Chapter 7.12 GUARDIANSHIP OF MINORS CODE

This subchapter provides a process for empowering a person who is not a child’s parent to perform the duties of a primary caregiver, without terminating the parental rights of the parent. It has long been the custom of the Puyallup Tribe that a child may be cared for by persons other than a parent, without excluding the parent from the child’s life. It is intended that this chapter be applied with flexibility for a variety of family situations and problems.

For example, guardianship may be used to give a child’s grandparents authority to enroll a child in school and obtain medical care for him or her. A young mother may wish to use guardianship rather than give a child up for adoption. Foster families may petition for guardianship if it appears the child will not be returning to the parent in the near future. A guardianship may be desirable if a child’s parents are dead or have abandoned the child. Another jurisdiction may have terminated the parental rights of the parents but have not arranged for or completed an adoption. This list is by way of example only and is not intended to limit the uses of guardianship.

Please see the Vulnerable Tribal Adult Protection Code for the guardianship of adults (Chapter 7.28 PTC). [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 1]

7.12.020 Petition for guardianship – Who may file.

Any person, or their Presenting Officer, at least 18 years old may file a petition with the Court requesting that he or she be appointed as a guardian of a child. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 2]

7.12.030 Representation of Children’s Services Department.

The Puyallup Tribal Prosecutor’s Office shall represent the Puyallup Tribe’s Children’s Services Department as Presenting Officer, or otherwise, in all matters and proceedings under this Code, absent a conflict of interest. [Res. 141015A (10/14/15)]

7.12.040 Contents.

A petition for appointment of a guardian shall be in writing and shall include:

(a) The name, birth date, residence, and tribal status of the child who is the subject of the petition;

(b) The name, birth date, residence, and tribal status, if known, of the child’s parent(s) and of the petitioner(s);

(d) A statement by the petitioner(s) of the facts and reasons supporting his or her request to be appointed as a guardian. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 3. Formerly 7.12.030]

7.12.050 Setting the hearing.

When the Court receives the petition, it shall set a hearing date, which shall not be more than 40 calendar days after the Court received the petition, unless continued for good cause. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 4. Formerly 7.12.040]

7.12.060 Notice of hearing.

Notice of hearing shall be given at least 20 calendar days before the hearing. The notice shall include the date, time, and place of the hearing and a copy of the petition. The notice shall be served on:

(a) The petitioner(s);

(b) The child’s parent(s);

(d) Any person the Court deems necessary for proper adjudication. The Court may discover that additional persons should be notified after the guardianship proceedings are in progress. The Court may continue the proceedings in order to give those persons notice;

(e) Any witness the parties may believe necessary for the hearings; and

(f) If the child is not enrolled in the Puyallup Tribe, any tribe the child is enrolled in or is eligible for enrollment shall be notified.

Notice may be served on the child if the Court in its discretion deems it appropriate. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 5. Formerly 7.12.050]

7.12.070 Guardianship report – Preparation.

The petitioner(s) shall arrange to have a guardianship report prepared by Puyallup Tribe’s Children’s Services, and the Puyallup Tribe’s Children’s Court Counselor, or by another professional who is deemed qualified and appointed by the Court to prepare such report. The agency preparing the report shall conduct a complete home study and shall consult with the child’s parent(s); all health, education, and social service personnel who have had prior professional contacts with the child; and with the petitioner(s) to determine whether appointment of a guardian would be in the best interest of the child. A check of the criminal records, if any, of the petitioners shall be requested from state and Tribal law enforcement authorities. Any evidence of alcohol or drug abuse shall be reported. The guardianship report shall be in writing and contain the professional opinions of all persons consulted. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 6. Formerly 7.12.060]

7.12.080 Guardianship report – Service.

Petitioner(s) shall file the guardianship report with the Court at least 10 calendar days before the hearing. The Court Clerk shall provide copies of the report to all parties at least five days before the hearing. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 7. Formerly 7.12.070]

