Coushatta Tribe of Louisiana Judicial Codes
Approved: 1998; Last amended: 2004
RESOLUTION NO. 2004 - 03
Re: RESOLUTION AMENDING COUSHATTA TRIBE OF LOUISIANA MEMBERSHIP AND
ENROLLMENT ORDINANCE
WHEREAS, the Coushatta Tribe of Louisiana (the "Tribe") is a sovereign Indian Nation, recognized as such by the United States of America; and,
WHEREAS, the Coushatta Tribal Council is the duly elected governing body of the Coushatta Tribe of Louisiana; and,
WHEREAS, the Coushatta Tribal Council is vested with authority to establish procedures for the effective governance of the Tribe; and,
WHEREAS, pursuant to Section XI of the Membership and Enrollment Ordinance the Tribal Council has authority to make amendments to the ordinance during a regularly called meeting at which a quorum is present; and,
WHEREAS, the Coushatta Tribal Council has determined that it is in the best interest of the Tribe to amend the Membership and Enrollment Ordinance to provide for DNA or genetic marker testing as the exclusive evidence and documentation to prove a child is the biological child of tribal member fathers when evidence or documentation is required pursuant to Chapter V, D. "Documentation to accompany all applications";
NOW, THEREFORE BE IT RESOLVED, that the Membership and Enrollment Ordinance, Chapter V, D. Documentation to accompany all applications shall be and is hereby amended by repealing and adopting certain subsections of Section D. 3, as follows:
1) Section D. 3. (b), shall be repealed and stricken from the ordinance,
2) Section D. 3. (c), shall be repealed and stricken from the ordinance.
3) Section D. 3. (e), the following provision is adopted and shall be added to the ordinance: "Should there be any question or doubt by the Enrollment Department or Tribal Council as to the identity of the applicant's biological parent(s), then a DNA or genetic marker test shall be required, even though another section(s) or provision(s) of this ordinance may have otherwise been fulfilled."
BE IT FURTHER RESOLVED, that this amendment shall be effective on the date this resolution is adopted by the Tribal Council and this amendment shall be incorporated into all future publications of the Membership and Enrollment Ordinance.
CERTIFICATION
This resolution amending the Membership and Enrollment Ordinance was duly acted upon by the following Council Members at a regularly held council meeting on January , 2004 quorum present.
| /s/ LOVELIN PONCHO, Chairman |
/s/ |
| /s/ HAROLD JOHN, Secretary - Treasurer |
/s/ WILLIAM WORFEL, Member |
| /s/ DAVID SICKEY, Member |
|
AMENDMENT TO THE COUSHATTA TRIBE OF LOUISIANA MEMBERSHIP AND ENROLLMENT ORDINANCE
D. Documentation to accompany all applications - Since the burden of
proof is on the applicant, the application must be accompanied by the
following documentation:
Back to Table of Contents1 . Family tree chart, and
2. Applicant's original state-issued birth certificate and
3. If the applicant's natural mother was not a tribal member, or if the tribal blood of the father is required to establish eligibility, one of the following also must accompany the birth certificate:
(a) A marriage license showing that the applicant's mother was married to the tribal member father at the time of the birth.
OR (b) a notarized affidavit of paternity signed by both the applicant's mother and father.
OR (c) a court order or determination of heirship declaring a specific tribal member to be the natural father.OR (d) A DNA or genetic marker test (obtained at the applicant's sole expense) determining the probability that a specific tribal member is the natural father of the applicant to be not less than 97%.
(e) Should there be any question or doubt by the Enrollment Department or Tribal Council as to the identity of the applicant's biological parent(s) then a DNA or genetic marker test shall be required even though another section(s) or provision(s) of this ordinance may have otherwise been fulfilled.
4. Documentation proving the direct descent of each Coushatta Tribe of Louisiana ancestor from an enrollee of this tribe if neither the applicant's father nor mother is an enrolled member of the tribe.