
respect to:
a.
Applications for child support services;
b.
Efforts to locate noncustodial parents;
c.
Actions taken to establish paternity and obtain and enforce support;
d.
Amounts owed, arrearages, amounts and sources of support collections, and the
distribution of such collections;
e.
IV–D program expenditures;
f.
Any fees charged and collected, if applicable; and
g.
Statistical, fiscal, and other records necessary for reporting and accountability required by
the Secretary of the U.S. Department of Health and Human Services.
To participate in a Tribal guidelines committee or work group formed for the purpose of
reviewing the Winnebago Tribal child support guidelines and implementing revisions
recommended by the guidelines committee or work group.
To establish and implement a set of performance measurements for paternity establishment,
support order establishment, amount of current support collected, amount of past due support
collected, and any other performance measurements in order to ensure the proper and efficient
operation of the WTN-CSE and to incorporate into federal reports.
To cooperate with and seek the cooperation and involvement of all appropriate public and private
agencies including other tribal and state IV-D agencies, social services, Tribal and state public
assistance agencies, foster care, law enforcement and any other agency or organization providing
or concerned with child support enforcement with the goal of providing services, effectively
carrying out its duties, and achieving the purposes of this Act and other laws under the
Winnebago Tribe of Nebraska Tribal Code. The WTN-CSE may negotiate working agreements
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June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 3
13.
with other jurisdictions, political subdivisions, and private entities, subject to approval by the
Winnebago Tribe of Nebraska's Chief Administrative Officer.
To strive to provide child support services to the community with dignity, respect, and fairness.
[TCR 08-79]
12-305 Program Participation and Funding. The WTN-CSE and the Tribal Court are authorized to
participate in any approved federal, state, Tribal, and public or private agency programs to carry out the
purposes of this Article, subject to the approval of the Tribal Council. The Tribal Council shall work
jointly with the WTN-CSE to provide supplemental agency funding subject to the discretion of the Tribal
Council. [TCR 08-79]
3-3
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 4
TITLE 12
FAMILY RELATIONS
ARTICLE 4
WINNEBAGO PARENTAGE ACT
12-401
12-402
12-403
12-404
12-405
12-406
12-407
12-408
12-409
12-410
12-411
12-412
12-413
12-414
12-415
12-416
12-417
12-418
12-419
12-420
12-421
12-422
12-423
12-424
12-425
12-426
12-427
12-428
12-429
12-430
Act, How Cited.
Purpose of Act.
Definitions.
Subject Matter Jurisdiction.
Personal Jurisdiction.
Protection of Participants.
Authorized Release of Case Records and
Other Information.
Publication of Proceedings.
Penalty for Unauthorized Disclosure.
Notice.
Establishment
of
Parent-Child
Relationship.
No Discrimination Based on Marital
Status.
Consequences of Establishment of
Parentage.
Presumption of Paternity.
Tribal Acknowledgement and Denial of
Paternity – Duties of the WTN-CSEP.
Tribal Acknowledgment of Paternity –
Execution.
Tribal Denial of Paternity by a Presumed
Father.
Rules for Tribal Acknowledgment and
Denial of Paternity.
Effect of Tribal Acknowledgment or
Denial of Paternity.
No Filing Fee.
Proceeding for Rescission.
Challenge After Expiration of Period for
Rescission.
Procedure for Rescission or Challenge.
Full Faith and Credit.
Release of Information – Tribal
Acknowledgment or Denial of Paternity.
Scope of Genetic Testing.
Order for Genetic Testing.
Requirements for Genetic Testing.
Report of Genetic Testing.
Genetic Testing Results – Rebuttal.
12-431
12-432
12-433
12-434
12-435
12-436
12-437
12-438
12-439
12-440
12-441
12-442
12-443
12-444
12-445
12-446
12-447
12-448
12-449
12-450
12-451
12-452
12-453
12-454
12-455
12-456
12-457
12-458
12-459
4-1
Costs of Genetic Testing.
Additional Genetic Testing.
Genetic Testing When Specimens Not
Available.
Deceased Individual.
Identical Brothers.
Confidentiality of Genetic Testing.
Proceeding to Adjudicate the Parentage
of a Child – Authorization.
Standing to Maintain Proceeding.
Parties to Proceeding.
No Limitation – Child Having No
Presumed, Acknowledged, or
Adjudicated Father.
Limitation – Child Having Presumed
Father.
Authority to Deny Motion for Genetic
Testing.
Limitation – Child Having
Acknowledged or Adjudicated Father.
Joinder of Proceedings.
Proceeding Before Birth.
Child as Party – Representation.
Admissibility of Results of Genetic
Testing – Expenses.
Consequences of Declining Genetic
Testing.
Admission of Paternity Authorized.
Temporary Order.
Rules of Adjudication of Paternity.
Jury Prohibited.
Closed Hearings.
Order on Default.
Dismissal for Want of Prosecution.
Order Adjudicating Parentage.
Binding Effect of Determination of
Parentage.
Liability for Collection of Support.
Application of the Winnebago Parentage
Act.
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 4
12-401 Act, How Cited. Sections 12-401 to 12-459 shall be known and may be cited as the
Winnebago Parentage Act. [TCR 08-79]
12-402 Purpose of the Act. The Winnebago Parentage Act shall be liberally interpreted and construed
to promote the following:
1.
2.
3.
Establishment of a confidential process by which the parental heritage of the children of the
Winnebago Tribe of Nebraska may be identified;
Recognition of the right of every child to the physical, mental, emotional and monetary support of
his or her parents; and
Tribal jurisdiction over the establishment of parentage of Tribal children. [TCR 08-79]
12-403 Definitions. Terms under this Article shall be liberally construed so as not to limit the
jurisdiction of the Winnebago Tribal Court over Tribal children, and to facilitate the authority of the
Tribal Court to act to protect the interests of Tribal children and their families. When interpreting terms
not defined by this Article, the Tribal Court shall take into consideration Tribal laws and customs and
may be defined according to their normal usage, or as defined in the federal regulations for Tribal Child
Support Enforcement Programs found at 45 CFR § 309 et seq. Unless the context otherwise requires, as
used in the Winnebago Tribal Code:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
“Acknowledged father” means a man who has established a father-child relationship under the
sections of Title 12, Article 4.
“Adjudicated father” means a man who has been adjudicated by a court of competent jurisdiction
to be the father of a child.
“Alleged father” means a man who alleges himself to be, or is alleged to be, the genetic father or
a possible genetic father of a child, but whose paternity has not been determined. The term does
not include a presumed father or a man whose parental rights have been terminated or declared
not to exist.
“Child” means an individual of any age whose parentage may be determined under the sections of
this Article.
“Determination of parentage” means the establishment of the parent-child relationship by the
signing of an acknowledgment of paternity under the sections of this Article or adjudication by
the Court.
“Duress” means use of physical or psychological force to coerce a person to sign an
acknowledgment of paternity.
“Effective date” means when the acknowledgment of paternity is fully executed, by the later of
the signature dates.
“Ethnic or racial group” means, for purposes of genetic testing, a recognized group that an
individual identifies as all or part of the individual’s ancestry or that is so identified by other
information.
“Former parent” means an acknowledged father who successfully rescinded or challenged an
acknowledgment of paternity under this Article, a presumed father whose parentage was
successfully rebutted under this Article, or an adjudicated father whose parentage was
disestablished after an order issued under this Article was vacated.
“Fraud” means an intentional misrepresentation of a material fact.
“Genetic testing” means an analysis of genetic markers to exclude or identify a man as the father
or a woman as the mother of a child. The term includes an analysis of one or a combination of
the following:
a.
Deoxyribonucleic acid, and
b.
Blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes,
serum proteins, or red-cell enzymes.
4-2
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 4
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
“Man” means a male individual of any age.
“Material mistake of fact” means a mistake as to the facts that could not have been known at the
time a signatory executed an acknowledgment of paternity.
“Parent” means an individual who has established a parent-child relationship under the sections
of this Article.
“Parent-child relationship” means the legal relationship between a child and a parent of the child.
The term includes the mother-child relationship and the father-child relationship.
“Paternity index” means the likelihood of paternity calculated by computing the ratio between:
a.
The likelihood that the tested man is the father, based on the genetic markers of the tested
man, mother, and child, conditioned on the hypothesis that the tested man is the father of
the child, and
b.
The likelihood that the tested man is not the father, based on the genetic markers of the
tested man, mother, and child, conditioned on the hypothesis that the tested man is not the
father of the child and that the father is of the same ethnic or racial group as the tested
man.
“Presumed father” means a man who, by operation of law under Section 12-414 of this Article, is
recognized as the father of a child until that status is rebutted or confirmed in a judicial
proceeding.
“Probability of paternity” means the measure, for the ethnic or racial group to which the alleged
father belongs, of the probability that the man in question is the father of the child, compared with
a random, unrelated man of the same ethnic or racial group, expressed as a percentage
incorporating the paternity index and a prior probability.
“Record” means information that is inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable form.
“Signatory” means an individual who authenticates a record and is bound by its terms.
“State” means a State of the United States, the District of Columbia, Puerto Rico, the United
States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the
United States.
“Tribal Court” means the Winnebago Tribal Court or Tribal Court of the Winnebago Tribe of
Nebraska.
“Title IV-A” refers to title IV-A of the Social Security Act under which the federal government
provides funds to tribes and states to provide temporary financial assistance to families using
federal dollars.
“Title IV-D” means title IV-D of the Social Security Act, under which the federal government
provides funds to tribes and states to administer child support programs that provide services
related to child support.
“Title IV-E” refers to title IV-E of the Social Security Act under which the federal government
provides funds to tribes and states to assist with the costs of operating foster care programs.
“Title XIX” refers to title XIX of the Social Security Act under which the federal government
provides funds to states to provide medical care assistance through a state-operated and
administered program that provides medical benefits for certain indigent or low-income persons
in need of health and medical care.
