Document Type

Article

Publication Date

8-30-1999

Abstract

In the Blackfeet Tribal Court, in a Probate matter, the Court considered whether it could defer to federal administrative probate law when it makes a paternity determination in Tribal Court. The Court noted that Federal Administrative Tribunals determine heirs to determine the beneficial ownership of trust land, not for purposes of tribal enrollment. See Estate of Duke Hawley Tsoodle, Sr., 32 IBIA 108 (March 23, 1988) IBIA 97-91, 97-94. Federal disposal of land does not implicate public fisc or other benefits of tribal membership. Conversely, a federal tribunal may not use the same procedures a tribal court would when the tribal court determines paternity for purposes of tribal enrollment. When determining federal distribution of judgement funds, strict procedures are used for determining eligibility, namely tribal membership. Membership is a prerequisite to receipt of benefits, and federal tribunals defer to tribal determinations of membership. The Court disagrees that federal tribunals determination of land distribution are just as strict as tribal courts determining paternity for tribal enrollment. Loss of trust land status is reversible; determination of paternity is not. The Court refuses to risk making an erroneous enrolment determination and notes that there are standards to make an appeal pursuant to a protest of an enrollment committee determination which directly address the issue of paternity even after the father is deceased. The mother and child must make a proper appeal to the appropriate committee and present facts and evidence. The Court refuses to adopt federal tribunal standards for determination of paternity.

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