Article III. Enrollment Process
§ 2-301 Application for membership.
A. The burden of applying for and proving the right to membership in the Tribe will be upon the applicant or the sponsor of the applicant.
B. The applicant or sponsor will request an application for membership from the Office of Enrollment. The Office of Enrollment will send one (1) envelope that:
1. Provides an application for membership form with instructions;
2. Notifies the applicant or sponsor of the requirement for DNA testing; and
3. Provides a list of potential fines to which the applicant or sponsor is subject as provided in this chapter.
C. The applicant or sponsor will submit an application packet consisting of the following:
1. A completed application for membership form, as developed and maintained by the Office of Enrollment.
2. The following additional documents or information:
a. An original birth certificate;
b. Copies of documents or other information sufficient to prove descendency from Article III, Section 1(a) of the Constitution;
c. Legible copy of Social Security card;
d. Applicable court orders concerning marriage, divorce, etc.; and
e. Applicable adoption orders and information.
D. Upon finding that a submitted application packet is incomplete, the Enrollment Officer shall attempt to notify the applicant or sponsor via telephone. If the application packet remains incomplete for two (2) business days following the attempted notification by telephone, the Enrollment Officer shall notify the applicant or sponsor via certified mail.
E. Initial Processing. Upon receipt of a complete application packet, the Enrollment Committee will process the application. Initial processing includes, but is not limited to, verification of submitted documents, verification of the applicant’s identity, and verification of whether the applicant is enrolled in another tribe.
F. DNA Test.
1. Upon successful initial processing the applicant or sponsor will be notified of the requirement for a DNA test to determine parentage.
2. Unless the applicant or sponsor elects to pay for the cost of the DNA test initially, the cost of the DNA test is initially paid for by the Tribe, but the applicant or sponsor must agree to reimburse the Tribe for the cost of the DNA test. Reimbursement to the Tribe for the cost of DNA testing shall be withheld from any future per capita distributions to which the applicant or sponsor may be entitled.
3. Official results of previously administered DNA testing that can be reviewed and verified by the Enrollment Committee shall satisfy the requirement for DNA testing.
4. Processing is complete upon conclusive DNA test results.
5. DNA test results remain the property of the Tribe and will be stored in accordance with Office of Enrollment procedures.
G. DNA Test Exemption. Any applicant or sponsor may request an exemption from DNA testing in the event of the unavailability of a parent. Any such request must be made to the Enrollment Committee. The Enrollment Committee may also require DNA testing with a different relative of the applicant if the Enrollment Committee determines that the applicant’s parent is unavailable and that such alternative testing is necessary and accurate.
H. When necessary, the Department of Indian Child Welfare may serve as the enrollment sponsor for any minor who is believed to be eligible for membership in the Tribe, who has a putative biological parent that is a member of the Tribe, and who is presently the subject of a state court dependency or guardianship case in which the Indian Child Welfare Act is implicated. The Department of Enrollment shall immediately order DNA testing for any minor for whom initial processing has been successfully completed and who is presently the subject of a state court dependency or guardianship case in which the Indian Child Welfare Act is implicated. In the event that said minor is confirmed by DNA testing to be the biological child of a member of Wilton Rancheria, the costs of DNA testing shall be a debt owed to the Tribe by the member parent, and the Tribe may recover the costs of DNA testing from any per capita distribution of said member. In the event that said minor is confirmed by DNA testing to be the biological child of two (2) members of Wilton Rancheria, the costs of DNA testing shall be a debt owed to the Tribe by the member parents, and the Tribe may recover the costs of DNA testing in equal shares from any per capita distribution of said member parents.
I. Any person or member who falsifies or knowingly submits false information on an application may be subject to a fine of not more than one thousand dollars ($1,000.00) imposed by an order of the Enrollment Committee or the Tribal Court. Any member aiding or abetting the preparation of false documents or conspiring to submit false information will be subject to the same fine of not more than one thousand dollars ($1,000.00).
J. Grounds for Denial of Application for Membership. Grounds for denial of an application will include:
1. Failure to prove descendency from Article III, Section 1(a) of the Constitution; or
2. The applicant is a member of another federally recognized Indian tribe. (Res. 2023-04; Res. 2019-47; Res. 2014-31; Res. 2013-16; Res. 2012-33)