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Coushatta Tribe of Louisiana Judicial Codes

Approved: 1998; Last amended: 2004

RESOLUTION No. 99 - 01


Initiation of Procedure for Future Withdrawals from
Minor's Trust fund

WHEREAS, the Coushatta Tribe of Louisiana ("the Tribe") is a sovereign Indian Nation and is recognized as such by the United States of America; and

WHEREAS, the Coushatta Tribal Council is the duly elected governing body of the Coushatta Tribe of Louisiana; and

WHEREAS, an inherent part of sovereignty is providing a means to carry out the programs of the Tribe that are designed to provide for the needs of the Coushatta Tribal members; and

WHEREAS, pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. § 2710(b)(2) and Council Resolution No. 95-4, trusts were established for the Coushatta Tribe Minors in 1995 and are established on a continuing basis; and

WHEREAS, Article III(D) of each such Trust Agreement allows the Trustee, at the direction of the Tribal Council, "to disburse from the Trust corpus, any of the Trust estate . . , such amounts as the Tribal Council may deem advisable, to provide adequately and properly for the health, education, maintenance and support of the Beneficiary"; and

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 support of the minor child, the parent or guardian must apply to the Tribal Court for a ruling on the need for such disbursement; and

WHEREAS, the Coushatta Tribal Council recognizes that all parents of minor children occasionally require access to funds to meet the needs of the minor child for items such as clothes, school supplies or other items; and

WHEREAS, the Coushatta Tribal Council has determined that a parent or guardian of a minor child will likely require funds from the child's Minor Trust Fund and that $2000 per year, available in two installments per year of $l000 each, will be the maximum amount deemed necessary as a matter of Tribal Law, to provide adequately and properly for the health, education, maintenance and support of the minor child;

NOW, THEREFORE, BE IT RESOLVED, that the Coushatta Tribal Council hereby declares a policy and enacts a procedure whereby a parent or guardian of a minor child may request a maximum distribution of up to $2000 per year, in two installments of $1000 each (one in August and one in December or as the Council deems advisable), and that each request will be submitted to the Tribal Council for its review and recommendation. Any request for a disbursement of amounts beyond the $2000 per calendar year shall be submitted to the Judge of the Coushatta Tribal Council, who shall make a determination regarding the minor child's need for additional funds and the parent or guardian's justification for requesting additional funds.

BE IT FURTHER RESOLVED, that the Tribal Court shall require a written justification for the request, including a detailed budget of expenses, and 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 for such further distribution exists, the Court shall issue a court order to that effect which may include a written opinion by the Court.


CERTIFICATION

This resolution was duly acted upon by the following Council Members at a meeting held on January 5, 1998, with a quorum present.

 

                            /s/                            
LOVELIN PONCHO - Chairman

                            /s/                            
HORACE WILLIAMS - Vice Chairman

                            /s/                            
WINSTON JOHN
                            /s/                            
LEONARD BATTISE
                            /s/                            
SANFORD ROBINSON
 
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