Authority of Grand Traverse Band, MI Adoption of Certain Michigan Statutes

[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.