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Turtle Mountain Tribal By-Laws For Indian Children Under I.C.W.A. Covering Children Who Do Not Qualify Under Blood Quantum Criteria.

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.
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0% found this document useful (0 votes)
385 views2 pages

Turtle Mountain Tribal By-Laws For Indian Children Under I.C.W.A. Covering Children Who Do Not Qualify Under Blood Quantum Criteria.

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.
Copyright
© Attribution Non-Commercial (BY-NC)
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WHEREAS,:theTurtleMountainBandofChippewaIndians,hereinafterreferredtoasvtheTribe,isanunincorporatedBand ofIndiansactingunderarevisedConstitutionandBylawsapprovedbytheSecretaryoftheInterioron June3.6,1.959.andamendmentstheretoapprovedApril26,1.962,April03, 1975,June26,1.992andJanuary22,1993nd WHEREAS.ArticleIX,{a}SectionSoftheTurtleMountainConstitutionandBylaws empowersthe'TribalCouncilwiththeauthoritytoenactordinances,subjecttothereviewoftheSecretaryofInterior,or:his dulyauthorizedrepresentative,governingconductofthemembersoftheTribeandIndiansfromothertribesonthereservation, providing'forthemaintenanceoflawandorderandtheadministrationofjusticeby ,establishingapoliceforceandatribal.courtanddefiningtheirpewesanddutiesandregulatingtheinheritanceofpropertyof themembersof theTribeexcepttrustlandand WHEREAS,theTribalCouncilpassedresolutionnumberadoptingaChildren'sCodeand WHERES,section5.0102(10)oftheChldren'sCodeprovidesdefinitionofanIndianchildand WHEREAS,thereisareasontoamendSection5.

0102(10)toprovideamoreexact definitionofanIndianchildand WEREFOREBEITRESOLVEDtheTribal,CouncilherebyapprovesamendmenttoSection 5.0102(16)oftheChldran'sCodeunder:Title5oftheTurtleMountainTribalCodetoreadasfollows: Indianchildmeansachildof"Indiandescent:whoisundereighteen(18) yearsofageand:(a)isenrolledoreligibleforenrollmentintheTurtleMountainBandof Chippewa.IndiansorotherrecognizedIndiantribeor(b)isofthefirstlineardescentofanenrolledmemberoftheTurtle MountainBandofChippewa.Indiansorotherrecognizedindiantribe CERTIFICATION I,theundersignedTribalSecretaryoftheTurtleMountainBandofChippewaIndians'doherebycertifythattheTribalCouncil iscomposedofnine(9)membersofwhom(6).constitutinga.quorumwerepresent:at:ameetingdulycalled,convened,andheld onthe22dayofAugust1990thattheforegoingresolutionwasadoptedbyanaffirmativevoteoffive(5)infavor,withthe Chairpersonnotvoting. CONCURRED:

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