7.12.090 Additional reports.

Any party may file with the Court at least 10 calendar days before the hearing recommendations regarding the guardianship. The party shall provide copies of the report to all other parties, at least five days before the hearing. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 8. Formerly 7.12.080]

7.12.100 Guardianship hearing – Conduct.

The hearing shall be private and closed. Only those persons the Court finds to have a legitimate interest in the proceedings may attend. The Court shall hear testimony to determine whether guardianship is in the best interest of the child and the Tribal community. The Court shall consider all guardianship reports submitted for review. All parties shall be given the opportunity to contest the factual contents and conclusions of the guardianship reports. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 9. Formerly 7.12.090]

7.12.110 Grounds for appointing a guardian and burden of proof.

The Court may appoint a guardian where (a) the parent(s) of the child has/have consented in writing to the guardianship; the parent is dead; or the child is in need of care as defined under this Code; and (b) the following conditions have been proved by clear and convincing evidence:

(1) Appointment of a guardian is in the best interest of the child and the Tribal community; and

(2) That the petitioner(s) can provide appropriate and adequate parental care for the child. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 10. Formerly 7.12.100]

7.12.120 Placement preference.

The Court shall be guided by the following placement preferences in appointing a guardian. The Court may deny a petitioner’s request to be appointed as a guardian if the petitioner does not fall into one of these categories:

(a) A member of the child’s extended family;

(b) A member of the Puyallup Tribe or of the Puyallup Indian community, which shall include persons living on or near the Puyallup Indian Reservation who participate in Tribal activities and are a part of the Tribal community, based on evidence presented at the hearing;

(d) If the above criteria cannot be met, for good cause shown, placement may be made with any person who has knowledge of and a desire to foster the child’s Tribal affiliation and special needs. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 11. Formerly 7.12.110]

7.12.130 Order of appointment – Powers of guardian.

If the Court orders the appointment of a guardian, the order shall declare the child to be a ward of the Court. Unless limited by the Court, the duties and powers assigned to a guardian shall be those of a parent toward his or her child, including but not limited to:

(a) The guardian shall assure that the child receives adequate food, clothing, health and other professional care, shelter, and education, as needed and appropriate;

(b) A guardian is legally and morally responsible for acts of the child, pursuant to the laws of the Puyallup Tribe;

(c) If expressly authorized by the Court, a guardian may bring lawsuits on behalf of the child and otherwise represent the child in legal proceedings;

(d) The guardians have a duty to provide timely informed consent to necessary medical procedures; and

(e) The guardianship shall not affect the child’s inheritance rights. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 12. Formerly 7.12.120]

7.12.140 Appointment of guardian for a child’s property.

The Court may appoint a person or financial institution to be the guardian of a child’s property. This may be a different person than the guardian who provides direct care to the child. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 13. Formerly 7.12.130]

7.12.150 Existing trusts.

If the child’s property is subject to a trust (for example, where a parent has died leaving property to a child in a trust set up in the will), the guardian is bound by the trust provisions. The Court has the power to review any trust in connection with appointment of a guardian and to impose any protections necessary to enforce the trust, to ensure that the guardian fully and regularly accounts for trust funds, and to see that the funds are properly managed. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 14. Formerly 7.12.140]

7.12.160 Removal of guardian.

The Court has the power to remove a guardian and appoint a replacement guardian when clear and convincing evidence indicates it would be in the child’s best interest. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 15. Formerly 7.12.150]

7.12.170 Creating a Tribal trust.

If a trust has not already been established to administer a child’s property, the Court may create a trust for the benefit of a child and appoint the Puyallup Tribe as a trustee of the funds. The following rules apply to such trusts:

(a) The Tribe shall place the trust funds in a separate, safe, interest-bearing account such as those used by the Tribe for its other funds. The account shall be a “blocked account” which allows disbursement only upon order of the Puyallup Tribal Court. The account shall be identified in the name of the Puyallup Tribe as trustee for the named child or children. The funds shall at all times remain in the exclusive jurisdiction of the Puyallup Tribe.