“Tribe” means the Winnebago Tribe of Nebraska unless the context clearly indicates otherwise.
“WTN-CSEP” means the Winnebago Tribe of Nebraska Child Support Enforcement Program.
“Winnebago Tribe of Nebraska Child Support Enforcement IV-D Program” means the Tribal
Child Support IV-D agency, which provides child support enforcement services to children and
families and is authorized to seek:
a.
Location of obligors or their assets and obligees;
b.
Determination of parentage;
c.
Establishment or modification of child support; or
d.
Enforcement of support orders or laws relating to the duty of support. [TCR 08-79]
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June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 4
12-404 Subject Matter Jurisdiction. The Winnebago Tribal Court shall have jurisdiction over any
proceeding arising under this Article and actions arising under the customs and traditions of the
Winnebago Tribe of Nebraska affecting the determination of parentage in this Tribe. The Tribal Court
shall apply the law and customs of this Tribe to adjudicate parentage. The applicable law does not
depend on: (i) the place of birth of the child; or (ii) the past or present residence of the child.
[TCR 08-79]
12-405
1.
2.
3.
4.
5.
Personal Jurisdiction.
An individual may not be adjudicated to be a parent by the Winnebago Tribal Court unless the
Tribal Court has personal jurisdiction over the individual. The Winnebago Tribal Court may
exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the
individual, if:
a.
The individual is personally served with a summons within the exterior boundaries of the
reservation of the Winnebago Tribe of Nebraska;
b.
The individual submits to the jurisdiction of the Tribe by consent, by entering a general
appearance, or by filing a responsive document having the effect of waiving any contest
to personal jurisdiction;
c.
The individual resided with the child or the child’s biological mother within the exterior
boundaries of the Winnebago Reservation;
d.
The individual resided within the exterior boundaries of the Winnebago Reservation and
provided prenatal expenses or support for the child;
e.
The child resides within the exterior boundaries of the Winnebago Reservation as a result
of the acts or directives of the individual;
f.
The individual engaged in sexual intercourse within the exterior boundaries of the
Winnebago Reservation and the child may have been conceived by that act of
intercourse; or
g.
There is any other basis consistent with the constitutions of this Tribe and the United
States for the exercise of personal jurisdiction.
Lack of jurisdiction over one individual does not preclude the Court from making an adjudication
of parentage binding on another individual over whom the Court has personal jurisdiction.
This Article does not create, enlarge, or diminish parental rights or duties under other laws of this
Tribe.
Whenever state, federal, and other tribal courts have jurisdiction over any of the matters provided
for in this Article, the Tribal Court shall have concurrent jurisdiction over the same matters, to the
extent consistent with federal law.
Any limitations on jurisdiction contained in this Article are not intended to reflect the Winnebago
Tribe of Nebraska’s view as to the legally permissible limits of Tribal jurisdiction. [TCR 08-79]
12-406 Protection of Participants. Proceedings under this Article are subject to the laws of this Tribe
governing the health, safety, privacy, and liberty of a child or other individual who could be jeopardized
by disclosure of identifying information, including address, telephone number, place of employment,
social security number, and the child's day care facility and school. The case records of the Tribal Court
and the WTN-CSEP concerning any actions taken under this Article must be kept confidential except as
provided in this Article. The Tribal Court and the WTN-CSEP shall not release information on the
whereabouts of one party or the child to another party against whom a protective order with respect to the
former party or the child has been entered. The Tribal Court and the WTN-CSEP shall not release
information on the whereabouts of one party or the child to another person if the Tribe has reason to
believe that the release of the information to that person may result in physical or emotional harm to the
party or child. [TCR 08-79]
4-4
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 4
12-407 Authorized Release of Case Records and Other Information. The use or disclosure of
personal information received or maintained by the WTN-CSEP and the Winnebago Tribal Court shall be
limited to purposes directly connected with the WTN-CSEP and the Winnebago Tribal Court or titles IVA, XIX, and IV-E, and for purposes prescribed by the Secretary of the U.S. Department of Health and
Human Services in federal regulations codified at 45 CFR Part 309. The WTN-CSEP and Winnebago
Tribal Court may limit the information disclosed to persons, agencies, and entities named in this Section
to that information necessary to accomplish the purposes for which it is requested or for which it is being
disclosed. Nothing in this Section gives these entities or persons the right to review or copy the complete
case record. Records of the WTN-CSEP, including case notes and correspondence, may be disclosed to
the following persons and entities, unless otherwise protected by this Section:
1.
2.
3.
4.
5.
6.
7.
8.
9.
WTN-CSEP Staff;
Winnebago Tribal Court Judges;
Winnebago Tribal Court Clerks and Court Administrator for filing purposes;
Tribal Social Services agencies, including Tribal TANF;
State of Iowa or Nebraska IV-D employees directly connected with the administration of Titles
IV-D, IV-A, IV-E, and XIX programs, as outlined in a cooperative agreement executed by the
Tribe with Iowa or Nebraska;
A court having jurisdiction in parentage, support or abandonment proceedings or actions;
The legal guardian, attorney, or agent of a child;
An attorney requesting discovery as permissible under the laws of the Winnebago Tribe of
Nebraska; or
An agency of the federal government or any other state or tribal child support enforcement IV-D
program engaged in the establishment of paternity, a child support obligation, or the enforcement
of support for a child in a case. [TCR 08-79]
12-408 Publication of Proceedings. When providing service by publication, the names of children in
the matter shall not be disclosed. Only the child’s initials shall be published. The Winnebago Tribe of
Nebraska civil procedure laws are applicable to all instances of service by publication. [TCR 08-79]
12-409 Penalty for Unauthorized Disclosure. Any person, including but not limited to any Tribal
employee, Tribal Court employees, and employees of the WTN-CSEP and Tribal TANF, who willfully
discloses otherwise confidential information related to an action to determine parentage, other than
expressly authorized and provided for under this Article, may be subject to a civil fine not to exceed five
hundred ($500.00) dollars in addition to any disciplinary actions authorized under the Tribal personnel
policies and procedures. Actions brought under this Section may be initiated by the Prosecutor upon the
filing of a sworn statement of the alleged unauthorized disclosure. [TCR 08-79]
12-410 Notice. All parties to a proceeding under this Article shall receive written notice of the time
and place of a proceeding and shall receive written notice of their right to be heard at such a proceeding.
The Winnebago Tribe of Nebraska civil procedure laws are applicable to all determination of parentage
proceedings. [TCR 08-79]
12-411
1.
Establishment of Parent-Child Relationship.
The mother-child relationship is established between a woman and a child by:
a.
The woman having given birth to the child;
b.
An adjudication of the woman’s maternity;
c.
Adoption of the child by the woman; or
d.
As otherwise provided by law.
4-5
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 4
2.
3.
Provisions of this Article relating to determination of paternity apply to determinations of
maternity.
The father-child relationship is established between a man and a child by:
a.
An unrebutted presumption of the man’s paternity of the child under Section 12-414 of
this Article;
b.
An effective acknowledgment of paternity by the man under Sections 12-416 through
12-424 of this Article, unless the acknowledgment has been timely rescinded or
successfully challenged;
c.
An adjudication of the man’s paternity;
d.
Adoption of the child by the man; or
e.
As otherwise provided by law. [TCR 08-79]
12-412 No Discrimination Based on Marital Status. A child born to parents who are not married to
each other has the same rights under the law as a child born to parents who are married to each other.
[TCR 08-79]
12-413 Consequences of Establishment of Parentage. Unless parental rights are terminated, a
parent-child relationship established under this Article applies for all purposes, except as otherwise
provided by the laws of this Tribe. [TCR 08-79]
12-414
1.
2.
12-415
1.
Presumption of Paternity.
A man is presumed to be the father of a child if:
a.
He and the mother of the child are married to each other and the child is born during the
marriage;
b.
He and the mother of the child were married to each other and the child is born within
three hundred (300) days after the marriage is terminated by death, annulment,
declaration of invalidity, dissolution of marriage or after decree of separation;
c.
Before the birth of the child, he and the mother of the child married each other in
apparent compliance with Tribal law, even if the attempted marriage is or could be
declared invalid, and the child is born during the invalid marriage or within three hundred
(300) days after its termination by death, annulment, declaration of invalidity, a decree of
separation, or dissolution of marriage;
d.
After the birth of the child, he and the mother of the child married each other in apparent
compliance with Tribal law, whether or not the marriage is or could be declared invalid,
and he voluntarily asserted his paternity of the child, and:
i.
The assertion is in a record filed with the Tribal Court, WTN-CSEP, tribal
enrollment office, or the state registrar for vital statistics.
ii.
He agreed to be and is named as the child’s father on the child’s birth certificate,
or
iii.
He promised in a record to support the child as his own; or
e.
He openly held out the child as his own and the community accepted him as the child’s
father.
A presumption of paternity established under this Section may be rebutted only by an
adjudication under Sections 12-437 through 12-459 of this Article. [TCR 08-79]
Tribal Acknowledgment and Denial of Paternity — Duties of the WTN-CSEP.
The WTN-CSEP and Winnebago Tribal Court must provide an alleged father the opportunity to
voluntarily acknowledge paternity.
4-6
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 4
2.
3.
12-416
1.
2.
3.
The WTN-CSEP shall prescribe standard forms that parents may sign to acknowledge or deny
paternity and that shall be filed with the WTN-CSEP and the Winnebago Tribal Court.
A valid acknowledgment of paternity, rescission of acknowledgment of paternity, or denial of
paternity is not affected by a later modification of the prescribed form. [TCR 08-79]
Tribal Acknowledgment of Paternity — Execution.
The mother of a child and a man claiming to be the genetic father of the child may execute a
Tribal acknowledgment of paternity with intent to establish the man’s paternity.
A Tribal acknowledgment of paternity shall:
a.
Be in a record;
b.
