A.
Any individual who supplies information about himself or herself
and his or her family shall be informed in advance of the use(s) of
the information requested. In addition, he/she shall be informed of
any possible consequences of not supplying the requested information.
B.
At minimum, the notice to the individual must state:
(1)
The authority by which the information is requested and that the
disclosure of such information is voluntary;
(2)
That the principal purpose of such information is to determine his/her
eligibility and/or the eligibility of his/her child(ren);
(3)
To determine his/her eligibility and/or his/her child(ren) for state
or federal government benefits which may be available;
(4)
The effect on him or her and on his or her child(ren), if any, of
not providing all or part of the information requested by the Enrollment
Office or Enrollment Committee;
(5)
The policies and procedures to keep such information confidential
and the procedure for authorizing disclosure of information to third
parties to access such information under this chapter.
A.
Persons authorized to review records. Unless disclosure to a particular person or persons is authorized pursuant to § 2.1-34, records contained in individual enrollment files may only be handled and reviewed by the following persons:
(1)
The Enrollment Office;
(2)
Members of the Enrollment Committee;
(3)
Members of the Tribal Council but only when meeting in executive
session to consider a recommendation to approve the enrollment of
a particular applicant or request for relinquishment;
(4)
Legal counsel as requested by the Tribal Council, Enrollment Committee
or Enrollment Office.
B.
Handling records. Employees or members of the Committee and Tribal
Council whose duties require handling of records subject to this chapter
shall, at all times, take care to protect the integrity, security
and confidentiality of these records.
C.
Calculating blood quantum. Enrollment Office staff shall be authorized
to calculate degree of Indian blood or blood quantum for enrolled
members for purposes of establishing eligibility for benefits under
any program, tribal, federal or state, wherein such an accounting
is required. The process for this calculation shall be stated in the
Enrollment Office's policies and procedures.
A.
Disclosure prohibited. No records contained in individual member's
enrollment files may be disclosed by any means of communication to
any person or agency except pursuant to a written request by, or with
the prior written consent of, the individual to whom the record pertains.
B.
Specific exceptions. The prohibition contained in Subsection A does not apply where the record would be:
(1)
To the Bureau of the Census for purposes of planning or carrying
out a census or survey or related activity pursuant to the provisions
of Title 13 of the United States Code.
(2)
To a recipient who has provided the Enrollment Office advance adequate
written assurance that the record will be used solely as a statistical
research or reporting record, and the records are to be transferred
in a from that is not individually identifiable.
(3)
To a person pursuant to a showing of compelling circumstances affecting
the health or safety of an individual if upon such disclosure notification
is transmitted to the last known address of such individual.
(4)
Pursuant to the order of the Tribal Court upon a showing of good
cause.
(5)
To a tribal or state court or child welfare agency to the extent
needed to determine if a child involved in a child protective proceeding
is subject to the Indian Child Welfare Act.
(6)
To a tribal program or department where the purposes of the request
is for tribal governmental purposes.
(7)
To a contractor performing specific services for a tribal program
or department to the extent necessary to further a tribal governmental
purpose; provided that any contractor shall be required to execute
a unilateral nondisclosure and confidentiality agreement in a form
approved by the Band's legal counsel.
(8)
To the extent permitted or required by intergovernmental agreements
entered into by the Band, including administration of the Tribal-State
Tax Agreement.
(9)
An agency or school for the limited purpose of verifying enrollment
or blood quantum to qualify for scholarships, grants, and or other
school aid or assistance. This includes verifications for eligibility
for the Michigan Indian Tuition Waiver.
A.
The Enrollment Office shall establish procedures to account for all
instances in which records contained in an individual member's
enrollment file is disclosed and standards and procedures for responding
to requests for access to records contained in enrollment files.
