Chapter 1.16 GENERAL WELFARE ORDINANCE

The Puyallup Tribe (“Tribe”) pursuant to the sovereign inherent authority vested in the Tribe, through its Tribal Council, as well as the authority vested by the Constitution and Bylaws of the Puyallup Tribe. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

1.16.030 Intent.

By establishing this chapter, the Puyallup Tribe, a federally recognized Indian Tribe, exercises its inherent sovereign right to promote the general welfare of the Tribe and its members, its self-determination, culture, and tradition, by providing general welfare programs and individual assistance. Both the United States Congress, through its enactment of the Tribal General Welfare Exclusion Act of 2014 (Public Law 113-168), and the Internal Revenue Service, through its adoption of IRC Section 139E, recognize that payments by a Tribal government to Tribal members under a legislatively provided social benefit program for the promotion of the general welfare of the Tribe are excludable from the gross income of those Tribal members who receive such payments. This chapter is intended to affirm the Tribe’s inherent sovereign rights to promote the general welfare of the Tribe and provide qualifying assistance and program benefits on a tax free basis.

Financial assistance payments authorized by this chapter are intended to qualify for favorable tax treatment under the general welfare doctrine to the fullest extent permitted by law. Without limitation, the following benefits shall be treated as nontaxable hereunder:

(a) Benefits that satisfy the requirements for exemption under Internal Revenue Code Section 139E;

(b) Benefits that are provided under an IRS Safe Harbor Program;

(d) Benefits that meet another express exemption under the Internal Revenue Code, such as the exemption provided for Tribal medical expenses under Internal Revenue Code Section 139D, or that meet other recognized exemptions including, for example, resources or land-based exemptions under 25 U.S.C. Sections 117a-b, 1407 and 1408. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

1.16.040 Ratification of prior acts – Legislative intent.

The Tribal Council, acting as the Tribe’s legislative body, has traditionally exercised the Tribe’s sovereign right to provide assistance in order to promote the general welfare and best interests of the Tribe and its members. This chapter is intended to memorialize and confirm existing procedures used in the administration of general welfare programs and services. It is intended to establish a framework to improve the coordination of general welfare doctrine compliance.

The enactment of the ordinance codified in this chapter does not invalidate any prior acts and exercises of the Tribe’s sovereign authority in providing assistance before the ordinance codified in this chapter’s effective date; the Tribal Council by this section specifically ratifies its prior acts providing such assistance. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

1.16.050 Severability.

If any part(s) or the application or both of any part of this code is held invalid, any such holding will not affect the validity of the remaining parts of this code. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

1.16.060 Sovereign immunity.

Nothing in this code constitutes a waiver or impairs the sovereign immunity of the Puyallup Tribe, or any of its subordinate boards or bodies, or entities. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

Subchapter 2. Definitions

1.16.070 Definitions.

(a) “Applicant(s)” means an eligible adult or an identified group who is eligible for a specific approved program and who has/have applied for assistance under this chapter.

(b) “Approved program(s)” means any program(s) approved by the Tribal Council that provide(s) general welfare assistance to applicants who qualify under the general welfare doctrine, defined below. Examples include the payment of benefits related to housing, education, elder or disabled status, cultural and religious programs, or other qualifying assistance, such as childcare.

(c) “Assistance” means benefits, services, and payments under an approved program, provided by the Tribe for or on behalf of a beneficiary as set forth in this chapter.

(d) “Authorized care provider” shall mean the person(s) who has/have actual physical custody of and is/are supervising the day-to-day needs of a minor or protected person.

(e) “Beneficiary” means the recipient of general welfare assistance payments or direct benefits or services, as set forth in this chapter. A beneficiary may also be a Tribal minor or a protected person where the authorized care provider receives payments to be used for the benefit of the Tribal minor or protected person.

(f) “Children’s Services” means the Puyallup Tribe’s Children’s Services program.

(g) “Council” or “Tribal Council” means the properly elected governing body of the Puyallup Tribe.

(h) “Director” or “Department” refers to the respective Department providing the general welfare benefit or the Director of that Department.

(i) “General test” means the standards by which benefits or assistance are found to be nontaxable; benefits are nontaxable if they: (1) arise under a Tribal Council approved program that does not discriminate in favor of Tribal Council members; (2) promote the general welfare of the Tribe and its members; (3) are made available to any applicant who satisfies the program policies and procedures, subject to available budget; (4) are not provided as compensation for goods and/or services; and (5) are not lavish or extravagant under the facts and circumstances, as determined by the Tribal Council.

(j) “General welfare doctrine” means the doctrine recognized by the Internal Revenue Service (“IRS”) acknowledging that a sovereign Tribal government may provide assistance to its members that does not subject the recipient to federal income tax liabilities. Assistance provided under this doctrine must be based upon need, and not as compensation for services.

(k) “General Welfare Guide” means the Puyallup Tribe’s approved policy and procedure guidelines established to assist the program administrator in the execution of the General Welfare Assistance Program.

(l) “General welfare assistance payment” means payments made in accordance with a Puyallup Tribe General Welfare Assistance Program.

(m) “ICW Liaison” means the person employed at the Puyallup Tribe as the Tribal/State Court Liaison for Indian Child Welfare.

