Nottawaseppi Huron Band of the Potawatomi, MI Article VIII Relinquishment of Membership

§ 2.1-23 Relinquishment procedure.

A. An individual wishing to relinquish membership must submit a written, signed and notarized statement addressed to the Enrollment Office requesting that his/her name be removed from the membership roll.

B. Relinquishment will not be effective until such time as the Tribal Council takes official action at a regularly scheduled monthly meeting accepting the individual's relinquishment.

C. Any individual who has relinquished his/her membership with the Tribe under any prior enrollment code or other applicable law shall be banned from reapplying for enrollment for a period of ten (10) years from the date he/she relinquished his/her membership.

D. Relinquishments involving minors or incompetent persons:

(1) Membership of a minor or other incompetent person may be relinquished by the parents or legal guardian.

(2) All persons having legal guardianship or parental rights over any minor child must consent in writing to the relinquishment.

(3) In all cases involving an incompetent adult, the Tribal Council shall require the legal guardian making the request to obtain an order from the Tribal Court determining that the relinquishment is in the best interest of the incompetent person involved.

(4) In all cases involving a minor child in which all persons having legal guardianship or parental rights do not consent in writing to the relinquishment, the Tribal Council shall require the parent or guardian making the request to obtain an order from the Tribal Court determining that the relinquishment is in the best interest of the minor child involved.

(5) No relinquishment shall be granted for any child who is the subject of a "child custody proceeding" as defined in the Indian Child Welfare Act, 25 U.S.C. § 1903, or has been the subject of such a proceeding within the previous two (2) years; unless such relinquishment is for the purpose of enrolling the child in a different federally recognized Indian tribe for which the child would qualify for benefits not available to the child through enrollment with NHBP.

E. Any relinquished minor may reapply for enrollment upon reaching the age of 18 but prior to reaching the age of 30.

F. In any case in which a relinquishment has been approved for an incompetent adult, the individual may reapply for enrollment at any time in accordance with Article IV of this chapter:

(1) Upon application by such person's legal guardian; or

(2) By application of the individual upon presentation of a court order or other medical certification establishing his/her competency.

G. The Tribal Council may not refuse a competent member's request to relinquish his/her membership, if such person's request is supported by a written, signed and notarized letter making that request.