Be signed and notarized under penalty of perjury by the mother and by the man seeking
to establish his paternity;
c.
State that the child whose paternity is being acknowledged:
i.
Does not have a presumed father, or has a presumed father whose full name is
stated, and
ii.
Does not have another acknowledged or adjudicated father;
d.
State whether there has been genetic testing and, if so, that the acknowledging man’s
claim of paternity is consistent with the results of the testing; and
e.
State that the signatories understand that the acknowledgment is the equivalent of a
judicial adjudication of paternity of the child and that after the rescission period has
ended a challenge to the acknowledgment is permitted only on the basis of fraud, duress,
or material mistake of fact.
The WTN-CSEP and/or the Winnebago Tribal Court shall instruct the parties to send the
notarized Tribal Acknowledgment of Paternity form to the state Department of Public Health to
request the amendment of the birth record of the child, if appropriate. [TCR 08-79]
12-417 Tribal Denial of Paternity by a Presumed Father. A presumed father may sign a Tribal
denial of his paternity. The denial is valid only if:
1.
2.
3.
4.
12-418
1.
2.
3.
A Tribal acknowledgment of paternity signed, or otherwise authenticated, by another man is filed
pursuant to Section 12-419 of this Article;
The Tribal denial of paternity is in a record, and is signed, or otherwise authenticated, under
penalty of perjury;
The denial states facts establishing a possibility that sexual contact between the individuals, if
any, did not result in the conception of the child.
The presumed father has not previously:
a.
Acknowledged his paternity, unless the previous acknowledgment has been rescinded
pursuant to Section 12-421 of this Article or successfully challenged pursuant to Section
12-422 of this Article, or
b.
Been adjudicated to be the father of the child. [TCR 08-79]
Rules for Tribal Acknowledgment and Denial of Paternity.
A Tribal acknowledgment of paternity and a denial of paternity may be executed separately or
simultaneously. If the acknowledgment and denial are both necessary, neither is valid until both
are executed.
A Tribal acknowledgment of paternity or a denial of paternity may be signed before the birth of
the child.
Subject to subsection 1 of this Section, a tribal acknowledgment of paternity or denial of paternity
takes effect on the birth of the child or the execution of the document, whichever occurs later.
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4.
5.
12-419
1.
2.
A Tribal acknowledgment of paternity or denial of paternity signed by a minor is valid if it is
otherwise in compliance with this Article.
A Tribal acknowledgment or denial of paternity may be completed for a child who was not born
within the exterior boundaries of the Winnebago Tribe of Nebraska. [TCR 08-79]
Effect of Tribal Acknowledgment or Denial of Paternity.
Except as otherwise provided in Sections 12-421 and 12-422 of this Article, a valid Tribal
acknowledgment of paternity filed with the WTN-CSEP or the Winnebago Tribal Court is
equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all
of the rights and duties of a parent and must be recognized as a basis for a support order in any
proceeding to establish, enforce, or modify a support order.
Except as otherwise provided in Sections 12-421 and 12-422 of this Article, a valid Tribal denial
of paternity by a presumed father filed with the WTN-CSEP or the Winnebago Tribal Court when
executed in conjunction with a valid Tribal acknowledgment of paternity is equivalent to an
adjudication of the nonpaternity of the presumed father and discharges the presumed father from
all rights and duties of a parent. [TCR 08-79]
12-420 No Filing Fee. The WTN-CSEP shall not charge a fee for filing a Tribal acknowledgment of
paternity, denial of paternity, rescission of acknowledgment of paternity, or rescission of denial of
paternity. [TCR 08-79]
12-421 Proceeding for Rescission. A signatory may rescind a Tribal acknowledgment of paternity or
denial of paternity by commencing a proceeding to rescind before the earlier of:
1.
2.
12-422
1.
2.
3.
12-423
1.
2.
3.
Sixty days after the effective date of the acknowledgment or denial, as provided in Section 12418; or
Within ten days after the first hearing, in a proceeding to which the signatory is a party, before a
court to adjudicate an issue relating to the child, including a proceeding that establishes a child
support obligation. [TCR 08-79]
Challenge After Expiration of Period for Rescission.
After the period for rescission under Section 12-421 has expired, a signatory of a Tribal
acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the
acknowledgment or denial only on the basis of fraud, duress, or material mistake of fact.
There is no time limitation on when a party may commence a proceeding to challenge the Tribal
acknowledgment or denial of paternity as provided for in subsection 1 of this Section.
A party challenging a Tribal acknowledgment of paternity or denial of paternity has the burden of
proof. [TCR 08-79]
Procedure for Rescission or Challenge.
Every signatory to a Tribal acknowledgment of paternity and any related Tribal denial of
paternity shall be made a party to a proceeding to challenge the acknowledgment or denial.
For the purpose of challenging a Tribal acknowledgment of paternity or a denial of paternity, a
signatory submits to personal jurisdiction of this Tribe by signing the Tribal acknowledgment or
denial of paternity.
Except for good cause shown, during the pendency of a proceeding to challenge a Tribal
acknowledgment of paternity or denial of paternity, the Winnebago Tribal Court shall not
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4.
5.
suspend the legal responsibilities of a signatory arising from the acknowledgment, including the
duty to pay child support.
A proceeding to challenge a Tribal acknowledgment of paternity or denial of paternity shall be
conducted in the same manner as a proceeding to adjudicate parentage under this Article.
At the conclusion of a proceeding to rescind or challenge a Tribal acknowledgment of paternity
or denial of paternity, the Winnebago Tribal Court shall instruct the parties to send the Tribal
Court order to the State Department of Public Health to request the amendment of the birth record
of the child, if appropriate. [TCR 08-79]
12-424 Full Faith and Credit. In any proceeding in which paternity or denial of paternity of a child is
alleged, the Winnebago Tribal Court shall give full faith and credit to a determination of paternity or
nonpaternity by another tribe or state, made before a determination of paternity under the laws of this
Tribe, whether established through voluntary acknowledgment or through administrative or judicial
processes. The paternity or nonpaternity determination made by the other jurisdiction must be in
compliance with the law of that jurisdiction and due process satisfied. [TCR 08-79]
12-425 Release of Information – Tribal Acknowledgment or Denial of Paternity. The WTN-CSEP
and the Winnebago Tribal Court may release copies of the Tribal acknowledgment of paternity or denial
of paternity to a signatory of the acknowledgment or denial and to appropriate state and tribal courts or
other state or tribal child support IV-D agencies. [TCR 08-79]
12-426 Scope of Genetic Testing. Sections 12-426 through 12-436 govern genetic testing of an
individual to determine parentage, whether the individual:
1.
2.
12-427
1.
2.
3.
4.
12-428
1.
Voluntarily submits to testing; or
Is tested pursuant to an order of the Winnebago Tribal Court. [TCR 08-79]
Order for Genetic Testing.
The Winnebago Tribal Court may order genetic testing.
Except as otherwise provided in Sections 12-426 through 12-436, the Winnebago Tribal Court
shall order the child and other designated individuals to submit to genetic testing if the request for
testing is supported by the sworn statement of a party to the proceeding:
a.
Alleging paternity and stating facts establishing a reasonable probability of the requisite
sexual contact between the individuals; or
b.
Denying paternity and stating facts establishing a possibility that sexual contact between
the individuals, if any, did not result in the conception of the child.
If a request for genetic testing of a child is made before the birth of the child, the Winnebago
Tribal Court may not order in-utero testing.
If two or more men are subject to court-ordered genetic testing, the testing may be ordered
concurrently or sequentially. [TCR 08-79]
Requirements for Genetic Testing.
Genetic testing must be of a type reasonably relied upon by experts in the field of genetic testing
and performed in a testing laboratory accredited by:
a.
The American Association of Blood Banks, or a successor to its functions;
b.
The American Society for Histocompatibility and Immunogenetics, or a successor to its
functions; or
c.
An accrediting body designated by the federal Secretary of Health and Human Services.
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2.
3.
4.
12-429
1.
2.
12-430
1.
2.
A specimen used in genetic testing may consist of one or more samples, or a combination of
samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in
the testing need not be of the same kind for each individual undergoing genetic testing.
Based on the ethnic or racial group of an individual, the testing laboratory shall determine the
databases from which to select frequencies for use in calculation of the probability of paternity.
If there is a disagreement as to the testing laboratory’s choice, the following rules apply:
a.
The individual objecting may require the testing laboratory, within thirty days after
receipt of the report of the test, to recalculate the probability of paternity using an ethnic
or racial group different from that used by the laboratory. The cost of any retesting shall
be the responsibility of the individual who objected.
b.
The individual objecting to the testing laboratory’s initial choice shall:
i.
If the frequencies are not available to the testing laboratory for the ethnic or
racial group requested, provide the requested frequencies compiled in a manner
recognized by accrediting bodies; or
ii.
Engage another testing laboratory to perform the calculations.
c.
The testing laboratory may use its own statistical estimate if there is a question regarding
which ethnic or racial group is appropriate. If available, the testing laboratory shall
calculate the frequencies using statistics for any other ethnic or racial group requested.
If, after recalculation using a different ethnic or racial group, genetic testing does not rebuttably
identify a man as the father of a child under Section 12-430, an individual who has been tested
may be required to submit to additional genetic testing. [TCR 08-79]
Report of Genetic Testing.
A report of genetic testing must be in a record and signed under penalty of perjury by a designee
of the testing laboratory. A report made under the requirements of Sections 12-426 through
12-436 of this Article is self-authenticating.
Documentation from the testing laboratory of the following information is sufficient to establish a
reliable chain of custody that allows the results of genetic testing to be admissible without
testimony:
a.
The names and photographs of the individuals whose specimens have been taken;
b.
The names of the individuals who collected the specimens;
c.
The places and dates the specimens were collected;
d.
The names of the individuals who received the specimens in the testing laboratory; and
e.