(n) “Identified group” means Puyallup Tribal members who are members of an identified group, such as veterans or Tribal foster care families.

(o) “Lavish” and/or “extravagant” except as otherwise required for compliance with IRC Section 139E shall be determined by the Tribal Council in its sole discretion, taking into account unique needs of the Tribe, as well as the social purpose the particular assistance at hand serves.

(p) “Minor” means a person who is under the age of 18 years.

(q) “Protected person” means a legally incompetent or disabled person.

(r) “Representative payee” is a person, agency, organization or institution selected to receive and manage benefits on behalf of an incapable or legally incompetent beneficiary.

(s) “Representative Payment Program” (“RPP”) is the program that assigns and manages representative payees, enrolls Tribal members electively, or by order of the Puyallup Tribal Court pursuant to Chapter 1.12 PTC.

(t) “Safe Harbor Program” refers to an assistance program that meets the safe harbor requirements set forth in the Tribal General Welfare Exclusion Act of 2014 (Pub. L. 113-168), any amendments to that Act, and IRS Revenue Procedure 2014-35 and any future guidance the Internal Revenue Service issues. Need is assumed to exist for assistance provided under a Safe Harbor Program.

(u) “Tribal Representative” shall mean an authorized employee of Puyallup Tribe Children’s Services, Puyallup Tribe Indian Child Welfare, Puyallup Tribe Adult Protective Services, or Puyallup Tribe Representative Payment Program.

(v) “Trust” shall mean a trust that is set up by the Puyallup Tribe for the benefit of a Tribal member who is under the age of 18 or a protected person. Minor’s trusts will be disbursed pursuant to the terms of the active trust agreement at the time of the contribution. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

Subchapter 3. Approved Programs

1.16.080 Approved programs.

The Tribal Council shall designate programs which will receive budget approval for each fiscal year, consistent with the purposes of this chapter. Approved programs shall include the General Welfare Assistance Program and any additional approved programs that are designated or adopted by Tribal Council, that are consistent with the general welfare doctrine as to purpose, eligibility, and funding. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

1.16.090 Approved programs limitations.

Approved programs shall be limited to purposes consistent with treatment under the general welfare doctrine. Any approved program must be established and operated to promote the general welfare of the Tribe, including programs designed to enhance the promotion of health, education, self-sufficiency, self-determination, Tribal image and the maintenance of culture and tradition, entrepreneurship, and the employment of Tribal members. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

1.16.100 Indian general welfare benefits and Safe Harbor Program.

(a) Indian General Welfare Benefits (Internal Revenue Code Section 139E). Programs that meet the following criteria for exemption under Internal Revenue Code Section 139E shall be treated as nontaxable assistance under the general welfare exclusion without the applicant having to demonstrate individual need.

(1) General Criteria for Qualification under Internal Revenue Code Section 139E. Each payment made or service provided to or on behalf of a member pursuant to a program under this chapter shall be treated as nontaxable assistance under the general welfare exclusion so long as the following criteria are met:

(A) The Program is administered under specified guidelines and does not discriminate in favor of the members of the governing body of the Tribe;

(B) Program benefits are available to any Tribal member who meets such guidelines;

(D) Program benefits are not lavish or extravagant; and

(E) Program benefits are not compensation for goods and/or services.

(2) Ceremonial Activities. Any items of cultural significance, reimbursement of costs, or cash honorarium for participation in cultural or ceremonial activities for the transmission of Tribal culture shall not be treated as compensation for services.

(3) IRS Code Section 139E is effective for assistance in taxable years for which the period of limitations on a refund or credit under Internal Revenue Code Section 6511 has not expired. If the period of limitation on a refund or credit resulting from the application of Internal Revenue Code Section 139E(a) would otherwise expire before the one-year period beginning on the date of the enactment of Internal Revenue Code Section 139E, a refund or credit (to the extent attributed thereto) may be made or allowed if a claim is filed before the close of such one-year period.

(b) Safe harbor treatment shall be afforded to any program or benefit that otherwise satisfies the safe harbor rule as of, or after, December 6, 2012, or for any earlier taxable period for which the period of limitation on refund or credit under Internal Revenue Code 6511 has not expired.

(c) Nothing in this chapter or the IRS safe harbor guidance shall limit the Tribe’s right to provide assistance outside of the safe harbor rules. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

1.16.110 Programs meeting the general test.

Programs that are not specifically listed for nontaxable treatment under IRC Section 139E or as an Internal Revenue Service Safe Harbor Program will still be treated as nontaxable if the approved program satisfies the general test for treatment under the general welfare exclusion. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

1.16.120 Specific findings of need.

The Tribal Council shall periodically review the facts, circumstances and needs of the Tribe and its members, and make modifications as needed to ensure that approved programs continue to serve the general welfare of the Tribe. All findings are based upon Tribal Council’s unique knowledge of Tribal culture, tradition, historic barriers, needs and long-term goals of self-determination.

(a) Individual Needs. Certain programs may be based on individual need, rather than an overall need of the Tribe. For those programs, the Tribal Council may establish income guidelines unique to the Tribe or may use readily available income guidelines used by state or federal programs to demonstrate individual or family need. When individual or family need must be shown, the program may take into account individual circumstances or extraordinary need to overcome presumptions based on income alone.

