PROGRAM SERVICES

• Child Representation
• Tribal Representation
• Child Custody
• Child Adoptions

1) Is the Tribal Child subject to State or Federal jurisdiction?

NO. The child of Oklevueha parents is subject to exclusive tribal jurisdiction. The Oklevueha are a recognized independent sovereign which receives no services nor benefits of the Federal or State governments. Children, like their Oklevueha parents, are not subject to the exclusive jurisdiction of the United States as they are technically not eligible for US citizenship under the 14th Ammendment, nor the American Indian Citizenship Act of 1924. The Oklevueha, as well as other Florida Tribes, were still in a declared state of War with the US which has never been resolved. The US signed an International Treaty in the 1960's called Anti-Colonialization Treaty, which prohibits it from the subjugation of non US citizens as subject to its jurisdiction. The Oklevueha is a Historical Tribe, which is also "Case Law Recognized (1994)" as equal in jurisprudence to any other State or Federal Recognized Tribe.

2. Can the Tribal Child Welfare Representative intervene on behalf of an Oklevueha family who is currently in a child custody battle with the State?

YES. The Tribal Child Welfare Representative can, at the direction of the Tribal Court or Council, and/or at the request of an Oklevueha Parent or Child, intervene in any court procedure which could result in either the temporary or permanent placement of the child outside of his immediate family. Failure of a State Court to recognize this rignt of intervention constitutes an act of Geneocide against the tribe as a minority group, and because the status with the United States has never been resolved, the failure to acknowledge the Tribal Rights constitutes a War Crime.

3. Can a State or Federal Court deny or determine who is an Oklevueha Tribal Citizen?

NO. No court in any jurisdiction can determine who is or is not an Oklevueha Citizen. That power is held with the Tribal Council exclusively. The Bureau of Indian Affairs also cannot determine the Citizenship requirements of the Oklevueha.

4. Many people who claim to be Indian, or Tribal Members also claim to be so through "Blood Degrees" or "Membership Cards." The Oklevueha claim "Citizenship" with their Tribe, while they only claim "Membership" within their individual communities. What is the difference between membership and citizenship, and do you become an Oklevueha Citizen or member by virtue of blood degree?

This question is complex in that only a Tribal Government can determine the qualifications for Citizenship or Membership, and not the State or Federal governments, nor the US Bureau of Indian Affairs. However, the Bureau of Indian Affairs recognizes only a "Blood Degree" quantum in order to be eligible for services or benefits the Bureau provides. It is possible to be a member or citizen of a tribe and not be eligible for Bureau benefits. The Bureau of Indian Affairs, as representing the Federal US Government, practices a form of genocide in that it does not recognize an individual's status within a tribe except by blood degree only. The difference between a citizen and a member is that you can be a member of any organization, ie., YMCA, where-as you can only be a Citizen of a Sovereign Government. The US BIA, and Congress have been quite successful in using terms limiting in scope the nature of affiliation as the term Citizen indicates that the person is from a Domestic Sovereign Nation. Where-as, if one is a "Member" he has no separate allegiance which is superior to the US. The Oklevueha have and always will be a Separate Independent Domestic Tribe, and not to be defined within the same context as the "Domestic Dependant Nations" as stated by the Supreme Court. The Oklevueha have never voted to surrender its sovereignty to the United States, nor can the United States extinguish the sovereignty of the Oklevueha as long as one legitimate tribal Citizen still exists. International Treaties protect the Oklevueha as well as other Tribes who do not have a formal relationship with the US from such forms of subjugation.

To contact the Oklevueha Band Tribal Child Welfare Representative, call or write to the following address:

Sandra Anihinga Dilday-Gardner
Oklevueha Tribal Child Welfare Representative
125 Danridge Dr.
Hazel Green, AL 35750
(256) 826 9031 [or] (256) 603 7612
tcwr@aol.com