Coushatta Tribe of Louisiana Judicial Codes
Approved: 1998; Last amended: 2004
RESOLUTION No. 2000 - 15
RE: Policy Providing for Future Withdrawals from Minor's Trust Funds
WHEREAS, the Coushatta Tribe of Louisiana (the "Tribe") is a sovereign Indian Nation and is recognized as such by the United States of America;
WHEREAS, the Coushatta Tribal Council is the duly elected governing body of the Coushatta Tribe of Louisiana;
WHEREAS, an inherent part of sovereignty is providing a means to carry out the programs of the Tribe that are designed to proved for the needs of Coushatta Tribal Members;
WHEREAS, pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. §2710 (b)(2) and Tribal Council Resolution No. 95-4, trusts were established for the Coushatta Tribe Minors in 1995 and are established on a continuing basis;
WHEREAS, Article III (D) of each such Trust Agreement, as amended, allows the Trustee, at the direction of the Tribal Council, "to disburse from the Trust principal... such amounts as the Tribal Court may deem advisable, to provide adequately and properly for the health, education, maintenance and support of the BENEFICIARY";
WHEREAS, the Coushatta Tribal Council enacted a Revenue Allocation Plan that provides that if a parent or guardian of a minor child requires a disbursement from such minor child's Trust Fund for the health, education, maintenance and/or support of the minor child, the parent or guardian must apply to the Tribal Court for a ruling on the need for such a disbursement;
WHEREAS, the Coushatta Tribal Council recognizes that it is in the best interest of the minor child to allow each and every such disbursement for the health, education, maintenance and/or support of the minor child, regardless of amount, to be ruled on by the Tribal Court;
NOW, THEREFORE, BE IT RESOLVED that the Coushatta Tribal Council hereby repeals its former policy and procedure set forth in Council Resolution No. 99-01, which established a method whereby a parent of guardian of a minor child may request a maximum distribution of up to $2000 per year, in two installments of $1000 each, upon submission of such request to the Tribal Council for its review and recommendation.
NOW, THEREFORE, BE IT RESOLVED that the Coushatta Tribal Council hereby declares a policy and enacts a procedure whereby a parent of guardian of a minor child may request a distribution, regardless of amount, from such minor child's Trust Fund for the health, education, maintenance and/or support of the minor child, and that each request will be submitted to the Tribal Court for its review and determination regarding the minor child's need for such disbursement and the parent or guardian's justification for requesting such funds.
NOW, THEREFORE, BE IT RESOLVED that the Tribal Court shall require a written justification of the request, including a detailed budget of income and expenses; may request such receipts, documentation or other evidence that the Court deems advisable; and may require the petitioning parent or guardian to account for previous distributions. If the Tribal Court determines that good cause exists for a disbursement from the minor child's Trust Fund, the Court shall issue an order to that effect which may include a written opinion by the Tribal Court.
This resolution was duly acted upon by the following council members at a meeting held on April 25, 2000, with a quorum present.
LOVELIN PONCHO, Chairman
BERTNEY LANGLEY, Secretary/Treasurer
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