(b) Community Needs. Certain programs may be based on community needs, which are so important to the self-determination, culture and traditions of the Tribe that assistance may be deemed necessary regardless of individual income or wealth. For example, states provide public education to all citizens regardless of individual income or wealth. Some programs may address both individual and community-based needs. The Council reserves the right to require any applicant applying for consideration based on nonfinancial or community-based needs to demonstrate how the program benefits will benefit the Tribal community as a whole, including preservation of culture, tradition and self-determination. Approval based on nonfinancial need criteria is made on a facts and circumstances basis and will be guided by traditional values and culture. A program will be deemed to be based on community or nonfinancial needs if so designated by the Council. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

1.16.130 Programs not limited to means testing.

Programs that qualify under IRC Section 139E or the IRS Safe Harbor designated programs will not require a showing of individual need or means testing to achieve nontaxable treatment under the general welfare exclusion. The Tribe also reserves the right to provide community-based programs and programs based on nonfinancial need under the general test that are not individually means tested. The Tribe recognizes that means testing can distort certain Tribal cultural and community values. Coordination with IRS and the United States Treasury Department on general welfare matters shall be grounded on a government-to-government relationship that recognizes the unit relationship between the federal government and the Puyallup Tribal government. The Tribe will evaluate programs periodically as guidance is further developed from the IRS and United States Treasury Department. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

Subchapter 4. Rules That Apply to All Approved Programs

1.16.140 Anti-alienation.

A Tribal member’s right to apply for welfare assistance payments under this chapter is not subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, attachment or garnishment by creditors of the Tribal member or his/her beneficiaries. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

1.16.150 General welfare assistance payments not subject to seizure.

(a) Funds for a scheduled general welfare assistance payment, while still in the possession of the Tribe before distribution or deposit into a trust, shall not be subject to seizure, execution, levy, garnishment, forfeiture, lien or encumbrance for any debt or obligation.

(b) Any trust or general welfare assistance payment that has been distributed to an authorized care provider or other appropriate person on behalf of a minor shall not be subject to seizure, execution, levy, garnishment, forfeiture, lien or encumbrance for any debt or obligation.

(c) Amounts that comprise a general welfare assistance payment are subject to the Tribe’s right of offset. The Tribe is authorized to use said funds for payments owed to the Tribe, or for restitution payments to an injured party, as agreed to, or ordered by the Puyallup Tribal Court. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

Subchapter 5. General Welfare Assistance Program

1.16.160 General Welfare Assistance Program.

(a) The “General Welfare Assistance Program” provides assistance to households of enrolled Puyallup Tribal minor members or qualified adult members under the general welfare doctrine, IRC Section 139E, and other applicable laws of the Tribe. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

1.16.170 Administration.

The Per Capita Department is charged with the responsibility and authority to administer the General Welfare Assistance Program. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

1.16.180 Eligibility requirements for General Welfare Assistance Program.

(a) Enrolled Adult Tribal Member General Welfare Assistance. Adult members may apply for the General Welfare Assistance Program on their own behalf for the upcoming year. Adult members must apply annually and substantiate any eligible costs under the program consistent with the program policies and guidelines.

(1) Adult members engaged in any type of repayment under PTC 1.08.110, 1.08.120, 1.16.150(c), 1.16.180(c) or 1.16.230 are not eligible to apply for nor receive general welfare assistance payments during a payback period.

(b) Minor Household General Welfare Assistance. In order to be eligible for the General Welfare Assistance Program, an applicant applying on behalf of an enrolled minor tribal member must be a:

(1) Parent of an enrolled minor member;

(2) Enrolled minor member who has been emancipated by a court of competent jurisdiction;

(3) Legal guardian of an enrolled minor member;

(4) Authorized care provider of an enrolled minor member; or

(5) Authorized Tribal representative facilitating the application between an enrolled minor member and a placement consistent with applicable Puyallup Tribal law. This includes emergency situations where the minor has no parent, legal guardian or authorized care provider eligible to apply for benefits.

(c) The Tribe will issue a general welfare assistance payment to or on behalf of each enrolled Tribal member in the category or categories designated for payment who has complied with the requirements of PTC 1.16.200 and who is an enrolled member of the Tribe by way of Tribal Council resolution; provided, however, that any individual who submits an application for membership on or after October 24, 2003, will, if eligible for membership, become eligible for general welfare assistance payments made by the Tribe beginning with the next payment that is distributed after official action is taken by the Tribal Council, under the requirements of the Tribe’s Enrollment Code, approving the individual’s application. At that time, the individual shall be eligible to apply to the General Welfare Assistance Program from that date forward (prospectively only) and then annually as is permitted by the program; the individual shall not be eligible to receive payments retroactive to the date of his/her application for enrollment or to any other earlier date. General welfare assistance payments can only be retrieved by the approved General Welfare Assistance Program applicant.

(1) It is the Tribe’s intent, for any month in which a per capita and general welfare assistance payment is issued, that each qualified adult Tribal member who opts into receiving general welfare assistance instead of per capita payments, as well as each enrolled minor Tribal member eligible to receive general welfare assistance, will receive the proceeds of only one such payment, plus any additional special payment the Tribe makes, such as a holiday bonus payment or a spring bonus payment. The funds from the regular payment and any special payment made during a month shall together constitute “authorized payments.” Any funds that an individual receives or obtains in excess of these authorized payments shall constitute “unlawful receipt of funds.”

