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Ponca Tribe of Nebraska Tribal Code

PTN Code § 10-7-1
Section 10-7-1. Relinquishment Generally

1. Any member of the Tribe may voluntarily relinquish his or her membership in the Tribe. Relinquishment of membership shall be accomplished by submitting a signed notice of relinquishment to the Enrollment Office executed and acknowledged before a notary public. The acknowledgment by the notary public shall be of the kind, under the law of the jurisdiction where notarized, which means:

(a) That the member who will actually be relinquishing membership is named as the relinquishing member on the notice of relinquishment;

(b) That the relinquishing member or person executing the notice of relinquishment on behalf of a minor or incompetent as provided in this Chapter personally appeared before the notary public on the date and in the jurisdiction identified in the notice of relinquishment;

(c) That the relinquishing member or person executing the notice of relinquishment on behalf of a minor or incompetent as provided in this Chapter signed the notice of relinquishment before the notary public;

(d) That the relinquishing member or person executing the notice of relinquishment on behalf of a minor or incompetent as provided in this Chapter signed the notice of relinquishment without coercion; and

(e) That the relinquishing member or person executing the notice of relinquishment on behalf of a minor or incompetent as provided in this Chapter is aware of the content of the notice of relinquishment.

2. The Enrollment Office shall not refuse a relinquishment of membership unless the Enrollment Office determines that:

(a) The relinquishing member is a minor or incompetent and the relinquishment was not submitted by a parent, legal guardian, or other individual with authority to act on behalf of the minor or incompetent as provided in this Chapter; or

(b) The relinquishment otherwise does not comply with the requirements of this Chapter.

3. Any refusal by the Enrollment Office to allow relinquishment shall be subject to appeal in accordance with the procedures of Chapter 9 herein. Nothing in this Section shall be construed as creating a right to appeal an acceptance of relinquishment by the Enrollment Office or to require approval of any relinquishment by the Enrollment Committee or Tribal Council.

(a) The Enrollment Committee may design, prepare, and approve forms that comply with the requirements of this Chapter for use in relinquishing membership. The Enrollment Committee may require the use of such forms for all relinquishments.

Ponca Tribe of Nebraska Code § 10-7-1, PTN Code § 10-7-1



PTN Code § 10-7-2
Section 10-7-2. Absolute or Conditional Relinquishment

1. Relinquishment of membership can be absolute or can be made conditional upon the relinquishing member's acceptance as a member of another tribe.

2. If a relinquishment of membership is conditional upon acceptance as a member in another tribe, the notice of relinquishment shall:

(a) Expressly state that it is conditional upon acceptance as a member in another tribe; and

(b) Specifically identify the other tribe in which the relinquishing member is seeking membership.

3. In the case of a conditional relinquishment, the relinquishing member shall be responsible for informing the Enrollment Office of:

(a) The status and progress of the relinquishing member's pending membership in the other tribe; and

(b) All actions taken regarding the relinquishing member's pending membership in the other tribe.

4. In the case of a conditional relinquishment, if the relinquishing member's membership in the other tribe is rejected or denied, the relinquishment shall be null and void and the relinquishing member shall remain a member of the Tribe and shall not be removed from the membership roll of the Tribe.

Ponca Tribe of Nebraska Code § 10-7-2, PTN Code § 10-7-2




PTN Code § 10-7-3
Section 10-7-3. Effective Date of Relinquishment

1. An absolute relinquishment of membership shall be effective immediately upon the date a proper notice of relinquishment is received by the Enrollment Office.

2. A conditional relinquishment of membership shall be effective immediately upon the date the relinquishing member is accepted as a member of the tribe identified in the notice of relinquishment.

3. No express action shall be required by the Enrollment Office, Enrollment Committee, or other department or body of the Tribe to make a relinquishment effective and the fact that the name of an individual who has validly relinquished membership remains on the membership roll of the Tribe shall not alter the effectiveness or validity of an otherwise valid relinquishment.

