Chitimacha Comprehensive Codes of Justice and Chitimacha Indian Tribal Court "Rules of Court"

SECTION 1. AUTHORITY

This Enrollment Ordinance is enacted pursuant to the authority contained in Article III, Section 4, of the Constitution of the Chitimacha Tribe of Louisiana.

(Created by Ordinance # 10-93; Adopted: September 7, 1993; Effective: February 4, 1994; Added by Resolution CHI-TC #3-95 on January 19, 1995)

SECTION 2. ENROLLMENT ELIGIBILITY

The following persons are eligible for membership in the Chitimacha Tribe of Louisiana.

(A) All persons whose names appear on either;

1. the 1926 Annuity Pay Roll Claim 374514, or

2. the 1959 revised census roll

(B) All lineal descendants of persons on the rolls referenced in Section 2(A), who possess at least one-sixteenth (1/16) degree Chitimacha Indian blood; and

(C) Any child of one-sixteenth (1/16) degree or more Chitimacha Indian blood born to any enrolled member of the Tribe after September 14, 1970.

(Created by Ordinance # 10-93; Adopted: September 7, 1993; Effective: February 4,1994; Added by Resolution CHI-TC #3-95 on January 19, 1995)

SECTION 3. DETERMINING DEGREE OF CHITIMACHA BLOOD

(A) For the purpose of computing the blood quantum in determining eligibility for tribal membership, the degree of Chitimacha blood, of the applicant's ascendants listed on the 1926 Annuity Pay Roll Claim 374514 or, the 1959 revised census roll shall be used.

(Created by Ordinance # 10-93; Adopted: September 7, 1993; Effective: February 4, 1994; Added by Resolution CHI-TC #3-95 on January 19, 1995)

SECTION 4. APPLICATIONS FOR ENROLLMENT

(A) Application forms may be obtained upon oral or written request from the Chitimacha Tribal Enrollment Office, Charenton, Louisiana.

(B) Applications for minors or incompetents shall be filed by their Chitimacha parent(s) or a member of the immediate family who is an enrolled member of the tribe, acting as their sponsor.

(C) All applications for Tribal membership shall contain the following items:

(1) Date of Application.

(2) Party's name, address and phone number completing application, if other than person seeking enrollment, and their relationship to same.

(3) The name, address, phone number and alleged degree of Chitimacha blood of applicant.

(4) Applicant's date of birth, place of birth, natural Mother's and Father's name.

(5) All the names by which the applicant is known.

(6) The name of any other Tribe for which the applicant may be either eligible for or currently enrolled with, along with the degree of blood quantum of that Tribe.

(7) The signature of the applicant or sponsor.

(8) An ancestral chart with the names of all Chitimacha ancestors whose names may appear on the 1926 Annuity Roll and/or the 1959 Census Roll, together with the names of all other Chitimacha ancestors subsequent to those Rolls and the birth of the applicant.

(9) A certified copy of the applicant's birth certificate.

(10) In cases where the applicant is claiming descendancy through a parent whose name does not appear on the original birth certificate, or if such evidence is unavailable, the following documentation must be presented:

(a) An Affidavit (Acknowledgment) of Paternity signed by both natural parents if the application is filed within the first six months following the birth of the child, or

(b) An Affidavit (Acknowledgment) of Paternity signed by both natural parents along with legal documentation of DNA testing proving paternity, if it has been more than six months since the birth of the child. It will be the responsibility of the parents to provide this documentation at their own expense, or

(c) In cases where one or both of the natural parents are deceased, an Affidavit can be executed on behalf of the applicant by an enrolled member of their immediate family, who can also provide legal documentation proving paternity.

(11) Any other documentary evidence by which membership is claimed.

(12) In all cases where the applicant's mother is not a member of the Tribe or is a member of another Indian tribe and the applicant is claiming eligibility for enrollment based on the status of his/her father as an enrolled member of the Tribe with at least 1/8 Chitimacha blood, in addition to the information required by §4(C)(1)-(9),(11), the applicant must submit legal documentation of DNA testing proving paternity. This requirement applies even where the original birth certificate lists the father or where the birth certificate is unavailable. The Tribe will pay the costs of one DNA test per applicant.

(D) In the event the Enrollment Office determines an application to be incomplete, the applicant or the party applying on their behalf shall be notified so that the required documentation can be provided.

(Created by Ordinance # 10-93; Adopted: September 7, 1993; Effective: February 4,1994; Added by Resolution CHI-TC #3-95 on January 19, 1995; Revised by Ordinance #5-01; Adopted: December 18, 2001; Effective: November 8, 2002)

SECTION 5. DETERMINATION OF ENROLLMENT

(A) The Enrollment Office shall review for accuracy all applications according to the criteria as set forth in this ordinance and compute the degree of Chitimacha blood of the applicant.