(2) The Director is directed to recover on behalf of the Tribe any funds that an individual receives unlawfully. The Department shall recover such unlawful receipt of funds by withholding future general welfare assistance and per capita payments until all unlawfully received funds have been recovered. During this payback period, such person is not entitled to receive Tribal benefits for themselves nor on behalf of any other enrolled Tribal member. During a payback period, adult Tribal members will not be eligible for the General Welfare Assistance Program and will be returned to receipt of per capita payments per requirements of Chapter 1.08 PTC.

If a person disagrees with the Director’s determination that the person unlawfully received funds, a hearing may be requested at the Puyallup Tribal Court. The standard of review of the Director’s determination is by “clear and convincing evidence.”

(d) Dual Enrollment Prohibited.

(1) If there is reason to believe that an individual may be enrolled in another tribe in addition to the Puyallup Tribe, the Director shall send written notice to the member by certified mail, return receipt requested, informing the member that the Tribe will withhold any general welfare assistance payments until the Enrollment Director receives written verification from the appropriate department or agency of the other tribe indicating whether or not the member is enrolled in the other tribe.

(2) If the response from the other tribe verifies that the member is not enrolled in the other tribe, the Tribe shall send a general welfare assistance payment in the manner provided by the General Welfare Ordinance and Guide, not to exceed the amount to which the member is otherwise eligible.

(3) If the response from the other tribe indicates that the member is enrolled in the other tribe, the Tribe shall not make a general welfare assistance payment to or on behalf of that member.

(4) If the other tribe does not provide a response, the Tribal member shall have the option of providing to the Enrollment Director written information that s/he is not enrolled in the other tribe. The sufficiency of any such information shall be determined in the discretion of the Enrollment Committee. The burden of proof shall be on the Tribal member to demonstrate that s/he is not enrolled in the other tribe, or that s/he has taken all reasonable steps to relinquish her/his membership in that tribe.

(5) The Tribal Council shall retain the authority to determine, in its sole discretion, after conferring with the Enrollment Committee, that the circumstances of a particular case warrant the issuance of a general welfare assistance payment notwithstanding the operation of this section.

(6) It is improper and shall be deemed a violation of Puyallup Tribal law for any enrolled member to receive and retain a general welfare assistance payment from the Puyallup Tribe if you are also receiving per capita, general welfare, or similar payments from another tribe due to the enrolled member status of that tribe. In such cases, the member shall be liable to the Puyallup Tribe for repayment of any amounts received in general welfare assistance payments from the Puyallup Tribe before being eligible for future general welfare assistance or per capita payments. In such cases, the Tribe may, in its discretion, file an action in Puyallup Tribal Court to recover any amounts paid to/for the Tribal member consistent with this section. The Tribal Court shall have and exercise jurisdiction over any such action.

(e) Payable on Death.

(1) A minor or protected person’s approved applicant is not eligible to receive a general welfare assistance payment after the applicant dies. General welfare assistance funds follow the minor or protected person member, not the applicant.

(2) All adult Tribal members shall submit a notarized “payable on death” (POD) form at the Per Capita/General Welfare Assistance Program Department. POD designations will be kept on file permanently. A chosen beneficiary will receive all outstanding per capita checks or general welfare assistance payments to which the member was otherwise eligible upon the death of the Tribal member. A certified death certificate must be submitted to the Director. The POD designation is not subject to probate.

(3) Upon the death of a minor Tribal member, who passes after an approved general welfare assistance payment distribution, the payment will be sent to the minor’s approved applicant for use according to program requirements (for example: funeral, cultural, or ceremonial needs).

(4) Members who are eligible for general welfare assistance payments and are included in the total provided in the resolution, but then die on the same date or the day after the resolution is signed, remain eligible to receive the approved general welfare assistance payments. Conversely eligible members who die a date prior to or earlier than the date the resolution authorizing distribution is signed by Tribal Council, are not eligible to receive the general welfare assistance payment. Notice of death must be sent to the Department no later than 10 days after the death of a Tribal member. Delay in notifying the Tribe of the death of a Tribal member may result in unauthorized payments being sent and the recipient of those funds and/or the estate of the deceased. Receipt of unauthorized funds will need to be returned or repaid to the Tribe. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

1.16.190 Limited use of General Welfare Assistance Program.

(a) General Welfare Assistance Program payments are limited to the following approved categories of nonlavish, nonextravagant uses:

(1) Housing;

(2) Food;

(3) Clothing;

(4) Transportation;

(5) Education; or

(6) Cultural and religious.

Uses may be further defined by a General Welfare Guide as directed by the Puyallup Tribe.

(b) The following benefits may be provided under a Safe Harbor Program. The benefits listed in the parenthetical language herein are illustrative only, rather than an exhaustive list. A benefit may qualify for exclusion from gross income as a Safe Harbor Program even though the benefit is not expressly described in the parenthetical language herein; provided, that it meets all other requirement of Article VI and Revenue Procedure 2014-35 (as may be amended):

(1) Housing Programs. Programs relating to principal residences and ancillary that are not used in any trade or business, or for investment purposes that:

(A) Pay mortgage payments, down payments, or rent payments (including but not limited to security deposits) for principal residences;

(B) Enhance habitability of housing, such as by remedying water, sewage, or sanitation services, safety issues (including but not limited to mode remediation), or heating or cooling issues;

(D) Pay utility bills and charges (including but not limited to water, electricity, gas, and basic communications services such as phone, internet, and cable);

(E) Pay property taxes or make payments in lieu of taxes (PILOTs).