The dates the specimens were received. [TCR 08-79]
Genetic Testing Results — Rebuttal.
Under this Article, a man is rebuttably identified as the father of a child if the genetic testing
complies with Sections 12-426 through 12-436 and the results disclose that:
a.
The man has at least a ninety-nine percent probability of paternity, using a prior
probability of five-tenths, as calculated by using the combined paternity index obtained in
the testing; and
b.
A combined paternity index of at least one hundred to one.
A man identified under subsection 1 as the father of the child may rebut the genetic testing results
only by other genetic testing satisfying the requirements of Sections 12-426 through 12-436
which:
a.
Excludes the man as a genetic father of the child; or
b.
Identifies another man as the possible father of the child.
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3.
12-431
1.
2.
12-432
1.
2.
Except as otherwise provided in Section 12-435, if more than one man is identified by genetic
testing as the possible father of the child, the Winnebago Tribal Court shall order them to submit
to further genetic testing to identify the genetic father. [TCR 08-79]
Costs of Genetic Testing.
Subject to assessment of costs under Sections 12-437 through 12-459 of this Article, the cost of
initial genetic testing must be advanced:
a.
By the WTN-CSEP in a proceeding in which the WTN-CSEP is providing services;
b.
By the individual who made the request;
c.
As agreed by the parties; or
d.
As ordered by the Winnebago Tribal Court.
In cases in which the cost is advanced by the WTN-CSEP, the WTN-CSEP may seek
reimbursement from a man who is rebuttably identified as the father. [TCR 08-79]
Additional Genetic Testing.
The Winnebago Tribal Court or the WTN-CSEP shall order additional genetic testing upon the
request of a party who contests the result of the original testing.
If the previous genetic testing identified a man as the father of the child under Section 12-430, the
Tribal Court or WTN-CSEP may not order additional testing unless the party provides advance
payment for the testing. [TCR 08-79]
12-433 Genetic Testing When Specimens Not Available. If a genetic-testing specimen is not
available from a man who may be the father of a child, for good cause and under circumstances the
Winnebago Tribal Court considers to be just, the Court may accept voluntary genetic testing of the
following individuals:
1.
2.
3.
4.
The parents of the man;
Brothers and sisters of the man;
Other children of the man and their mothers; and
Other relatives of the man necessary to complete genetic testing. [TCR 08-79]
12-434 Deceased Individual. For good cause shown, the Tribal Court may order genetic testing of a
deceased individual. [TCR 08-79]
12-435
1.
2.
Identical Brothers.
The Winnebago Tribal Court may order genetic testing of a brother of a man identified as the
father of a child if the man is commonly believed to have an identical brother and evidence
suggests that the brother may be the genetic father of the child.
If each brother satisfies the requirements as the identified father of the child under Section 12-430
without consideration of another identical brother being identified as the father of the child, the
Tribal Court may rely on non-genetic evidence to adjudicate which brother is the father of the
child. [TCR 08-79]
12-436 Confidentiality of Genetic Testing. The report of genetic testing for parentage is confidential.
An individual who knowingly releases an identifiable specimen of another individual for any purpose
other than that relevant to the proceeding regarding parentage without a court order or the written
permission of the individual who furnished the specimen is deemed to have violated the client’s
confidentiality and is subject to Section 12-409 of this Article. [TCR 08-79]
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12-437 Proceeding to Adjudicate the Parentage of a Child — Authorization. A civil proceeding
may be maintained to adjudicate the parentage of a child. The proceeding is governed by the Winnebago
Civil Procedure Code. [TCR 08-79]
12-438 Standing to Maintain Proceeding. Subject to Sections 12-416 through 12-425 and Sections
12-441 and 12-443, a proceeding to adjudicate parentage may be maintained by:
1.
2.
3.
4.
5.
6.
The child;
The mother of the child;
A man whose paternity of the child is to be adjudicated;
The WTN-CSEP;
An authorized adoption agency or licensed child-placing agency; or
A representative authorized by law to act for an individual who would otherwise be entitled to
maintain a proceeding but who is deceased, incapacitated, or a minor. [TCR 08-79]
12-439 Parties to Proceeding. The following individuals must be joined as parties in a proceeding to
adjudicate parentage:
1.
2.
The mother of the child; and
A man whose paternity of the child is to be adjudicated. [TCR 08-79]
12-440 No Limitation — Child Having No Presumed, Acknowledged, or Adjudicated Father. A
proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated
father may be commenced at any time, even after:
1.
2.
12-441
1.
2.
3.
12-442
1.
The child becomes an adult, but only if the child initiates the proceeding; or
An earlier proceeding to adjudicate paternity has been dismissed based on the application of a
statute of limitation then in effect. [TCR 08-79]
Limitation — Child Having Presumed Father.
Except as otherwise provided in subsection 2 of this Section, a proceeding brought by a presumed
father, the mother, or another individual to adjudicate the parentage of a child having a presumed
father must be commenced not later than ten years after the birth of the child.
A proceeding seeking to disprove the father-child relationship between a child and the child’s
presumed father may be maintained at any time if the Winnebago Tribal Court determines that:
a.
The presumed father and the mother of the child neither cohabited nor engaged in sexual
intercourse with each other during the probable time of conception; and
b.
The presumed father never openly held out the child as his own.
For purposes of this Section and Section 12-442, an action to establish support for a child is a
proceeding to adjudicate parentage if the child’s presumed father raises nonpaternity as a defense
to the action. [TCR 08-79]
Authority to Deny Motion for Genetic Testing.
In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge
the paternity of a child having an acknowledged father, the Winnebago Tribal Court may deny a
motion seeking an order for genetic testing of the mother, the child, and the presumed or
acknowledged father if the Court determines that:
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a.
2.
3.
4.
5.
12-443
1.
2.
3.
The conduct of the mother or the presumed or acknowledged father estops that party from
denying parentage; and
b.
It would be inequitable to disprove the father-child relationship between the child and the
presumed or acknowledged father.
In determining whether to deny a motion seeking an order for genetic testing under this Section,
the Court shall consider the best interest of the child, including the following factors:
a.
The length of time between the proceeding to adjudicate parentage and the time that the
presumed or acknowledged father was placed on notice that he might not be the genetic
father;
b.
The length of time during which the presumed or acknowledged father has assumed the
role of father of the child;
c.
The facts surrounding the presumed or acknowledged father’s discovery of his possible
nonpaternity;
d.
The nature of the relationship between the child and the presumed or acknowledged
father;
e.
The age of the child;
f.
The harm that may result to the child if presumed or acknowledged paternity is
successfully disproved;
g.
The nature of the relationship between the child and any alleged father;
h.
The extent to which the passage of time reduces the chances of establishing the paternity
of another man and a child support obligation in favor of the child; and
i.
Other factors that may affect the qualities arising from the disruption of the father-child
relationship between the child and the presumed or acknowledged father or the chance of
other harm to the child.
In a proceeding involving the application of this Section, a minor or incapacitated child must be
represented by a guardian ad litem.
Denial of a motion seeking an order for genetic testing must be based on clear and convincing
evidence.
If the Court denies a motion seeking an order for genetic testing, it shall issue an order
adjudicating the presumed or acknowledged father to be the father of the child. [TCR 08-79]
Limitation — Child Having Acknowledged or Adjudicated Father.
If a child has an acknowledged father, a signatory to the acknowledgment of paternity or denial of
paternity may commence a proceeding seeking to rescind the acknowledgment or denial or
challenge the paternity of the child only within the time allowed under Section 12-421 or 12-422.
If a child has an acknowledged father or an adjudicated father, an individual, other than the child,
who is neither a signatory to the acknowledgment of a paternity nor a party to the adjudication
and who seeks an adjudication of paternity of the child must commence a proceeding not later
than ten years after the effective date of the acknowledgment or adjudication.
A proceeding under this Section is subject to the application of the principles of estoppel
established in Section 12-442. [TCR 08-79]
12-444 Joinder of Proceedings. A proceeding to adjudicate parentage may be joined with a
proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce,
annulment, legal separation or separate maintenance, probate or administration of an estate, or other
appropriate proceeding. [TCR 08-79]
12-445 Proceeding Before Birth. A proceeding to determine parentage may be commenced before
the birth of the child, but may not be concluded until after the birth of the child. The following actions
may be taken before the birth of the child:
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1.
2.
3.
12-446
1.
2.
12-447
1.
2.
3.
4.
12-448
1.
2.
3.
Service of process;
Discovery; and
Except as prohibited by Section 12-427, collection of specimens for genetic testing. [TCR 08-79]
Child As Party — Representation.
A minor child is a permissible party, but is not a necessary party to a proceeding under Sections
12-437 through 12-459.
The Winnebago Tribal Court shall appoint a guardian ad litem to represent a minor or
incapacitated child if the child is a party or the Court finds that the interests of the child are not
adequately represented. The Court may apportion the costs of the guardian ad litem between the
parties as appropriate. [TCR 08-79]
Admissibility of Results of Genetic Testing — Expenses.
Except as otherwise provided in subsection 3 of this Section, a record of a genetic-testing expert
is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its
admission within fourteen days after its receipt by the objecting party and cites specific grounds
for exclusion. The admissibility of the report is not affected by whether the testing was
performed:
a.
Voluntarily or pursuant to an order of the Court or a support enforcement agency; or
b.
Before or after the commencement of the proceeding.
A party objecting to the results of genetic testing may call one or more genetic-testing experts to
testify in person or by telephone, videoconference, deposition, or another method approved by the
Tribal Court. Unless otherwise ordered by the Court, the party offering the testimony bears the
expense for the expert testifying.
If a child has a presumed, acknowledged, or adjudicated father, the results of genetic testing are
inadmissible to adjudicate parentage unless performed:
a.
With the consent of both the mother and the presumed, acknowledged, or adjudicated
father; or
b.
Pursuant to an order of the Court under Section 12-427.
Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and
child which are furnished to the adverse party not less than ten days before the date of a hearing
are admissible to establish:
a.
The amount of the charges billed; and
b.
That the charges were reasonable, necessary, and customary. [TCR 08-79]
Consequences of Declining Genetic Testing.
An order for genetic testing is enforceable by contempt.
If an individual whose paternity is being determined declines to submit to genetic testing ordered
by the Winnebago Tribal Court, the Court for that reason may adjudicate parentage contrary to
the position of that individual.
Genetic testing of the mother of a child is not a condition precedent to testing the child and a man
whose paternity is being determined. If the mother is unavailable or declines to submit to genetic
testing, the Court may order the testing of the child and every man whose paternity is being
adjudicated. [TCR 08-79]
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12-449
1.
2.
12-450
1.
2.
Admission of Paternity Authorized.
A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by
filing a pleading to that effect or by admitting paternity under penalty of perjury when making an
appearance or during a hearing.
If the Winnebago Tribal Court finds that the admission of paternity satisfies the requirements of
this Section and finds that there is no reason to question the admission, the Court shall issue an
order adjudicating the child to be the child of the man admitting paternity. [TCR 08-79]
Temporary Order.
In a proceeding under Sections 12-437 through 12-459, the Winnebago Tribal Court shall issue a
temporary order for support of a child if the order is appropriate and the individual ordered to pay
support is:
a.
A presumed father of the child;
b.
Petitioning to have his paternity adjudicated;
c.
Identified as the father through genetic testing under Section 12-430;
d.
An alleged father who has declined to submit to genetic testing;
e.
Shown by clear and convincing evidence to be the father of the child; or
f.
The mother of the child.
A temporary order may include provisions for custody and visitation as provided by other laws of
this Tribe. [TCR 08-79]
12-451 Rules for Adjudication of Paternity. The Winnebago Tribal Court shall apply the following
rules to adjudicate the paternity of a child:
1.
2.
3.
4.
The paternity of a child having a presumed, acknowledged, or adjudicated father may be
disproved only by admissible results of genetic testing excluding that man as the father of the
child or identifying another man as the father of the child.
Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man
identified as the father of a child under Section 12-430 must be adjudicated the father of the child.
If the Court finds that genetic testing under Section 12-430 neither identifies nor excludes a man
as the father of a child, the Court may not dismiss the proceeding. In that event, the results of
genetic testing, and other evidence, are admissible to adjudicate the issue of paternity.
Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man
excluded as the father of a child by genetic testing must be adjudicated not to be the father of the
child. [TCR 08-79]
12-452 Jury Prohibited. The Winnebago Tribal Court, without a jury, shall adjudicate paternity of a
child. [TCR 08-79]
12-453 Closed Hearings. On request of a party and for good cause shown, the Winnebago Tribal
Court may close a proceeding under Sections 12-437 through 12-459. [TCR 08-79]
12-454 Order On Default.
paternity of a man who:
1.
2.
The Winnebago Tribal Court shall issue an order adjudicating the
After service of process, is in default; and
Is found by the Court to be the father of a child. [TCR 08-79]
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12-455 Dismissal for Want of Prosecution. The Winnebago Tribal Court may issue an order
dismissing a proceeding commenced under this Article for want of prosecution only without prejudice.
An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of
a dismissal without prejudice. [TCR 08-79]
12-456
1.
2.
3.
4.
5.
6.
7.
8.
12-457
1.
2.
Order Adjudicating Parentage.
The Winnebago Tribal Court shall issue an order adjudicating whether a man alleged or claiming
to be the father is the parent of the child.
An order adjudicating parentage must identify the child by name and date of birth.
The order must include the social security numbers of the child and the individuals determined to
be the child’s parents.
The order may contain any other provision in the best interest of the child, including payment of
support, payment of expenses of the mother’s pregnancy and confinement, custody of the child,
visitation with the child, and furnishing of bond or other security for payment of support. A
support order must be for a payment in an amount consistent with the Tribal child support
guidelines promulgated by the Winnebago Tribal Court. All remedies for the enforcement of
support, custody, and visitation orders under Title 12, Article 5 of the Winnebago Tribe of
Nebraska Tribal Code apply. The Tribal Court has continuing jurisdiction to modify an order for
future support of the child, subject to Title 12, Article 5 of the Winnebago Tribal Code, and for
custody of and visitation of the child.
Except as otherwise provided in subsection 6 of this Section, the Court may assess filing fees,
reasonable attorney’s fees, fees for genetic testing, other costs, and necessary travel and other
reasonable expenses incurred in a proceeding under Sections 12-436 through 12-459. The Court
may award attorney’s fees, which may be paid directly to the attorney, who may enforce the order
in the attorney’s own name.
The Court may not assess fees, costs, or expenses against the WTN-CSEP, except as provided by
other law.
On request of a party and for good cause shown, the Court may order that the name of the child
be changed.
If the order of the Court is at variance with the child’s birth certificate, the Court shall instruct the
parties of the order to send the order to the state department of public health to request an
amended birth registration. An order adjudicating parentage must be filed with the state registrar
of vital statistics. [TCR 08-79]
Binding Effect of Determination of Parentage.
Except as otherwise provided in subsection 2 of this Section, a determination of parentage is
binding on:
a.
All signatories to an acknowledgment or denial of paternity as provided in Sections
12-416 through 12-425; and
b.
All parties to an adjudication by a court acting under circumstances that satisfy the
jurisdictional requirements of Sections 12-404 and 12-405.
A child is not bound by a determination of parentage under this Article unless:
a.
The determination was based on an unrestricted acknowledgment of paternity and the
acknowledgment is consistent with the results of genetic testing;
b.
The adjudication of parentage was based on a finding consistent with the results of
genetic testing and the consistency is declared in the determination or is otherwise
shown; or
c.
The child was a party or was represented in the proceeding determining parentage by a
guardian ad litem.
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3.
4.
5.
12-458
1.
2.
In a proceeding to dissolve a marriage, the Court is deemed to have made an adjudication of the
parentage of a child if the Court acts under circumstances that satisfy the jurisdictional
requirements of Sections 12-404 and 12-405 and other applicable Tribal law, and the final order:
a.
Expressly identifies a child as a “child of the marriage,” “issue of the marriage,” or
similar words indicating that the husband is the father of the child; or
b.
Provides for support of the child, custody of the child, or visitation with the child by the
husband unless paternity is specifically disclaimed in the order.
Except as otherwise provided in subsection 2 of this Section, a determination of parentage may be
a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was
not a party to the earlier proceeding.
A party to an adjudication of paternity may challenge the adjudication only under law of the
Winnebago Tribe of Nebraska relating to appeal, vacation of judgments, or other judicial review.
[TCR 08-79]
Liability for Collection of Support.
The Winnebago Tribe of Nebraska is not liable for child support that was collected from or on
behalf of a former parent and disbursed to an obligee as under Title 12, Article 5, of the
Winnebago Tribe of Nebraska Tribal Code.
The Winnebago Tribe of Nebraska is not liable for child support that was collected from or on
behalf of a former parent and retained by the Tribe unless ordered by a Court after being
presented with genetic test results that would otherwise be admissible under this Article showing
that the former parent is not the genetic parent of the child. [TCR 08-79]
12-459 Application of the Winnebago Parentage Act. This Act shall govern all proceedings to
acknowledge paternity or adjudicate parentage commenced after the effective date of this Act.
[TCR 08-79]
4-17
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 5
TITLE 12
FAMILY RELATIONS
ARTICLE 5
WINNEBAGO CHILD SUPPORT ACT
(as revised May 21, 2014)
PRELIMINARY PROVISIONS
12-501
12-502
12-503
12-504
12-505
12-506
Act, How Cited.
Findings.
Purpose.
Definitions.
Jurisdiction.
Protection of Participants —
Confidentiality of Case Records.
12-507 Authorized Release of Case Records and
Other Information.
12-508 Penalty for Unauthorized Disclosure.
12-509 Attorney Represents Tribe’s Interest in the
Enforcement of Child Support
Obligations.
12-510 Notice.
ESTABLISHMENT & MODIFICATION OF CHILD SUPPORT
12-511
12-512
12-513
12-514
12-515
12-516
12-517
Duty to Support Children.
Liability of Stepparent For Support.
Termination of Parental Rights – Duty of
Support.
Support For Children After Majority –
Retroactive Application.
Support by Tribe – Liability of Parent’s
Estate.
Allowance to Parent for Support of
Child.
Duration of Child Support Obligations.
12-518 Periodic Review of Child Support Orders.
12-519 Notice of Periodic Review of Child
Support Orders.
12-520 Obligor’s Duties Upon Review – Failure
to Provide Information.
12-521 Notice of Review Determination.
12-522 Motion for Amendment of Child Support
Order – How Made – Presumption When
Obligor’s Income Unknown.
12-523 Request For Review – Notice of Right to
Request Review.
TRIBAL TANF & ASSIGNMENT OF CHILD SUPPORT PAYMENTS TO THE WTN-CSEP
12-524
12-525
12-526
12-527
Recipients of Tribal TANF - Assignment
of Support Payments.
Families-First Distribution of Child
Support Arrearages.
Existing Assignments.
Effect of Assignment.
12-528 Cooperation with Winnebago Tribe of
Nebraska Child Support Enforcement Program
(WTN-CSEP).
12-529 Non-Cooperation with the WTN-CSEP.
12-530 Assignment of Rights; Judgment.
LOCATION OF A MISSING OBLIGOR, ASSETS, AND OBLIGEE BY THE WTN-CSEP
12-531
Location Activities of the WTN-CSEP.
PAYMENTS, COLLECTIONS, DISTRIBUTION, AND ARREARS
12-532
12-533
12-534
Mandatory Payment of Child Support
Obligations to the WTN-CSEP.
Collections and Distribution – General
Rule, Current Receipt of Tribal TANF,
Former Receipt of Tribal TANF.
