[History: Tribal Act #89-777, enacted by Tribal Council on
November 18, 1989.]
The Grand Traverse Band of Ottawa and Chippewa Indians Tribal
Council hereby adopts and ratifies the following State of Michigan
statutes and Acts to authorize the Tribal Court of the Grand Traverse
Band to commit wards of the Court to the Department of Social Services
for placement and supervision:
MCL 400.201;
MSA 25.381;
MCL 712.A.2;
MSA 27.3178 (598.2);
MCL 803.301 (Y.R.A.);
MSA 25.399 (51);
MCL 400.55 (h);
MSA 16.455 (h);
82 PA 398;
74 PA 150.
[History: Tribal Act #97-15.432, enacted by Tribal Council
on February 25, 1997.]
Legislative Background: The preamble to the resolution adopting
the State of Michigan's Child Support Formula Manual reads as follows:
WHEREAS: The Grand Traverse Band of Ottawa and Chippewa Indians
(GTB) became federally recognized as an Indian Tribe having a government-to-government
relationship with the United States effective May 27, 1980 (see 45
Fed. Reg. 18321-322 (March 25, 1980)); and
WHEREAS: GTB is organized under a Tribal Constitution approved
by the Secretary of the Interior on March 29, 1988; and
WHEREAS: GTB has a full governmental Tribal Council currently
consisting of George E. Bennett, Tribal Chairman; Melvin Wilson, Vice
Chairman; Gregory Bailey, Treasurer; Joyce Duford, Secretary; John
McSauby, Councilor; Helen Paul, Councilor; and Michael Shananaquet,
Councilor; and
WHEREAS: Pursuant to Article IV, Section 1(a), of the Tribal
Constitution, the Tribal Council has the power to promote and protect
the health, education, and general welfare of the Tribe and its members;
and
WHEREAS: Pursuant to Part D of Title IV of the social security
act, 42 U.S.C. 651 to 669, 45 C.F.R. 300-399, and MCL 552-517 et al.,
and the Michigan Friend of the Court Act of 1982, State Court Administrative
Office's Friend of the Court Bureau have developed Michigan-based
"formula to be used in establishing and modifying...child support."
MCL 552.519(3)(a)(vi), consistent with Title IV(D); and
WHEREAS: Howe v. Ellen Becker, 796 F. Supp. 1276 (D.S.D. 1992),
8 F.3d 1258 (8th Cir. 1993) held that the State and the United States
Office of Child Support Enforcement must negotiate with Indian tribes
to implement a tribal plan consistent with Title IV(D) or in the alternative
negotiate cooperative agreements with Indian tribes concerning enforcement
of child support obligations; and
WHEREAS: Shomin v. Raphael, File No. 91-2853-DP, is currently
pending before the 13th Judicial Circuit Court for the County of Leelanau,
State of Michigan, on a motion to vacate filed by the putative father
based on the lack of subject matter jurisdiction; and
WHEREAS: The Tribal Council has filed a motion to intervene
as amicus party; and
WHEREAS: The Tribal Council recognizes the validity of defendant
putative father's motion and the holding in Howe; and
WHEREAS: The Tribal Council desires to adopt a Title IV(D) plan
consistent with the State of Michigan.
(a) The Tribal Council hereby adopts the Michigan Child Support Formula
Manual [M.C.S.F.M.], attached hereto, 1997, as the Tribal plan for
purposes of Title IV(D), 42 U.S.C. §§ 651 — 669.
(b) The Tribal Council directs that the rules of decision for purposes
of Tribal child support matters shall be governed by the guidelines
in M.C.S.F.M. (1997).
(c) Matters subject to the exclusive jurisdiction of the Tribal Court
under Title IV(D) actions shall be handled consistent with the policies
and procedures of the Michigan Friend of the Court.