Resolution No. 055-92
WHEREAS, the Grand Ronde Tribal Council, pursuant to Article III, Section I of the Tribal Constitution approved November 30, 1984 by the Acting Deputy Assistant Secretary of the Interior, Indian Affairs, is empowered to exercise all legislative and executive authority not specifically vested in the General Council of the Confederated Tribes of the Grand Ronde Community of Oregon; and,
WHEREAS, the Tribal Council recognizes the need to expand the authority of the Tribal Court and provide additional services to Tribal members and residents of Tribal reservation lands, by establishing procedures through the Tribal Court for individuals to legally change their name and/or obtain birth certification; and
WHEREAS, the Tribal Council recognizes that the establishment of such procedures to be in the best interest of the Tribe and its membership,
NOW THEREFORE BE IT RESOLVED, the Grand Ronde Tribal Council approves the Name Change/Birth Certification Ordinance for the Confederated Tribes of Grand Ronde.
CERTIFICATION: The Tribal Council for the Confederated Tribes of the Grand Ronde Community of Oregon adopted this resolution at a regularly scheduled meeting, with a quorum present as required by the Grand Ronde Constitution held on September 30, 1992 by a vote of 6 yes, 0 no, and 0 abstentions.
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Mark Mercier, Tribal Chairman
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Candy Robertson, Secretary
(a) AUTHORITY AND PURPOSE: The purpose of this Ordinance is to provide the means for Tribal members to petition the Tribal Court to order a name change and/or birth certification.
(b) DEFINITIONS: For purposes of this Ordinance, the following definitions shall apply:
(c) JURISDICTION: Any Tribal member or resident of the Tribe's reservation may apply to the Tribal Court for a Change of Name or Birth Certification for themselves or their child(ren). The Court shall grant the application if the requirements of this Ordinance are met.
(d) PETITION AND CONTENTS OF PETITION: All applications for Change of Name must be made to the Tribal Court by petition signed by the applicant. If the petition is for a person under 18 years of age, it must be signed by one (1) of the parents or legal guardian if the parents are deceased or have been deprived of custody by a court of competent jurisdiction.
The petition shall include the following: (1) Place of birth and residence, (2) Present name, (3) Name proposed, and (4) Reason for the Change of Name. If neither parent is living, the petition shall also name the nearest known relatives of the first degree and their place of residence. If the person is under 18 years of age, and the petition is signed by only one parent, it must include the address, if known, of the other parent.
The petition shall also state whether the person has petitioned and been granted a Change of Name, by the Tribal Court, within the past twelve (12) months.
At the time of filing, any Tribal member or Resident over 18 years of age shall provide the Clerk of the Court with at least one of the following in order to verify their age: (1) Certified copy of a birth certificate; (2) valid driver's license; (3) unexpired passport, (4) certified copy of a baptismal certificate, or (5) Tribal Identification Card; or if none of the above is available, (6) an affidavit witnessed by the Enrollment Committee. Tribal enrollment shall be verified by the Enrollment Officer.
The Clerk of the Court shall direct the applicant to serve a copy of the Notice of Name Change on all creditors and any former spouse to whom an obligation exists under a Decree of Divorce, within 21 days. Additionally, in the case of a minor, the applicant will provide four (4) weeks written notice to the child's parents, and legal guardian if any. Proof of service shall be filed with the Court in accordance with any method specified for the service of a complaint under Rule 14(c) and (d) of the Court Rules of Pleading, Practice and Procedure of the Tribal Court of the Confederated Tribes of Grand Ronde.
(e) ORDER GRANTING PETITION: After the filing of the petition, proof of service and verifying the age of the applicant, the Tribal Court shall issue an Order granting the request for a Change of Name, unless the notice appears faulty or an objection is filed under section (i).
The Clerk of the Court shall cause the Order to be published in the next edition of the Tribal Newsletter and provide a certified copy of the Order to the Oregon Registrar of Vital Statistics. If the applicant was born in a state other than Oregon, the Clerk of the Court shall provide a certified copy of the Order to the Registrar of Vital Statistics in the state in which the applicant was born.
(f) NOTICE TO TRIBAL ENROLLMENT OFFICE: Upon issuance of the Order, the Clerk of the Court shall submit a certified copy to the Tribal Enrollment Office to be placed in the appropriate Tribal member's file. The Enrollment Office shall change the name on the file to the new name of the Tribal member. The Tribal member shall surrender all old Tribal identification cards. The Enrollment Office shall then issue new Tribal Identification cards showing the new name of the Tribal member as stated in the Order.
(g) FAULTY NOTICE: The Tribal Court may order any correction in a Notice of Proposed Change of Name and any addition to a list of creditors to be notified that it may deem necessary. If the Court has reason to believe that any creditor has not been notified, it may order the applicant to file a credit report with the Court at the applicant's expense. In the event the Tribal Court orders corrections or additions, the notice period shall begin upon the applicant's sending to the Court copies of the corrected notice or proof of service.
(h) MINORS - ORDER TO SHOW CAUSE: When a petition by a minor is filed, the Court shall issue an Order reciting the filing of the petition, the name of the person for whom filed and the proposed name. The Order shall direct any parent, guardian or relative of the first degree interested in the matter to appear before the Court, at a time and place specified not less than four (4) nor more than eight (8) weeks from the date of the Order, to show cause why the petition for Change of Name should not be granted.
If the parents are deceased, or have not consented to the Change of Name, the person shall cause a copy of the Order to Show Cause to be published in the Tribal Newsletter and/or such other newspaper of general circulation as the Court shall prescribe. Proof must be made to the satisfaction of the Court of such publication at the time of the hearing.
(i) HEARING: A petition filed on behalf of a minor shall be heard at such time as the Court may set. Objections may be filed by any interested person specified in section (h). At the hearing, the Court may examine under oath, the minor child, petitioner, objectors, or others who have demonstrated an interest in the petition. The Court may exclude from any conference with the child, all other persons except a representative of the parents or legal guardian if it finds that to do so would be in the best interests of the child.
The Court shall then issue an Order Changing the Name or dismissing the application, as deemed just and proper based on evidence presented. In all cases, the Court shall act in the best interests of the minor.
(j) AUTOMATIC CHANGE OF NAME: An adult Tribal member or resident may change their married name back to their birth name at any time without applying to the Tribal Court or providing notice to creditors and former spouse.
(k) FREQUENCY: The Tribal Court shall grant no more than one (1) Change of Name per year every other year to any individual.
(l) BIRTH CERTIFICATION: Upon request the Tribal Court is authorized to issue certification of the Tribal Member or Resident's minor child's birth date, name and Indian blood quantum. This information certified by the Court shall be deemed valid by all Tribal officials and personnel for all Tribal purposes.
(m) VERIFICATION: The Tribal Court shall verify the information with the Tribal Enrollment Office before issuing the certification.
(n) FEES: The Tribal Court shall establish fees for obtaining a Change of Name and Birth Certification.
I certify this to be a true copy of the Confederated Tribes of Grand Ronde Name Change/Birth Certification Ordinance.
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Tribal Council Secretary