Overpayments.
12-535 Arrears.
12-536 Child Support Order – Required Interest
Statement on Arrears.
12-537 Interest Waived on Arrearages.
12-538 Offsets of Child Support.
12-539 Agreements to Waive Child Support.
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June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 5
CIVIL REMEDIES FOR ENFORCEMENT OF CHILD SUPPORT ORDERS
12-540
12-541
12-542
12-543
12-544
12-545
12-546
12-547
12-548
Income Withholding Order.
Immediate Income Withholding.
Subsequent Income Withholding Order –
Provision of Notice of Impact of Income
Withholding Law to Obligors.
Requests by Obligee for Income
Withholding – Approval – Procedures
and Standards.
Procedure – Notice to Obligor.
Hearing Upon Obligor’s Request.
Mandatory Federal Income Withholding
Form – Effect of Income Withholding
Order.
Voluntary Income Withholding for Child
Support – Limitations.
Service of Income Withholding Order on
Income Payer.
12-549 Income Withholding - Duties and
Liabilities of Income Payer under Income
Withholding Order.
12-550 Requests for Information from Income
Payer.
12-551 Amendment – Termination of Income
Withholding Order.
12-552 Interstate Income Withholding – Initiation
by the Winnebago Tribe of Nebraska to
Another Jurisdiction.
12-553 Child Support Exempt from Process.
12-554 Administrative Seek Employment Orders.
12-555 Driver’s License and Occupational
License Suspension, Motor Vehicle Lien.
12-556 Contempt Proceedings for Nonpayment of
Child Support.
INTERGOVERNMENTAL CHILD SUPPORT CASES –
AFFORDING FULL FAITH AND CREDIT
12-557
Full Faith and Credit of Foreign Child
Support Orders.
REGISTRATION OF FOREIGN CHILD SUPPORT ORDER FOR ENFORCEMENT
12-558
12-559
12-560
Registration of Foreign Child Support
Order for Enforcement.
Effect of Registration for Enforcement.
Choice of Law.
12-561 Notice of Registration of Order.
12-562 Procedure to Contest Validity or
Enforcement of Registered Order.
12-563 Burden on Party Contesting the
Registration or Enforcement.
REGISTRATION OF FOREIGN CHILD SUPPORT ORDERS FOR MODIFICATION
12-564
Registration Child Support Order for
Modification.
12-565 Modification of Child Support Order of
Another Tribe or State.
12-566 Application of the Winnebago Child
Support Act.
12-567 Transferring of a Foreign Child Support or
Custody Case.
12-568 Effect of Accepting a Transferred Case.
12-569 Notice of Acceptance of Transferred Case.
12-570 Procedure to Contest the Acceptance of a
Transferred Case.
12-571 Burden on Party Contesting the Transfer
of a Case.
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June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 5
PRELIMINARY PROVISIONS
12-501 Act, How Cited. Sections 12-501 to 12-567 shall be known and may be cited as the
Winnebago Child Support Act. [TCR 08-79]
12-502 Findings. The Winnebago Tribe of Nebraska has historically placed a great emphasis on the
needs of its youth and families. Under the values of the Tribe, children are viewed as sacred, and they are
the Tribe’s most important resource. The Tribe has a compelling interest to promote and maintain the
health and well-being of Tribal children and families. The Winnebago Tribe of Nebraska acknowledges
the financial difficulties and hardship facing many Tribal children due to a lack of parental support. The
non-support of children by their parents is not consistent with the values of the Winnebago Tribe. The
Tribe will not tolerate the non-support of its children. The Winnebago Tribe finds that it is in the best
interests of the Tribe to make laws that establish a Tribal child support IV-D agency in an effort to offer
the community effective, fair, accessible, and culturally appropriate child support services. [TCR 08-79]
12-503 Purpose. The Winnebago Child Support Act, Title 12, Article 5, has been enacted for the
following purposes:
1.
2.
3.
4.
5.
6.
7.
To ensure that children within the jurisdiction of the Winnebago Tribe of Nebraska receive
adequate support from their parents;
To motivate parents to meet the financial and emotional needs of their children;
To compel, when necessary, the parent of a child to perform the moral and legal duties owed to
the child;
To promote fairness to the children and families seeking services from the Winnebago Tribe of
Nebraska Child Support Enforcement Program and who come before the Winnebago Tribal Court
for actions under this Article;
To exercise Tribal sovereignty and open the lines of communication in working with foreign
jurisdictions with the goal of providing a continuum of child support services to Tribal children
whether they reside on or off the Winnebago Reservation;
To provide for the supervision and administration of child support functions on a Tribal-wide
basis; and
To reaffirm Tribal sovereignty and Tribal self-determination by providing for the exercise of the
greatest possible Tribal jurisdiction over the greatest number of child support cases involving
Tribal children and families. [TCR 08-79]
12-504 Definitions. Terms under this Article shall be liberally construed so as not to limit the
jurisdiction of the Winnebago Tribal Court over Tribal children, and to facilitate the authority of the
Tribal Court to act to protect the interests of Tribal children and their families. When interpreting terms
not defined by this Article, the Tribal Court shall take into consideration Tribal laws and customs. Unless
in conflict with applicable Tribal law, terms not specifically defined in this Article shall be defined
according to their normal usage, or as defined in the federal regulations for Tribal Child Support
Enforcement Programs found at 45 CFR § 309 et seq. Unless the context otherwise requires, as used in
this Article:
1.
2.
3.
“Arrears Case Record: means the case record that is maintained by the WTN-CSEP and houses
records related to child support arrears.
“Business day” means every day that is not a Saturday, Sunday or legal holiday.
“Child” means:
a.
A person under 18 years of age; and
b.
A person 18 or more years of age with respect to whom a child support order has been
issued pursuant to the laws of a Tribe or State.
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June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 5
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
“Child support” means payments for the support of children, including payments for health
insurance coverage or other medical support, and combined payments for the support of children
and spouses or former spouses, however, denominated, if the payment is required by the order of
a court or other governmental agency having authority to issue such orders.
“Court” means the Winnebago Tribal Court of the Winnebago Tribe of Nebraska.
“Delinquent” means a situation that occurs on the first working day after the day upon which a
child support payment was identified as due and unpaid, and the total amount of unpaid child
support is at least equal to the amount of child support payable in one month.
“Disposable income” means gross income less deductions required by law for taxes and social
security.
“Employer” means income payer.
“Health care coverage” means health care benefits that are provided by a health plan. Health care
coverage does not include any form of public medical assistance.
“Income” means any form of payment, regardless of source, owed to an obligor, including any
earned, unearned, taxable or nontaxable income, workforce safety and insurance benefits,
disability benefits, unemployment compensation benefits, annuity and retirement benefits, but
excluding Tribal or State public assistance benefits.
“Income payer” means any person, partnership, firm, corporation, limited liability company,
association, political subdivision, or department or agency of a tribe, state, or federal government
owing income to an obligor and includes an obligor if the obligor is self-employed.
“Issuing state” means the state in which a tribunal issues a child support order or renders a
judgment determining parentage.
“Issuing tribe” means the tribe in which a tribunal issues a child support order or renders a
judgment determining parentage.
“Issuing tribunal” means the tribunal that issues a child support order or renders a judgment
determining parentage.
“Medical support” means providing health care coverage for a joint child by carrying health care
coverage for the joint child or by contributing to the cost of health care coverage, public
coverage, unreimbursed medical expenses, and uninsured medical expenses of the joint child.
“Monthly support obligation” means an amount of child support ordered by a court in a
proceeding to establish or modify a child support obligation, including amounts that are deferred
for payment at a later date. The term is defined without regard to any amount of child support
that an obligor is required to pay to avoid being held in contempt of court.
“Obligee” means a person, including a tribe, state, or political subdivision, to whom a duty of
support is owed.
“Obligor” means any person owing a duty of support.
“Past-due support” means child support that is not paid by the earlier of:
a.
The date a court order established under law requires payment to be made; or
b.
The last day of the month or other period the payment was intended to cover.
“Payday” means the day upon which the income payer pays or otherwise credits the obligor.
“Public assistance” means temporary financial assistance given to needy persons by a tribal or
state government agency.
“Public coverage” means health care benefits provided by any form of federal, state, or Tribal
medical assistance. Medical benefits provided by the federal Indian Health Service (IHS) are
considered public coverage.
“Register” means to file a child support order or judgment determining parentage in the office of
the court manager or administrator.
“Registering tribunal” means a tribal or state tribunal in which a child support order is registered.
“Service member” means a member of the National Guard or a reserve unit of the United States
armed forces and “active duty service” means an order to active duty under United States Code
title 10.
5-4
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 5
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
12-505
1.
2.
“Title IV-A” refers to title IV-A of the Social Security Act, under which the federal government
provides funds to tribes and states to provide temporary financial assistance to families using
federal dollars.
“Title IV-D” means title IV-D of the Social Security Act, under which the federal government
provides funds to tribes and states to administer child support programs that provide services
related to child support.
“Title IV-E” refers to title IV-E of the Social Security Act, under which the federal government
provides funds to tribes and states to assist with the costs of operating foster care programs.
“Title XIX” refers to title XIX of the Social Security Act, under which the federal government
provides funds to states to provide medical care assistance through a state-operated and
administered program that provides medical benefits for certain indigent or low-income persons
in need of health and medical care.
“Tribal Court” means the Winnebago Tribal Court of the Winnebago Tribe of Nebraska.
“Tribe” means the Winnebago Tribe of Nebraska of the Winnebago Reservation.
“Winnebago Tribal TANF Program” means the Winnebago Tribal program charged with
providing Temporary Assistance for Needy Families through Title IV-A of the Social Security
Act.
“Tribunal” means a tribal or state court, administrative agency, or quasi-judicial entity authorized
to establish, enforce, or modify child support orders or to determine parentage.
