Will Humble, Director of the Arizona Department of Health Services (ADHS) approved the Substantive Policy Statement (SPS) for Tribal Delayed Birth Certificates for American Indian elders born before 1970 last week. Senator Carlyle Begay called the move an important first step toward protecting the eligibility of older tribal members for services.
According to ADHS, “This action is the positive end result of cumulative efforts between ADHS staff, tribal government representatives and Native American health advocates that started in September 2013 and included two official ADHS Tribal Consultation Meetings held in July and September 2014. The new SPS stream lines the process for tribal elders born before 1970 to apply for State Delayed Birth Certificates by accepting as the beginning source document Tribal Governmental enrollment records or other tribal records containing four required birth facts,” said Begay.
Begay said that he will be working with his legislative colleagues to introduce a bill next session that offers a permanent solution.
“This is a historical decision for Arizona Tribal communities. Most Americans born in this country have a birth certificate issued from a hospital. But, for a lot of Tribal members born in remote areas of the State before 1970 it was common to be born at home. For these Tribal members, getting a birth certificate later – otherwise known as a “delayed birth certificate” – can be very difficult, especially in Arizona because of its strict regulations,” said Begay.
“Without a birth certificate, people risk eligibility for many things – from retirement and disability benefits, to medical care and a social security card,” concluded Begay. “With this important administrative order the first step toward correcting this problem has been taken. Next session I will introduce legislation to make this a permanent, statutory change.”
Arizona Revised Statute (A.R.S.) § 36-333.02(A) states that “a person authorized by this chapter may submit to the state registrar information and evidentiary documents that support the creation and registration of a delayed birth certificate” for a person who is born in this state and whose birth certificate “is not registered within one year after the date of birth.” A.R.S. § 36-333.02(B) states that the “state registrar may waive the information and evidentiary document requirements in subsection A of this section for a birth that occurred before 1970.”
Native Americans born before 1970 may obtain a delayed birth certificate by providing documentation that establishes the following birth facts:
1) The full name of the applicant at birth,
2) The date of birth,
3) The place of birth, and
4) The parents’ names.
1. The documentation shall include an original or certified copy of the official tribal enrollment record or other official tribal record which contains all four birth facts listed above (i.e. full name of the applicant at birth, the date of birth, the place of birth, and the parent’s names) and contains the seal or other authentication from the issuing federally recognized Tribal Authority and the date of issuance , and, in addition;
2. At least one other document that independently verifies the four birth facts listed on the official tribal enrollment record or other official tribal record. If the official tribal enrollment record is missing any of the four birth facts, two documents must be submitted relating to that missing birth fact. For example, if the official tribal enrollment record does not contain place of birth, then two documents must be submitted that verify the place of birth. The following documents commonly contain all of the required four birth facts and are accepted for verification:
a. Hospital or physician records of birth
b. Ambulatory Care Record/Clinic Record from Indian Health Service
c. An affidavit of facts of birth described in A.A.C. R9-19-207(B)