Committee: Rules Author: Diane Hammons/Richard Oshurn
Date: 10-16-06 Committee Date: 10-26-06 Sponsor: Cara Cowan Watts
Legislative Act 30-06
A LEGISLATIVE ACT AMENDING TITLE 10 OF THE CHEROKEE NATION CODE
ANNOTATED � PATERNITY; AMENDING SECTIONS 110 AND 117
BE IT ENACTED BY THE CHEROKEE NATION: SECTION 1. TITLE AND CODIFICATION
This act shall amend the "Paternity Act of 2005" and codified as Title 10, Sections 100 et seq., by adding Sections 105.1 and 113.1 and by amending Sections 110 and 117.
SECTION 2. PURPOSE
The purpose of this legislative act is to add Section 105.1 to require service on the Cherokee Nation Registrar for paternity actions which affect the rolls of the Cherokee Nation; amend Section 110 to prohibit assessment for birthing costs as an expense owed by the father of a child when birthing services are provided by the Indian Health Service; to add Section 113.1 to prohibit the use of default paternity orders as the basis for enrollment of a child in the Cherokee Nation; and to amend Section 117 by adding Subsection 1 I 7(C) to allow a male who acknowledged paternity prior to attaining the age of 18 to challenge that acknowledgement prior to attaining the age of 19.
SECTION 3. LEGISLATIVE HISTORY
LA 11-05 March 21, 2005
SECTION 4. SUBSTANTIVE PROVISIONS OF LAW
10 CNCA 105.1
In all actions to determine the paternity of a child, or of a person younger than age 19 in accordance with Subsection 104(E) of this title, that would affect the citizenship rolls of the Cherokee Nation, notice must be served on the Cherokee Nation Registrar at least thirty (30) days prior to the date of the hearing on the petition. Proof of that notice must be filed with the District Court prior to any hearing on the petition for determination of paternity. However, this section shall not apply to paternity actions brought by the Cherokee Nation.
10 CNCA �10(C)(1)
I. An individual who has been legally determined to be the father of a child pursuant to Section 104 of this title, or an individual who has been judicially or administratively determined to he the father of a child shall be ordered to pay all or a portion of the costs of the birth and the reasonable expenses of providing for the child, provided that liability for support provided before the determination of paternity shall be imposed for five (5) years preceding the filing of the action. Provided, no birthing costs shall be assessed to the father if birthing services were provided by Indian Health Services unless Federal law or regulations provide otherwise.
I 0 CNCA �
Any administrative or court order of any jurisdiction determining the paternity of a child which is entered due to the failure to appear or answer by the alleged father and in which no presumption of paternity exists in accordance with Sections 100 or 100.1 of this title, and which is not support by genetic testing meeting the requirements of �of this title, shall not be used as the sole basis for eligibility for citizenship in the Cherokee Nation.
10 CNCA �I 17(C)
A person signing an affidavit of paternity prior to attaining the age of 18 years shall be allowed to challenged said affidavit in Cherokee Nation District Court. A petition challenging the paternity affidavit must be filed by the person who acknowledged paternity prior to his nineteenth birthday. A challenge must be supported by DNA testing and the standard for proving paternity shall be the same as that found in Section 121 of this Title.
SECTION 5. PROVISIONS AS CUMULATIVE
The provisions of this act shall be cumulative to existing law.
SECTION 6. SEVERABILITY
The provisions of this act are severable and if any part of provision hereof shall he held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.
SECTION 7. EFFECTIVE DATE
The provisions of this act shall become effective thirty (30) days from and after the date of its passage and approval.
SECTION 8. SELF-HELP CONTRIBUTIONS
To the extent that this Act involves programs or services to citizens of the Nation or others, self-help contributions shall be required, unless specifically prohibited by the funding agency, or a waiver is granted due to physical or mental incapacity of the participant to contribute.
Enacted by the Council of the Cherokee Nation on the 13th day of November, 2006.
Meredith A. Frailey, Speaker Council of the Cherokee Nation
ATTEST: Don Garvin, Secretary Council of the Cherokee Nation
Approved and signed by the Principal Chief this 20th day of NOVEMBER, 2006 .
Chadwick Smith, Principal Chief Cherokee Nation
ATTEST: Melanie Knight, Secretary of State Cherokee Nation
YEAS AND NAYS AS RECORDED:
Audra Smoke-Conner YEA Meredith A. Frailey YEA
Bill John Baker YEA John F. Keener YEA
Joe Crittenden YEA Cara Cowan Watts YEA
Jackie Bob Martin YEA Buel Anglen YEA
Phyllis Yargee YEA William G. Johnson YEA
David W. Thornton, Sr. YEA Charles "Chuck" Hoskin YEA
Don Garvin YEA Taylor Keen YEA
Linda Hughes-O'Leary YEA Jack D. Baker YEA
Melvina Shotpouch YEA
Cherokee Nation
Act/Resolution Proposal Form
X Act Resolution
TITLE: A Legislative Act Amending Title 10 of the Cherokee Nation Code Annotated � Paternity; Amending Section 110 and 117
Department Contact: Diane Hammons/Richard Osburn
Resolution Presenter: Diane Hammons Council Sponsor: Cara Cowan Watts NARRATIVE:
(See Attached Outline for Information Needed)
The purpose of this legislative act is to add Section 105.1 to require service on the Cherokee Nation Registrar for paternity actions which affect the rolls of the Cherokee Nation; amend Section 110 to prohibit assessment for birthing costs as an expense owed by the father of a child when birthing services are provided by the Indian Health Service; to add Section 113.1 to prohibit the use of default paternity orders as the basis for enrollment of a child in the Cherokee Nation; and to amend Section 117 by adding Subsection 117(C) to allow a male who acknowledged paternity prior to attaining the age of 18 to challenge that acknowledgement prior to attaining the age of 19.
ADMINISTRATIVE CLEARANCE:
Program/Project Manager:
Signature Date
Department Director:
Signature Date
Group Leader:
Signature Date
Finance Approval (if needed):
Signature Date
Government Resources Group:
Administration Approval:
LEGISLATIVE CLEARANCE
Legislative Aide:
Signature/Initial Date
Standing Committee:
Next Meeting Date
Chairperson:
Signature/Initial Date
Returned to Presenter:
Date
RECEIVED OL 1 1 2 2006
GOVERNMENT RESOURCES