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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/relwamin0010 and id is 1 raw text is: THE LAW OF AMERICAN INDIANS (DRAFTS) CHAPTER 2. TRIBAL AUTHORITY SUBCHAPTER 2. THE POWERS OF INDIAN TRIBES § 25. The Power to Define Tribal Membership or Citizenship Criteria Or.App.2021. Quot. in sup.; com. (a) cit. in sup.; com. (b) and Rptrs' Note to com. (b) quot. in sup. (citing and quoting § 25 and coms. (a) and (b) and Rptrs' Note to com. (b) to § 25 of T.D. No. 2, 2018, which are now § 18 and coms. (a) and (b) and Rptrs' Note to com. (b) to § 18 of the Official Text). Mother of minor child appealed after the trial court determined that child's juvenile-dependency case was not governed by the Indian Child Welfare Act because child did not meet the blood-quantum requirement to be a fully-enrolled member of the Karuk Tribe. This court reversed and remanded, holding that the Tribe recognized two tiers of membership-fully-enrolled membership and descendancy membership-and it was undisputed that mother was an enrolled descendant member of the Tribe and that child was eligible for descendancy membership. The court cited the Restatement of the Law, The Law of American Indians, in reasoning that it would interfere with Indian tribes' inherent power to determine their own membership if a court were to determine that some recognized tribal members, or persons eligible to become members, were not members for purposes of the Act. Matter of N.C.H., 489 P.3d 139, 143. COPYRIGHT C2022 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination. ALI

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