(2) Educational Programs. Programs to:

(A) Provide students (including but not limited to post-secondary students) transportation to and from school, tutors, and supplies (including but not limited to clothing, backpacks, laptop computers, musical instruments, and sports equipment) for use in school activities and extracurricular activities;

(B) Provide tuition payments for students (including but not limited to allowances for room and board on or off campus for the student, spouse, domestic partner, and dependents) to attend preschool, school, college or university, online school, educational seminars, vocational education, technical education, adult education, continuing education, or alternative education;

(C) Provide for the care of children away from their homes to help their parents or other relatives responsible for their care to be gainfully employed or to pursue education; and

(D) Provide job counseling and programs for which the primary objective is job placement or training, including but not limited to allowances for: expenses for interviewing or training away from home (including but not limited to travel, auto expenses, lodging, and food); tutoring; and appropriate clothing for a job interview or training (including but not limited to an interview suit or a uniform required during a period of training).

(3) Elder and Disabled Programs. Programs for individuals who have reached age 55 or are mentally or physically disabled (as defined under applicable law, including but not limited to tribal government disability codes or laws) that provide:

(A) Meals through home-delivered meal programs or at a community center or similar facility;

(B) Home care such as assistance with preparing meals or doing chores, or day care outside the home;

(D) Improvements to adapt housing to special needs (including but not limited to grab bars and ramps).

(4) Cultural and Religious Programs. For Safe Harbor Programs, and subject to amendments to Revenue Procedure 2014-35 hereafter, the Tribe will presume that individual need is met for religious leaders or spiritual officials or leaders (including but not limited to medicine men, medicine women, and shamans) receiving the following benefits, and that the benefits do not represent compensation for services: benefits provided under an Indian tribal governmental program that are items of cultural significance that are not lavish or extravagant under the facts and circumstances or nominal cash honoraria provided to religious or spiritual officials or leaders (including but not limited to medicine men, medicine women, and shamans) to recognize their participation in cultural, religious, and social events (including but not limited to pow-wows, rite of passage ceremonies, funerals, wakes, burials, other bereavement events, and subsequent honoring events). Programs to:

(A) Pay expenses (including but not limited to admission fees, transportation, food, and lodging) to attend or participate in an Indian tribe’s cultural, social, religious, or community activities such as pow-wows, ceremonies, and traditional dances;

(B) Pay expenses (including but not limited to admission fees, transportation, food, and lodging) to visit sites that are culturally or historically significant for the Tribe, including but not limited to other Indian reservations;

(C) Pay the costs of receiving instruction about an Indian tribe’s culture, history, and traditions (including but not limited to traditional language, music, and dances);

(D) Pay funeral and burial expenses and expenses of hosting or attending wakes, funerals, burials, other bereavement events, and subsequent honoring events; and

(E) Pay transportation costs and admission fees to attend educational, social, or cultural programs offered or supported by the Tribe or another tribe.

(5) Other Qualifying Assistance Programs. Programs to:

(A) Pay transportation costs such as rental cars, substantiated mileage, and fares for bus, taxi, and public transportation between an Indian reservation, service area, or service unit area and facilities that provide essential services to the public (such as medical facilities and grocery stores);

(B) Pay for the cost of transportation, temporary meals, and lodging of a Tribal member or qualified nonmember while the individual is receiving medical care away from home;

(C) Provide assistance to individuals in exigent circumstances (including but not limited to victims of abuse), including but not limited to the costs of food, clothing, shelter, transportation, auto repair bills, and similar expenses;

(D) Pay costs for temporary relocation and shelter for individuals displaced from their homes (including but not limited to situations in which a home is destroyed by a fire or natural disaster);

(E) Provide assistance for transportation emergencies (for example, when stranded away from home) in the form of transportation costs, a hotel room, and meals; and

(F) Pay the cost of nonprescription drugs (including but not limited to traditional Indian tribal medicines).

(c) Adults receiving assistance on behalf of minor Tribal members when either adult or minor has a representative payee must comply with the Puyallup Tribe’s Representative Payment Program mandates. The representative payee will provide general welfare assistance payments for the benefit of the minor(s), to be used for the needs and in the interests of the minor(s). The representative payee will be able to verify expenditures by requiring that receipts be provided to the representative payee to prove that expenditures are used on behalf of the child(ren) and in accordance with General Welfare Assistance Program use limitations or requirements. If receipts are not provided when requested by the representative payee, the representative payee may suspend the payments and shall file a report with the court and a hearing shall be scheduled as soon as possible, unless the matter is resolved. If this matter is resolved, payments may be resumed, and a new report shall be filed with the court informing the court that the issue has been resolved. The representative payee must send notice to the General Welfare Assistance Program when issues of misuse of general welfare assistance funds arise and/or are resolved.

