Tribal Issues

This TRIBAL ISSUES CHAPTER covers special laws and programs that are available to or affect tribal members, including tribal enrollment and ID cards, housing programs, public benefits, and the Indian Child Welfare Act (ICWA).

DISCLAIMER – YOUR RESPONSIBILITY WHEN USING THIS GUIDE: When putting together the Roadmap to Reentry: A California Legal Guide, we did our best to give you useful and accurate information because we know that people who are currently or formerly incarcerated often have difficulty getting legal information, and we cannot provide specific advice to every person who requests it. The laws change frequently and are subject to differing interpretations. We do not always have the resources to make changes to this material every time the law changes. If you use information from the Roadmap to Reentry legal guide, it is your responsibility to make sure whether the law has changed and applies to your situation. If you are incarcerated, most of the materials you need should be available in your institution’s law library. The Roadmap to Reentry guide is not intending to give legal advice, but rather legal information. No attorney-client relationship is created by using any information in this guide. You should always consult your own attorney if you need legal advice specific to your situation.

What will I learn?

    Requirements for tribal enrollment and basic application procedures.Process for obtaining a tribal ID.Requirements for registering as a sex offender with your tribe. Tribal housing options, eligibility factors, and how to apply. Specific tribal benefits programs: Eligibility and services provided under the Indian Health Service and Tribal TANF, and how Tribal income impacts eligibility for social security benefits. Indian Child Welfare Act: When it applies and what it requires.
  1. Introduction

    1. What is a federally-recognized tribe?
    2. What is the relationship between tribes and the U.S. and state governments?
    3. What is the Bureau of Indian Affairs (BIA)?
  2. Tribal Enrollment & Identification

    1. Tribal Enrollment

    2. Tribal ID Cards

  3. TriBal Registration for Sex OFfenses

    1. If I am a 290 registrant, do I have to register with my Tribe?
    2. My tribe requires registration. When do I have to register?
    3. Do I have to appear in person after I register?
    4. How long do I have to remain registered with my tribe, and how often do I have to appear in person?
    5. What happens if I fail to register with my tribe?

    1. What are tribal housing programs?
    2. What types of tribal housing are available?
    3. Which tribes in California offer some form of tribal housing?
    4. Who can rent units through tribal housing programs?
    5. can my criminal record affect my ability to get tribal housing?
    6. What can I do if I am served an eviction notice from tribal housing?

    1. Indian Health Service (IHS)

    2. Tribal Income and SSI Eligibility

    3. The Tribal Temporary Assistance for Needy Families (TANF) program

  6. Overview of the Indian Child Welfare Act (ICWA)

    1. What is the Indian Child Welfare Act (ICWA)?
    2. What children does the Indian Child Welfare Act (ICWA) apply to?
    3. What types of cases does the Indian Child Welfare Act (ICWA) apply to?
    4. What are the extra responsibilities REQUIRED under the Indian Child Welfare Act (ICWA)?
    5. Are there unique permanency options for indian children?
    6. Can an indian tribe intervene as a party in an icwa case?
    7. How are child custody (DEPENDENCY) cases transferred to tribal court?
    8. What is the most important thing for a parent to do in an icwa case?