(b) The purpose of the trust shall be to preserve the principal and interest until the child is eligible to receive his or her share of the funds at 21 years of age.

(c) The child’s guardians, appointed under PTC 7.12.130, shall be financially responsible for the child’s needs and for arranging all available benefits and services for which the child is eligible. No portion of the trust funds may be disbursed prior to the child’s twenty-first birthday except upon a showing of extreme hardship to the child. The Tribe or the guardian may petition the Court in such a case to request a hearing. If the Court finds that extreme hardship to the child exists, and no other resources are available to meet the child’s needs, it may order disbursement of a specified amount of funds for a specified purpose. The Court shall require a written accounting to be filed with the Court documenting all expenditures. If more than one disbursement will be necessary (e.g., monthly payments) the Court may so order.

(d) The Tribe shall provide the Court with an annual accounting of the trust and an accounting prior to and after any disbursement, including a final distribution to a child upon reaching age 21.

(e) A child shall, on or after his twenty-first birthday, petition the Court to order distribution of his share, free of trust. The child shall provide the Court with a certified copy of his or her birth certificate or an affidavit from Tribal Enrollment as proof of age.

(f) If there is more than one child whose funds are in the same trust, each child may petition for his or her share as he or she comes of age, with the remaining funds remaining in trust for those who have not reached age 21.

(g) If a child dies before reaching age 21, his or her share shall be paid to his or her estate. If his or her heirs are other children in the trust, the funds may remain in trust, subject to approval of the Puyallup Tribal Court.

(h) The Tribe may petition the Court at any time to clarify its obligations under this section.

(i) All records and files maintained in connection with this section shall be confidential. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 16. Formerly 7.12.160]

7.12.180 Change of address – Limits, notice.

The guardian shall not move outside a 30-mile radius of the Puyallup Indian Reservation boundaries without prior Court approval. Guardians shall immediately notify the Court, in writing, of any change of address. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 17. Formerly 7.12.170]

7.12.190 Visitation.

The Court may order visitation between the child and parent(s) or any other person, in the best interest of the child and of the Tribal community. The Court may specify in the order that supervision is required or may impose other requirements to protect the child. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 18. Formerly 7.12.180]

7.12.200 Court review.

The Court shall state in all guardianship orders whether review hearings shall be required and, if so, the frequency of such hearings. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 19. Formerly 7.12.190]

7.12.210 Termination of guardianship.

Generally, a guardianship shall terminate upon the death, marriage, adoption, or eighteenth birthday of the child (unless continued by the Court under Chapter 7.28 PTC, relating to guardianship of disabled adults) or upon order of the Court. Guardians of Tribal trusts shall serve until all trust funds have been distributed under the terms of the trust. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 010290 (02/01/90) Ch. 1, § 20. Formerly 7.12.200]

Subchapter 2. Miscellaneous

7.12.220 Appeals.

Appeals from any order of the Puyallup Tribal Court issued under Subchapter 1 of this Code shall be made in accordance with the Appellate Procedures Code of the Puyallup Tribe (Chapter 4.16 PTC, Subchapter 5). [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 160490 (04/16/90); Res. 010290 (02/01/90) Ch. 2, § 15. Formerly 7.12.210]

7.12.230 Repealing prior inconsistent enactments.

Any prior enactment by the Puyallup Tribal Council which is found to be inconsistent with this Code is hereby repealed. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 160490 (04/16/90); Res. 010290 (02/01/90) Ch. 2, § 16. Formerly 7.12.220]

7.12.240 Severability.

If any provision of this Code or its application to any person or circumstances is held invalid, the remainder of the Code or the application of the provision to other persons or circumstances is not affected. [Res. 141015A (10/14/15); Res. 020915A (09/02/15); Res. 160490 (04/16/90); Res. 010290 (02/01/90) Ch. 2, § 17. Formerly 7.12.230]