(d) Neither the Puyallup Tribe nor the General Welfare Assistance Program can provide individual tax advice to applicants or members. Approved recipients of General Welfare Assistance Program payments are responsible for timely and accurate filing of their individual tax returns. Recipients of benefits are responsible for maintaining books, records, and receipts for substantiation to the IRS for individual income tax purposes. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

1.16.200 Application and documentation requirements.

(a) To be eligible for general welfare assistance payments applicants must have on file with the General Welfare Assistance Program a general welfare assistance application that is complete, verified, and approved by the Director, together with required supporting documents. Supporting documentation includes but is not limited to the following:

(1) Current, correct address. In order to remain eligible to receive general welfare assistance payments a written notice giving new addresses when s/he changes his/her mailing and/or physical address must be submitted to the General Welfare Assistance Program in writing;

(2) Copy of enrolled member’s birth certificate that has been certified by the Tribe’s Enrollment Department or agency responsible for such documents in the Tribal member’s state of birth;

(3) A written document from the Social Security Administration giving the enrolled member’s Social Security number. The Social Security number must match the Tribal member’s legal name.

(4) A Social Security number or other valid and verifiable individual income tax identification number issued by the United States federal government which also matches the legal name for the applicant;

(5) If applicable, a copy of the resolution disenrolling/relinquishing the member from the other tribe where the member disenrolled/relinquished; and

(6) An applicant must consent to the rules of the program, the laws of the Puyallup Tribe, and the jurisdiction of the Puyallup Tribal Court upon receipt of Puyallup Tribal benefits, and especially for or on behalf of an enrolled minor Tribal member or protected person in order to be an approved applicant.

(b) Updates to Custody Arrangements. Authorized care provider(s) and/or address changes must be submitted to the General Welfare Assistance Program no later than 30 calendar days after the change has occurred. This includes notice in the event of the death of either parent, authorized care provider, or minor.

(1) Failure to report any change listed in subsection (b) of this section may result in removal from the General Welfare Assistance Program and other Tribal assistance programs.

(2) Any action taken under this section does not waive the Tribe’s ability to seek reimbursement on behalf of the minor or Tribe.

(3) Enforcement of these requirements shall not preclude arrest or conviction for any other crimes or offenses, or infractions. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

1.16.210 Distribution of General Welfare Assistance Program funds.

(a) Funds Distributed on Behalf of Enrolled Minor Tribal Members. If general welfare assistance funds are distributed for the benefit of enrolled Tribal minors, funds will be distributed through the General Welfare Assistance Program and can only be disbursed to one applicant after the individual’s application has been filed and approved by the General Welfare Assistance Program. Only one payment will be distributed to one approved applicant. Payments will be distributed to an approved parent/legal guardian/authorized care provider with the following priority:

(1) If the minor has two Puyallup member parents in the household, one parent can submit an application, unless custody has been granted to the other parent via court order.

(2) If the minor has one Puyallup member parent in the household, that parent must submit an application unless custody has been granted to the other parent via court order.

(3) If the minor is not in the custody of a Puyallup parent, then one legal guardian (in cases where the minor is a ward) or one authorized care provider may submit the application. This may include an application packet through a Tribal representative.

(4) If a Tribal representative oversees the minor’s care, placement, or finances the Tribal representative application will receive priority consideration when the minor is a ward, or removed from home and placed with an authorized care provider, or ordered into the RPP.

(b) General welfare assistance payments received on behalf of a minor Tribal member must go to the home where the minor is physically residing the majority of the time to be used for the benefit and support of the minor per the use requirements of the General Welfare Assistance Program.

(c) Puyallup Tribal Court orders determining custody or guardianship of a minor must be followed in order to determine the distribution of general welfare assistance funds to a parent/authorized care provider. Only one check per minor will be issued to one approved applicant for the benefit of the minor.

(d) Adult Puyallup Tribal member protected persons are entitled to general welfare assistance payments in the same amount as provided to all Tribal member adults. Any payments provided to an adult protected person’s approved legal guardian applicant shall be for the adult protected person’s benefit. Only one payment will be provided to one approved applicant. The Puyallup Tribal Court has exclusive jurisdiction to hear all general welfare assistance matters regarding protected persons under applicable Tribal law.

(e) In the case of an eligible Tribal member whom the Tribe knows to be incarcerated in a penal institution, the Tribe shall, before it sends a general welfare assistance payment to the individual, mail to him or her a notice that s/he may choose:

(1) To receive the payment at the same time payments are issued to all Tribal members to the facility where the Tribal member is located, or centralized location where applicable based on correctional facility policy;

(2) Not to receive the payment until after s/he is released from incarceration; or

(3) To volunteer to enter the Tribe’s Representative Payment Program (“RPP”). The RPP will appoint a representative payee to assist the member with managing his/her per capita funds. The member would be required to follow the RPP’s applicable rules.

The Tribe shall not send the per capita payment to the individual until s/he has returned the notice indicating his/her choice. If an individual chooses not to receive the payment until after s/he is released from incarceration, the Tribe shall retain the funds and upon the individual’s release shall provide the funds to the individual after receipt of proof of release from incarceration and valid identification.

(f) Each general welfare assistance payment shall be sent by United States mail to the eligible Tribal member at the address that the Tribal member has provided in writing to the Tribe. In the case of a check that is returned by the Postal Service undelivered, the Tribe will release the check to the Tribal member upon presentation of picture identification deemed adequate by the Tribe, after s/he has provided the Enrollment Department with his/her current mailing address, and after s/he has executed a written acknowledgement that s/he has received the payment.