Ponca Tribe of Nebraska Code § 10-7-3, PTN Code § 10-7-3




PTN Code § 10-7-4
Section 10-7-4. Relinquishment by Minors and Incompetents

1. A minor's membership in the Tribe may only be relinquished by the minor's parent or legal guardian. Relinquishment on behalf of a minor may be absolute or conditional as provided in this Chapter. In addition to the other requirements of this Chapter, a relinquishment on behalf of a minor shall include:

(a) Proof that the individual submitting the relinquishment has legal custody of the minor;

(b) In the case of a notice of relinquishment submitted by a legal guardian:

(i) Proof that the person submitting the relinquishment has been granted permanent legal guardianship of the minor by a court with jurisdiction to grant such guardianship, such as the final order of the Court;

(ii) Any information regarding any limitations of the guardianship, if any, from the Court that granted the guardianship that is not included in the other proof required under this subsection; and

(iii) If parental rights to the minor have been terminated, proof that parental rights have been terminated;

(c) In the case of a natural parent or in the case of a legal guardian where parental rights to the minor have not been terminated, proof that each natural parent whose parental rights have not been terminated approves of the relinquishment; and

(d) A sworn statement that there is no pending or anticipated child custody proceeding involving the minor, whether a voluntary or involuntary proceeding and including foster care placement, adoptive placement, termination of parental rights, and divorce.

2. The membership in the Tribe of an incompetent individual may only be relinquished by the incompetent's legal guardian. Relinquishment on behalf of an incompetent may be absolute or conditional as provided in this Chapter, except that absolute relinquishment on behalf of an incompetent may only be made by order of the Tribal Court of the Ponca Tribe of Nebraska expressly finding that relinquishment of the individual's membership in the Tribe is in the individual's best interests. In addition to the other requirements of this Chapter, a relinquishment on behalf of a legal incompetent shall include:

(a) Proof that the individual has been declared incompetent by a court with jurisdiction to declare the individual incompetent;

(b) Proof that the person submitting the relinquishment has been granted permanent legal guardianship of the incompetent by a court with jurisdiction to grant such guardianship, such as the final order of the Court; and

(c) Any information regarding any limitations of the guardianship, if any, from the Court that granted the guardianship and that is not included in the other proof required under this subsection.

3. A minor's or incompetent's notice of relinquishment shall be signed by the parent or legal guardian submitting the notice of relinquishment to the Enrollment Office and shall otherwise comply with the provisions of this Chapter. Except where the provisions of this Section require otherwise, a notice of relinquishment submitted on behalf of a minor or legal incompetent shall be processed in accordance with the provisions of this Chapter as though filed by the minor or legal incompetent directly.

Ponca Tribe of Nebraska Code § 10-7-4, PTN Code § 10-7-4




PTN Code § 10-7-5
Section 10-7-5. Effect of Relinquishment

Upon the effective date of relinquishment, the name of the individual relinquishing his or her membership in the Tribe shall be removed from the current membership roll of the Tribe. Any person who has relinquished membership in the Tribe shall not, after the effective date of the relinquishment, be entitled to any benefits, whether individual or Tribal in nature, accruing to members of the Tribe as a result of their status as members of the Tribe.

Ponca Tribe of Nebraska Code § 10-7-5, PTN Code § 10-7-5




PTN Code § 10-7-6
Section 10-7-6. Enrollment of Previously Relinquished Members

1. Any person who has relinquished his or her membership in the Tribe pursuant to this Chapter shall not be eligible to be re-enrolled in the Tribe for a period of three (3) years from the effective date of the relinquishment and no application for re-enrollment shall be considered prior to that time.

2. An individual may be re-enrolled in the Tribe without regard to the three (3) year waiting requirement under the following circumstances:

(a) If the individual's membership was relinquished on his or her behalf when the individual was a minor and the individual has obtained the age of eighteen (18) on or before the date of application for re-enrollment; or

(b) If an individual's membership was relinquished on his or her behalf when the individual was declared incompetent and the individual has been determined to be competent on or before the date of application for re-enrollment.

3. In addition to any other requirement of this Section, an individual may only be considered for re-enrollment under the following circumstances:

(a) If the individual is currently a member of another tribe, the individual provides the Enrollment Office with proof of relinquishment of membership in the tribe in which they are currently enrolled; and

(b) The individual submits a new application for membership to the Enrollment Office under the same requirements and subject to the same procedures and conditions as those applicable to new members.

Ponca Tribe of Nebraska Code § 10-7-6, PTN Code § 10-7-6

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