“Uninsured medical expenses” means a child’s reasonable and necessary health-related expenses
if the child is not covered by a health plan or public coverage when the expenses are incurred.
“Unreimbursed medical expenses” means a child’s reasonable and necessary health-related
expenses if a joint child is covered by a health plan or public coverage and the plan or coverage
does not pay for the total cost of the expenses when the expenses are incurred. Unreimbursed
medical expenses do not include the cost of premiums. Unreimbursed medical expenses include,
but are not limited to, deductibles, co-payments, and expenses for orthodontia, and prescription
eyeglasses and contact lenses, but not over-the-counter medications if coverage is under a health
plan.
“WTN-CSEP” means the Winnebago Tribe of Nebraska Child Support Enforcement Program.
“Winnebago Tribe of Nebraska Child Support Enforcement Program” means the Tribal Child
Support Agency, which provides child support enforcement services to children and families and
is authorized to seek:
a.
Location of obligors or their assets and obligees;
b.
Determination of parentage;
c.
Establishment or modification of child support; or
d.
Enforcement of support orders or laws relating to the duty of support. [TCR 08-79]
Jurisdiction.
The Winnebago Tribal Court shall have subject matter jurisdiction over any proceeding arising
under this Article and actions arising under the customs and traditions of the Winnebago Tribe of
Nebraska affecting the establishment, modification, and enforcement of child support. The Tribal
Court shall apply the law and customs of this Tribe to set and enforce child support.
In a proceeding to establish, enforce, or modify a support order, the Tribal Court may assert
personal jurisdiction under this Article over:
a.
All members or persons eligible for membership in the Winnebago Tribe of Nebraska;
b.
Any person eligible for membership in any federal or state recognized tribe coming under
the jurisdiction of the Winnebago Tribe of Nebraska; or
c.
Any person who is alleged to be a parent of a child, including any unborn child, whose
parenting partner is a member or eligible for membership in the Winnebago Tribe of
5-5
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 5
3.
4.
5.
6.
Nebraska, or who is a member or eligible for membership in any federal or state
recognized tribe coming under the jurisdiction of the Winnebago Tribe of Nebraska.
The Winnebago Tribal Court may exercise personal jurisdiction over a non-resident individual or
the individual’s guardian or conservator if:
a.
The individual is personally served with a summons within the exterior boundaries of the
Winnebago Reservation;
b.
The individual submits to the jurisdiction of the Tribe by consent, by entering a general
appearance, or by filing a responsive document having the effect of waiving any contest
to personal jurisdiction;
c.
The individual resided with the child within the exterior boundaries of the Winnebago
Reservation;
d.
The individual resided within the exterior boundaries of the Winnebago Reservation and
provided prenatal expenses or support for the child;
e.
The child resides within the exterior boundaries of the Winnebago Reservation as a result
of the acts or directives of the individual;
f.
The individual engaged in sexual intercourse within the exterior boundaries of the
Winnebago Reservation and the child may have been conceived by that act of
intercourse; or
g.
There is any other basis consistent with the constitution or laws of the Tribe and the
United States for the exercise of personal jurisdiction.
The Tribal Court has the authority to punish for contempt, committed in or out of the Court’s
presence.
Whenever state, federal, and other tribal courts have jurisdiction over any of the matters provided
for in this Article, the Tribal Court shall have concurrent jurisdiction over the same matters, to the
extent consistent with federal law.
The limitations on jurisdiction contained in this Article are not intended to reflect the Winnebago
Tribe of Nebraska’s view as to the legally permissible limits of Tribal jurisdiction. [TCR 08-79]
12-506 Protection of Participants — Confidentiality of Case Records. The case records of the
Tribal Court and the Winnebago Tribe of Nebraska Child Support Enforcement Program concerning the
actions taken under this Article must be kept confidential except as provided in this Article. The Tribal
Court and the Winnebago Tribe of Nebraska Child Support Enforcement Program shall not release
information on the whereabouts of one party or the child to another party against whom a protective order
with respect to the former party or the child has been entered. The Tribal Court and the Winnebago Tribe
of Nebraska Child Support Enforcement Program shall not release information on the whereabouts of one
party or the child to another person if the Tribe has reason to believe that the release of the information to
that person may result in physical or emotional harm to the party or child. [TCR 08-79]
12-507
1.
2.
Authorized Release of Case Records and Other Information.
The use or disclosure of personal information received or maintained by the Three Affiliated
Division of Child Support Enforcement and the Winnebago Tribal Court shall be limited to
purposes directly connected with the Winnebago Tribe of Nebraska Child Support Enforcement
Program and the Winnebago Tribal Court or titles IV-A, XIX, and IV-E with the administration
of other programs or purposes prescribed by the Secretary in regulations.
Records, including case notes and correspondence, may be disclosed to the following persons and
entities, unless otherwise protected by this Section:
a.
WTN-CSEP Staff;
b.
Winnebago Tribal Court Judges;
c.
Winnebago Tribal Court Clerks and Court Administrator for filing purposes;
d.
Tribal Social Services agencies, including Tribal TANF;
5-6
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 5
e.
3.
States of Iowa and Nebraska IV-D employees directly connected with the administration
of Titles IV-D, IV-A, and XIX programs, as outlined in the cooperative agreements and
any addendums between the Winnebago Tribe of Nebraska and these states;
f.
A court having jurisdiction in parentage, support or abandonment proceedings or actions;
g.
The legal guardian, attorney, or agent of a child;
h.
An attorney requesting discovery as permissible under the laws of the Winnebago Tribe
of Nebraska; or
i.
An agency of the federal government or any other state or tribal child support
enforcement IV-D program engaged in the establishment of paternity, a child support
obligation, or the enforcement of support for a child in a case.
The WTN-CSEP and Winnebago Tribal Court may limit the information disclosed to persons,
agencies, and entities named in this Section to that information necessary to accomplish the
purposes for which it is requested or for which it is being disclosed. Nothing in this Section gives
these entities or persons the right to review or copy the complete case record. [TCR 08-79]
12-508 Penalty for Unauthorized Disclosure. Any person, including but not limited to any Tribal
employee, Tribal Court employees, and employees of the WTN-CSEP and Tribal TANF, who willfully
discloses otherwise confidential information related to an action to determine parentage, other than
expressly authorized and provided for under this Article, may be subject to a civil fine not to exceed five
hundred ($500.00) dollars in addition to any disciplinary actions authorized under the Tribal personnel
policies and procedures. Actions brought under this Section may be initiated by the filing of a sworn
statement of the alleged unauthorized disclosure. [TCR 08-79]
12-509 Attorney Represents Tribe’s Interest in the Enforcement of Child Support Obligations.
In any action brought to establish paternity, secure repayment of governmental benefits paid, to secure
current or future support of children, or establish, enforce, or modify a child support obligation, the
WTN-CSEP may employ or contract with a licensed attorney. An attorney so employed or contracted
represents the interest of the Tribe in the enforcement of child support obligations. Nothing in this
Section may be construed to modify confidentiality required of the WTN-CSEP. Representation by the
employed or contracted attorney may not be construed to create an attorney-client relationship between
the attorney and any party or witness to the action, other than the Tribe, regardless of the name in which
the action is brought. [TCR 08-79]
12-510 Notice. All parties to a proceeding under this Article shall receive written notice of the time
and place of a proceeding and shall receive written notice of their right to be heard at such a proceeding.
The Winnebago Tribe of Nebraska civil procedure laws are applicable to all child support cases unless a
more specific procedure is provided in this Article. [TCR 08-79]
ESTABLISHMENT & MODIFICATION OF CHILD SUPPORT
12-511 Duty to Support Children. Parents shall give their children support and education suitable to
the child’s circumstances. The Tribal Court may compel either or both of the parents to provide for the
support of their children by establishing a child support order upon an application of the Tribal child
support guidelines, adopted as Title 1C of the Winnebago Tribal Court Rules. [TCR 08-79]
12-512 Liability of Stepparent for Support. A stepparent is not bound to maintain the spouse’s
child(ren) unless the child is received into the stepparent’s family. If the stepparent receives the child into
the family, the stepparent is liable, to the extent of the stepparent’s ability, to support the child during the
marriage and so long thereafter as they remain in the stepparent’s family. Such liability may be enforced
against the stepparent by any person furnishing necessaries to such children. If the children are received
into the stepparent’s family and supported by the stepparent, it is presumed that the stepparent does so as
5-7
June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 5
a parent, in which case the children are not liable to the stepparent for their support, or the stepparent to
them for their services. The legal obligation of a natural or adoptive parent to support that person’s
children is not affected by the liability imposed upon their stepparent by this Section. [TCR 08-79]
12-513 Termination of Parental Rights — Duty of Support. A termination of parental rights does
not terminate the duty of either parent to support the child before the child’s adoption unless that duty is
specially terminated by order of the Court after notice of a proposed termination or relinquishment is
given to the Winnebago Tribe of Nebraska Child and Family Services in the manner appropriate for the
service of process in a civil action under the laws of this Tribe. A termination of a child support
obligation under this Section does not relieve a parent of the duty to pay any unpaid child support.
[TCR 08-79]
12-514
1.
2.
3.
4.
5.
6.
7.
Support for Children After Majority — Retroactive Application.
A judgment or order requiring the payment of child support until the child attains majority
continues as to the child until the end of the month during which the child is graduated from high
school or attains the age of nineteen years, whichever occurs first, if:
a.
The child is enrolled and attending high school and is eighteen years of age prior to the
date the child is expected to be graduated; and
b.
The child resides with the person to whom the duty of support is owed.
A judgment or order may require payment of child support after majority under the circumstances
described in subsection 1 of this Section.