(g) The Puyallup Tribe shall not stop payment or reissue payment of any general welfare assistance payment except in the case of an error in the issuance or delivery of a check made by the Tribe, or in limited, excusable circumstances that do not indicate any wrongdoing on the part of the payee. Examples include, but are not limited to, the following:

(1) Checks accidentally damaged, such as washed or torn checks;

(2) Checks lost in the mail, that have not been cashed after a 10-day waiting period; and

(3) Stolen checks.

(h) Court orders affecting the distribution of general welfare assistance funds do not waive sovereign immunity and exclusive jurisdiction lies with the Puyallup Tribal Court. [Res. 200921 (09/20/21); Res. 270421 (04/27/2021); Res. 210121D (01/21/21)]

1.16.220 Disputes over appropriate disposition of general welfare assistance payments.

(a) The Puyallup Tribe, including its Tribal Court and Tribal benefits programs, will not recognize foreign court orders that direct custody, control, distribution, management, or the right to apply for Tribal general welfare assistance benefits. The Puyallup Tribe has exclusive jurisdiction to hear all general welfare assistance benefit matters in the Puyallup Tribal Court.

(b) If a case is heard in another court involving Puyallup Tribal minors or protected persons where general welfare assistance benefits are involved, parties are required to:

(1) File a motion to bifurcate the hearing so that general welfare assistance benefits matters are heard exclusively by the Puyallup Tribal Court; and

(2) File a motion in Puyallup Tribal Court requesting a hearing regarding the general welfare assistance benefit(s).

(c) If a case is being heard more than 50 miles from the Puyallup Tribal Court and general welfare assistance benefit issues are involved, parties have the option of moving for a telephonic hearing covering any general welfare assistance benefit issues relevant to the case. The Puyallup Tribal Court may grant a telephonic hearing if forum non conveniens issues create undue hardship for the parties.

(d) Those parties eligible for free advocacy services are entitled to utilize said services even though the hearing may be telephonic, so that the Puyallup Tribal Court can make a just determination regarding the general welfare assistance issue(s).

(e) In cases where there is a pending court proceeding to determine custody, potentially affect the right to apply for, or the right to manage the resources of a minor, the Tribe shall withhold the general welfare funds until that dispute is finally resolved by the court (including any appeals), or the parties to the proceeding provide a written agreement voluntarily requesting to enroll the minor(s) into the RPP; provided, however, that the Tribe shall not distribute a payment based on an emergency court order. The Puyallup Tribal Court acknowledges party status upon the Department and will send notices of case status and final orders for all such pending court proceedings.

(1) An exception to this subsection (e) allows an emergency general welfare assistance payment to be issued in dire circumstances when a child is in the legal custody of a court of competent jurisdiction. This emergency court order can only be issued by the Puyallup Tribal Court. It is entitled “Emergency General Welfare Assistance Program Ex Parte Order – Exception to § 1.16.220(e).”

(2) The Puyallup Tribal Court may refer the Puyallup Tribal minor(s) or protected person(s) to apply for the RPP while the issue or matter remains pending. The representative payee will monitor and distribute funds per the requirements of Chapter 1.12 PTC.

(3) In the case of equal joint custody orders where potential applicants are equally capable of managing the funds and resources of the Puyallup Tribe minor, the Puyallup Tribal Court should first be guided by the preferences stated in PTC 1.16.210 but then also has discretion to deviate from those preferences if the Court finds doing so is in the best interest of the minor Tribal member. The Court may then also order which potential applicant will apply to receive the funds and whether the approved applicant may also then be ordered to share those funds with the other equal and joint authorized care provider. If sharing is ordered then each authorized care provider must also be ordered therein to follow all policies, requirements, and laws associated with this chapter and the General Welfare Assistance Program; each authorized care provider must submit an application to the Department (though only one will be approved); and the custody order must also be included with the application packet submitted to the General Welfare Assistance Program.

(4) A second exception to this subsection (e) allows the Puyallup Tribal Court to issue a “stand-alone general welfare assistance payment” to be issued for special holiday or bonus payments when the enrolled minor member is not enrolled into the RPP; the authorized adult has an approved application on file with the General Welfare Assistance Program; and the Puyallup Tribal Court is assured that the person receiving the stand-alone order will use the funds according to program requirements. This exception is exclusive and does not apply to monthly general welfare assistance payments. This stand-alone order can only be issued by the Puyallup Tribal Court. It will be entitled “Stand-alone General Welfare Assistance Ex Parte Order – Special or Holiday Exception to § 1.16.220(e).”

(5) After notice of case status is sent to the Department, either by a motion of either of the parties or by the Puyallup Tribal Court, the Puyallup Tribal Court may issue a temporary order authorizing the release of general welfare payments for a minor during an ongoing dispute to a temporarily ordered applicant if it is determined after a scheduled evidentiary hearing that the Court is satisfied by a preponderance of the evidence:

(A) The minor is safely residing with an adult;

(B) The adult is capable and understands they will be required to use and manage the general welfare funds for the benefit of the minor;

(C) The adult understands and agrees to track how the funds were spent in accordance with the general welfare ordinance; if the Puyallup Tribal Court has reason to suspect fraud or misuse may have occurred without advanced notice, it may require the filing of proof the funds were spent properly;

(D) The adult agrees to be responsible for any misuse pursuant to PTC 1.16.230, including failure to notify the Puyallup Tribal Court of any change in circumstance, such as a change of residence for the minor; and

(E) Proper notice has been made to the other parent; provided, that reasonable efforts may be relied upon to ensure the well-being of the minor.

