9 NICS App. 124, BRIAN W. v. JENNIFER C. (June 2010)
IN THE PUYALLUP TRIBAL COURT OF APPEALS
PUYALLUP INDIAN RESERVATION
TACOMA, WASHINGTON
Brian W., Petitioner and Appellant,
v.
Jennifer C., Respondent and Appellee.
No. TUL-CV-GA-2009-0381 (June 25, 2010)
SYLLABUS*
Trial court issued an order requiring all future per capita payments on behalf of tribal minors to be made to the minors’ custodial parent. Court of Appeals cites its opinion in a companion case that presented the identical issue, in which the Court of Appeals interprets statutory phrase “living with both of his/her biological parents” to require the biological parents to be co-domiciled, and holds that statutory provisions require the minors’ per capita funds to be deposited to the pooled custodial account managed by the Tribe and disbursed to the custodial parent only upon an order of the court authorizing such a disbursement for the needs and in the interests of the minors. Tribal court order reversed and remanded.
Before: Suzanne Ojibway Townsend, Chief Judge; Gregory M. Silverman, Judge; Thomas Weathers, Judge.
Appearances: David A. Wescott, for Appellant Brian W.; Howard Comfort III, for Appellee Jennifer C.
OPINION
Per Curiam:
This case calls on us to harmonize the interplay between Puyallup Tribal Code (“PTC”) 1.08.130 and PTC 1.08.140 with respect to tribal per capita payments on behalf of minors. For the reasons stated our opinion in the companion case also decided today, Edmond L. v. Misti W., No. PUY-CV-05-365, 9 NICS App. 118 (Puyallup Tribal Ct. App. 2010), we reverse and remand with instructions to order all future per capita payments made on behalf of the two minors to be
9 NICS App. 124, BRIAN W. v. JENNIFER C. (June 2010) p. 125
issued to the pooled custodial account managed by the Tribe as provided in PTC 1.08.140(b). The Tribal Court shall provide a copy of this Opinion to the Tribe's Enrollment Department, Children's Services Program, Indian Child Welfare Liaison, and Law Office. The Tribal Court shall also provide a copy of our Opinion in case number PUY-CV-05-365 to the parties in this proceeding. Either parent may seek a Tribal Court order to withdraw funds for the needs of the minors. To minimize the administrative burden on the parents, the Tribal Court shall consider entering a standing order governing withdrawal of funds from the pooled custodial account to be reviewed on a timely basis.
The syllabus is not a part of the Court’s Opinion. The syllabus is a summary of the Opinion prepared by the publishers of this reporter only for the convenience of the reader. Therefore, the syllabus should not be cited in whole or part as legal authority. Only the Opinion, which follows the syllabus, may be cited as legal authority.