Turtle Mountain Tribal By-Laws for Indian Children under I.C.W.A. covering children who do not...
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Indian Child Welfare Act Eligibility. If your child does not qualify for I.C.W.A. under blood quantum criteria, then there is another way to make I.C.W.A. apply to your child custody case.Turtle Mountain Band of Chippewa, North Dakota, already recognizes children born of enrolled members, even if they do not qualify under current B.I.A. guidelines for eligibility, the tribe has already passed a by-law stating all children born of at least an enrolled member being of first linear decent is automatically a member of the tribe throughout their childhood, however this information is not available online in it's interpreted entirety found under title 5 of the Turtle Mountain Child Code.I am someone going through this so I thought I would share this information with any other parents who need information to fight a child custody matter held up in the state courts.
Transcript of Turtle Mountain Tribal By-Laws for Indian Children under I.C.W.A. covering children who do not...
RESOLUTION NUMBER 50360295 OF THE DULY ELECTED AND GOVERNING BODY OF THE TURTLEMOUNTAIN BAND OF CHIPPEWA
the Turtle Mountain Bémd of Chippewa Indians, hereinafter referred to as the Tribe, is an unincorporated Band of Indians actingunder a. Constitution and Bylaws approved by the Secretary of the Interior on June 16, 1959, and amendments tháreto approvedApril. 26, 1962, April 3, 1975, October 25, 1990, June 26, 1992, January 22, 1993 and February 3, 1995, and
Article IX (a) Section l of the Turtle Mountain Constitution and by~laws empowers the Tribal Council with the authority torepresent the Band and to negotiate with the Federal, State and local governments and with private persons; and
WHEREAS,
the definition. ci Indian Child in the Children's code was amended by Resolution 57950844 to provide a more exact definition;and
WHEREAS,
there is a need to provide consistency and definition in all law; and
WHEREAS, like the Congress of the United States of America as provided for in the Indian Child Welfare Act, 35 USC §1901 et.seq., the Tribe recognizes their tribal children as their most valuable human resources; and
WHEREAS. the. Tribe wants to offer the utmost legal protection of tribal children, their most valuable human resource, both onand off their reservation; and
WHÈREEAS, the Tribe has 'the authority and right under the Constitution and
Bylaws and Federal law, to determine their membership; now
THEREFORE BE IT RESOLVED that: each child born to an enrolled member of the Turtle Mountain Band of ChippewaIndians, shall be a member of the Turtle Mountain Band of Chippewa during their childhood. Indian child shall bedefined in the Children's Code amended by Resolution No. 57950894. .
CERTIFICATION
I, the undersigned Tribal Secretary of the Turtle Mountain Band of Chippewa. Indiana, do hereby certify that the Tribal Councilis composed of nine (9) members of whom nine (9) constituting a quorum were present at a meeting called, convened, and held onthe 7th day of February, 1995, that the foregoing resolution was adopted by a vote of eight (8) in favor with the Chairperson notvoting.
CONCURRED :.