This does not preempt subsections (e)(1) through (e)(4) of this section, nor preempt RPP laws, and does not automatically qualify the temporarily ordered applicant or impact eligibility for either the temporarily ordered applicant or the minor.

(f) Tribal representatives must monitor the use of general welfare assistance funds that are distributed for or on behalf of Tribal member minors in their program. Where an allegation is made in a proceeding before the Tribal Court that an adult receiving benefits on behalf of a minor member may mismanage benefits or funds received on behalf of a minor, the Tribal Court shall not order any change in the distribution of payment unless and until there has been an investigation and report by Children’s Services or other appropriate agency.

(g) If Children’s Services conducts an investigation and finds that funds or benefits to be received on behalf of a minor are at risk of being mismanaged, or are being mismanaged, Children’s Services may file an emergency motion with the Court. In this motion, Children’s Services may request the following:

(1) That all funds to be received from the Tribe be suspended until a final court order is issued; and/or

(2) That all future payments issued on behalf of the minor be diverted to a representative payee of the Puyallup Tribe. The representative payee will then provide payments for the benefit of the minor(s) to the current authorized care provider, only to be used for the needs and in the interests of the minor. The representative payee will be able to verify expenditures by requiring that receipts be provided to the Representative Payment Program to prove that expenditures are used on behalf of the child(ren) and in accordance with any fund source use limitations or requirements. If receipts are not provided, the representative payee may suspend payments and shall file a report with the court. If this matter is resolved, payments may be resumed, and a new report shall be filed with the court informing the court that the issue has been resolved. [Res. 300323 (03/30/23); Res. 200921 (09/20/21); Res. 270421 (04/27/2021); Res. 210121D (01/21/21)]

1.16.230 Penalties for misuse or mismanagement of General Welfare Assistance Program benefits.

(a) If any person becomes aware that an individual is misusing general welfare assistance funds, or is misusing or mismanaging the general welfare assistance of an enrolled protected person or enrolled minor Tribal member(s), he/she shall file a report with the Director who shall immediately cause an investigation to occur. The reporting party must place his/her concerns in writing, accompanied by his/her signature.

(b) The Director, on behalf of the General Welfare Assistance Program, can determine whether an individual has misused or mismanaged general welfare assistance payments. The standard of review of the Director’s determination is by a “preponderance of the evidence.”

(1) If the Director determines that misuse or mismanagement occurred, the General Welfare Assistance Program will seek to resolve this by a written settlement agreement to repay the funds.

If the person determined to have misused or mismanaged general welfare assistance funds is an adult enrolled Tribal member they will not be eligible to remain on the General Welfare Assistance Program while in a payback period, nor will they be able to receive other Tribal program benefits for themselves or on behalf of others. They will be returned to receiving per capita funds under the Per Capita Ordinance. However, while in this payback period the Per Capita Department shall withhold future per capita payments in order to make and contribute to restitution payments owed to the Tribe or other injured party.

If an agreement cannot be reached, or the agreement is not being followed, the following may occur:

(A) A referral to the Representative Payment Program (“RPP”) for management of funds.

(B) The issuance of a 1099-Misc Income Tax Form because the individual did not correct the misuse or mismanagement within a reasonable period of time after notice was sent.

(C) Suspension or removal from the General Welfare Assistance Program as determined by the Director to protect the integrity of the program, a minor, or protected person. A removed individual may request a court hearing. The standard of review is by a “preponderance of the evidence.” Adult Tribal members who are removed will become eligible for receiving per capita payments in accordance with the Per Capita Ordinance upon a final order affirming the removal or upon their written agreement to accept the removal and return to receiving per capita payments.

(D) If a person disagrees with the Director’s determination, a hearing may be requested at the Puyallup Tribal Court. The Director may file complaints or counter complaints of misuse or mismanagement of general welfare assistance funds to the Puyallup Tribal Court and seek a just and equitable outcome on behalf of an enrolled protected person, enrolled minor member, and/or the Tribe.

(c) The Puyallup Tribal Court is granted full authority to issue any order to provide a just and equitable outcome on behalf of a minor, protected person, and/or the Tribe. [Res. 200921 (09/20/21); Res. 210121D (01/21/21)]

1.16.240 Administrative procedures for Department records request.

Tribal member’s personal and financial information that is kept by the Department is considered sensitive information and confidential. Requests for records will be evaluated on a case-by-case basis and approved or denied within 30 days of receipt of request.

All requests for information or records that are not based on execution of an approved Council Determination Report (“CDR”) shall be requested by filling out a Department records request form. This form is available at the Department or through contacting the Department for an electronic copy.

Puyallup Tribe Law Office requests for information or records based on execution of a CDR are exempt from the records request form requirements, and require production of information or documentation within 72 hours of request, excluding weekends and holidays. [Res. 200921 (09/20/21)]