(1) If the Enrollment Office determines the application is accurate and all criteria for enrollment has been met and sufficiently documented, it shall be submitted along with an Action of Enrollment and Degree of Chitimacha Blood to the Tribal Council for their consideration. If the action is approved, the documents shall be executed by the Chairman and Secretary/Treasurer with the Tribal seal endorsing same. The applicant shall then be notified of the Tribal Council's decision by the Enrollment Office, confirming that they have been approved for membership in the Chitimacha Tribe of Louisiana and shall be eligible to enjoy all the rights and privileges thereof.

(2) If the Tribal Council determines that the application for enrollment does not meet all the required criteria or that the information supplied is inaccurate, the Enrollment Office shall notify the applicant or the party applying on their behalf that the application has been rejected. Said notice shall be sent certified/restricted mail, return receipt requested, and shall include a statement of the reasons for rejection and notice of the right to seek reconsideration of the Council's decision.

(B) Any person whose application is rejected may, within thirty (30) days of the date of receiving the notice of rejection, submit a request for reconsideration of the decision, together with any supporting evidence or material, to the Tribal Council. In deciding the request for reconsideration, the Tribal Council shall base its decision solely upon documentary evidence presented with the application and the request. If the Council determines that the applicant is qualified for membership, the applicant shall be notified, and thereafter be a member of the Chitimacha Tribe of Louisiana, and eligible to enjoy the rights and privileges thereof. Otherwise, the rejection of the application shall stand, and the applicant shall be so notified by certified/restricted mail, return receipt requested. The decision of the Tribal Council shall be final and conclusive.

(Created by Ordinance # 10-93; Adopted: September 7,1993; Effective: February 4,1994; Added by Resolution CHI-TC #3-95 on January 19, 1995)

SECTION 6. LOSS OF MEMBERSHIP

(A) Any adult member of the Chitimacha Tribe may voluntarily relinquish his or her membership. However, the membership of any minor member of the Chitimacha Tribe can only be relinquished by his or her Chitimacha parent(s), guardians) or an enrolled member of the immediate family of the minor, who can show just cause for the relinquishment. In addition, verification of legal custody must be supplied along with written approval of both natural parents or legal guardians.

(1) A request for relinquishment must be in writing and executed before a notary and two witnesses.

(2) The relinquishment shall become effective upon approval by the Tribal Council, documented by a resolution.

(3) Relinquishment of Tribal membership by an adult shall be final. However, a minor whose membership has been relinquished by his or her parent or other sponsor may reapply for membership after reaching the age of eighteen (18).

(B) A tribal member who is found by the Chitimacha Trial Court, acting pursuant to the procedures established in Title IV, Chapter 5, Section 501-et seq. of the Chitimacha Code of Justice to have been erroneously enrolled or not now eligible for tribal membership pursuant to the Tribe's membership criteria, shall be subject to disenrollment by the Tribal Council.

(1) Such member shall be notified by certified/restricted mail, return receipt requested, of the Council's intent to disenroll. Included in the notice shall be the date set for a hearing before the Council to consider the matter, which date shall be not less than twenty (20) days from receipt of the notice, and a copy of the Trial Court's Findings of fact. Following the hearing, irrespective of whether the affected member makes any appearance or response, the Council shall determine if the member shall be disenrolled.

(2) The decision of disenrollment by the Council is final and conclusive. The decision shall be documented in a resolution.

(C) Under no circumstances shall the Tribal Council exhume or cause to be exhumed a person's body to verify information related to enrollment. This provision does not alter any person's right to undertake an exhumation in accordance with all other appropriate laws.

(Created by Ordinance # 10-93; Adopted: September 7,1993; Effective: February 4,1994; Added by Resolution CHI-TC #3-95 on January 19,1995; revised by Ordinance #5-01; adopted: December 18, 2001; Effective: November 8, 2002)

SECTION 7. RECORDS

(A) The Enrollment Office shall maintain a list of persons whose applications are granted according to the criteria set forth above.

(B) The Enrollment Office shall establish a file for each tribal member that shall contain information regarding such person's enrollment in the Tribe.

(C) A tribal member's enrollment file may be updated upon receipt of appropriate documentation of the following:

(1) name change;

(2) address change; or

(3) death

The following documentation is deemed adequate for such actions to be taken:

(1) Marriage License

(2) Divorce Decree

(3) Court Order changing name

(4) Death Certificate

(5) Obituary Notice from newspaper

(6) In the event of an address change: a written statement signed by the tribal member, but if a minor, by his/her parents) and/or legal guardian(s).

(Created by Ordinance # 10-93; Adopted: September 7,1993; Effective: February 4, 1994; Added by Resolution CHI-TC #3-95 on January 19, 1995)

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