The person to whom the duty of support is owed under either subsection 1 or 2 of this Section
may file an affidavit with the Tribal Court stating that the requirements of subsection 1 are met,
the school in which the child is enrolled, and the anticipated date of the child’s graduation. Upon
filing of the affidavit, the child support resumes pursuant to subsection 1 or pursuant to the terms
of a judgment or order described in subsection 2. A fee may not be charged for filing such an
affidavit.
The civil court clerk shall serve the affidavit by first-class mail upon the person owing the duty of
support. If at any time thereafter the person owing the duty of support files a motion with the
Tribal Court, supported by that person’s affidavit that the child is no longer enrolled in or
attending high school, the Court shall determine if the child is enrolled in and attending high
school and shall enter an order accordingly.
This Section applies to child support orders concerning children described in subsection 1 or 2 of
this Section, regardless of the date of entry of the order, provided that the affidavit described in
subsection 3 of this Section is filed not later than ninety days after the child graduates from high
school or reaches age nineteen, whichever occurs first.
This Section does not preclude the entry of an order for child support which continues after the
child reaches age eighteen, if the parties agree, or if the Court determines the support to be
appropriate.
For purposes of this Section, a child is treated as being in school during summer vacation if the
child was enrolled in and attending school and did not graduate from high school at the end of the
school period immediately preceding the summer vacation. [TCR 08-79]
12-515 Support by Tribe — Liability of Parent’s Estate. If a parent chargeable with the support of a
child dies leaving it chargeable upon the Tribe and leaving an estate sufficient for its support, the
WTN-CSEP, in the name of the Tribe, may claim provision for its support from the parent’s estate by
civil action, and for this purpose may have the same remedies as any creditor against that estate and
against the heirs, devisees, and next of kin of the parent. [TCR 08-79]
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June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 5
12-516 Allowance to Parent for Support of Child. The Tribal Court may direct an allowance to be
made to a parent of a child out of the child’s property for its past or future support and education on such
conditions as may be proper, whenever such direction is for the child’s benefit. [TCR 08-79]
12-517 Duration of Child Support Obligations. Unless dates for the commencement or termination
of a child support obligation are specified by the Tribal Court’s order, a judgment or order requiring the
payment of child support is effective as to the child in the month in which the order is signed and
continues until the end of the month in which the support obligation terminates. [TCR 08-79]
12-518
1.
2.
3.
4.
5.
6.
Periodic Review of Child Support Orders.
Each child support order must be reviewed by the WTN-CSEP no less frequently than thirty-six
months after the establishment of the order or the most recent amendment or review of the order
by the Tribal Court or WTN-CSEP unless:
a.
In the case of an order with respect to which there is in effect an assignment of the child
support for receipt of public assistance, the WTN-CSEP has determined that a review is
not in the best interests of the child and neither the obligor nor the obligee has requested
review; or
b.
In the case of any other order neither the obligor nor the obligee has requested review.
Each child support order, in which there is in effect public assistance or with respect to which
either the obligor or the obligee has requested review, must be reviewed by the WTN-CSEP if:
a.
More than twelve months have passed since the establishment of the order or the most
recent amendment or review of that order by the Court or the WTN-CSEP, whichever is
later; and
b.
The order provides for no child support and was based on a finding that the obligor has
no ability to pay child support.
If, upon review, the WTN-CSEP determines that the order provides for child support payments in
an amount that is inconsistent with the amount that would be required under the Winnebago
Tribal Court Rules of Tribal Child Support Guidelines, the WTN-CSEP may seek an amendment
of the order. If the order provides for child support payments in an amount less than eighty-five
percent of the amount that would be required by those guidelines, the WTN-CSEP shall seek an
amendment of the order.
If a child support order sought to be amended was entered at least one year before the filing of a
motion or petition for amendment, the Court shall order the amendment of the child support order
to conform the amount of child support payment to that required under the child support
guidelines, whether or not the motion or petition for amendment arises out of a periodic review of
a child support order, and whether or not a material change of circumstances has taken place,
unless the presumption that the correct amount of child support would result from the application
of the child support guidelines is rebutted. If a motion or petition for amendment is filed within
one year of the entry of the order sought to be amended, the party seeking amendment must also
show a material change of circumstances.
A determination that a child who is the subject of a child support order is eligible for public
assistance provided by any state or tribal government agency, constitutes a material change of
circumstances.
The availability of health insurance at reasonable cost to a child who is the subject of a child
support order constitutes a material change of circumstances. The need to provide for a child’s
health care needs, through health insurance or other means, constitutes a material change of
circumstances. [TCR 08-79]
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WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 5
12-519
1.
2.
12-520
1.
2.
12-521
1.
2.
3.
Notice of Periodic Review of Child Support Orders.
The WTN-CSEP shall provide written notice that a child support order being enforced by the
WTN-CSEP may be subject to review under Section 12-518. The notice may be sent by
first-class mail to the obligor and the obligee, at the addresses they have most recently provided
to the WTN-CSEP, at least thirty-five days before the commencement of the review.
The notice to the obligor must inform the obligor of the duty to furnish the information required
by Section 12-520 and that a failure to furnish the required information may result in the entry of
an order compelling the furnishing of the information. The notice must also inform the obligor
that the review determination will be mailed to the obligor following the review. The notice must
be accompanied by an income report form, together with instructions for the accurate completion
of the income report form. [TCR 08-79]
Obligor’s Duties Upon Review — Failure to Provide Information.
The obligor shall provide information to the WTN-CSEP concerning the obligor’s income, which
is sufficient to accomplish the review, no later than five working days before the date of review.
The information must be furnished by providing an income report, in the form and manner
required by the WTN-CSEP, accurately completed and attested to by the obligor, and earnings
statements secured from the obligor’s current income payer if the obligor changed employment
after the end of the latest income tax year for which the obligor filed a return, and providing:
a.
A verified copy of the latest income tax return, filed with the internal revenue service or
any state official administering a state income tax if the obligor pays state income tax,
which accurately reports the obligor’s income for a fiscal year ending no more than
seventeen months prior to the date of the review; or
b.
A written authorization by which the WTN-CSEP may secure a verified copy of the latest
income tax return, filed with the tax commissioner, which accurately reports the obligor’s
income for a fiscal year ending no more than seventeen months prior to the date of
review.
If the obligor has not produced information under subsection 1 of this Section concerning the
obligor’s income, sufficient to accomplish the review, the WTN-CSEP may base its review
determination on the assumption that the obligor’s income has increased at the rate of ten percent
per year since the child support order under review was entered or last modified. [TCR 08-79]
Notice of Review Determination.
Following review, the WTN-CSEP shall promptly provide written notice of its determination on
review. The notice may be sent by first-class mail to the obligor and the obligee, at the addresses
they have most recently provided to the WTN-CSEP.
If the WTN-CSEP has made a determination that no amendment to the amount of child support
should be sought, the notice must inform the obligor and the obligee of the right of each to
challenge that determination by seeking an amendment to the amount of child support, from the
Tribal Court, at any time before the termination of the support order.
If the WTN-CSEP has made a determination to seek an amendment in the amount of child
support, the notice must be mailed at least thirty-five days before the date of a hearing on a
motion for amendment made by the child support agency under Section 12-518, and must inform
the obligor and the obligee of the right of each to challenge that determination by opposing that
amendment before the Court. The notice to the obligor must be accompanied by:
a.
A proposed modification of the child support order to provide for payment of child
support in the amount required under the Winnebago Tribe of Nebraska Tribal Court
Child Support Guidelines;
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June 2025
WINNEBAGO TRIBAL CODE
TITLE 12 ARTICLE 5
b.
c.
A document by which the obligor may consent to the proposed modification; and
An address and telephone number that the obligor may use to receive information from or
schedule a meeting with the WTN-CSEP staff. [TCR 08-79]
12-522 Motion for Amendment of Child Support Order — How Made — Presumption When
Obligor’s Income Unknown.
1.
2.
12-523
1.
2.
Upon a determination by the WTN-CSEP, made under Section 12-518, that it may or must seek
amendment of a child support order, the WTN-CSEP may file and serve a motion and supporting
documents.
The Tribal Court may determine the motion based on the files, records, and evidence received in
consideration of the motion. If the WTN-CSEP certifies that, despite diligent efforts to secure
reliable information concerning the obligor’s income, the obligor has not produced such
information, and if the obligor provides the Tribal Court with no reliable evidence concerning the
obligor’s income, it is presumed that the obligor’s income has increased at the rate of ten percent
per year since the child support order was entered or last modified. [TCR 08-79]
Request For Review — Notice of Right to Request Review.
An obligor or an obligee may request review under Section 12-518, by applying to the
WTN-CSEP for child support services and indicating, in the manner there provided, a desire to
have a child support order reviewed. Each judgment or order issued by the Tribal Court which
includes an order for child support must include a statement advising of the right to request a
review under this Section.
If a party to a child support matter is receiving services from the WTN-CSEP and an order for
current child support has issued out of that matter, the WTN-CSEP shall provide notice of the
right to request a review or further review of that child support order, to the obligor and obligee,
not more than three years after the most recent child support order, review of that child support
order, or notice of right to request a review of that child support order. [TCR 08-79]
TRIBAL TANF AND ASSIGNMENT OF CHILD SUPPORT PAYMENTS TO THE WTN-CSEP
12-524
1.
2.
Recipients of Tribal TANF — Assignment of Support Payments.
If public assistance is provided by the Winnebago TANF Program to or on behalf of a dependent
child or a dependent child’s caretaker, there is an assignment by operation of law to the
Winnebago Tribal TANF Program of any and all rights in, title to, and interest in any support
obligation, payment, and arrearages owed to or on behalf of the child or caretaker, not to exceed
the amount of public assistance paid for or on behalf of the child or caretaker.
An assignment made to the Winnebago Tribal TANF Program is effective as to:
a.
Any current child support;
b.
Any accrued child support arrears, or the date the individual terminates assistance,
whichever is later; and
c.
Any accrued child support arrears collected under federal tax intercept. The WTN-CSEP
may contact a state IV-D
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