4.05.060 Determination of Indian blood.
(a) Computation. The degree or quantum of Indian blood of an applicant shall be determined by adding one-half the degree of Indian blood of each parent. In the event of a conflict among the roll schedules and enrollment resolutions as to an individual’s degree of Indian blood, the most recent Tribal resolution regarding enrollment or Indian blood degree possessed shall control.
(b) Married Parents. Where the biological mother of the applicant was married prior to the applicant’s birth, there shall be a rebuttable presumption that the mother’s husband at the time of the applicant’s conception is the biological father of the applicant. The presumption may be rebutted by a preponderance of evidence.
(c) Unmarried Parents. Where the biological mother of the applicant was not married prior to the applicant’s birth, the applicant’s birth certificate showing the name of the claimed or stated father, or a statement signed by the applicant’s biological mother naming the father of the applicant or both, shall not be sufficient to establish paternity. The Indian blood degree of the biological father of the applicant may be used to compute the applicant’s Indian blood degree when there is proof of paternity, which may include the following:
(1) Sworn affidavit signed by the father; or
(2) Birth certificate signed by the father himself; or
(3) Decree issued by a court of law of competent jurisdiction establishing paternity of the child; or
(4) Blood test results that are legally acceptable to confirm that the alleged parent is the biological parent of the applicant.
(d) Blood Degree Corrections.
(1) Standing, Parties. Only the following may apply to increase or decrease any blood degree presently listed on the roll: Any member who desires to have their own blood degree, as listed on the roll, corrected; provided, that in this subsection “member” shall mean the parent or legal guardian of any minor or incompetent member. Where a decrease is proposed the Committee shall endeavor to determine whether any other members will be affected by the correction.
(2) Standard of Proof. In all proceedings regarding blood degree corrections, the person seeking a blood degree correction shall be required to prove by clear and convincing evidence that a blood degree other than that listed on the roll, for the person whose blood degree is at issue, is the correct blood degree to be listed on the roll.
(3) Procedure. Requests to make a blood degree correction shall be initiated by filing an application and proceedings shall be handled pursuant to YTC 4.05.090. Such applicants shall clearly indicate that “blood degree correction” is the action requested. Affected members, as determined by the Committee, shall be sent copies of the application by personal service or registered mail and shall be given 30 days to indicate in writing whether they intend to become participants in the proceedings regarding the proposed blood degree correction. Participants who timely respond to the notice shall be given an additional 30 days to present to the Committee any written evidence or argument regarding the proposed change.
(4) Copies. An explanation of the subject blood degrees, before and after a correction, shall be contained in the Council resolution on the matter. Copies of resolutions changing a blood degree shall be submitted to the Bureau of Indian Affairs in a timely manner in order that Bureau blood degree certifications conform with Tribal records. [Ord. 1 § 6, adopted, 7/20/1994.]