[WSBAPT] Tribal guardianship v. legal adoption

Mon Jun 27 19:01:37 PDT 2022

  Law Office of
F.ANDREKITA SILVA
_______________________________________________________  

June 27, 2022    

Dalynne,

If a guardianship order was entered in tribal court, someone was  
either residing in the Native American community or was a Native  
American living outside of the community in order for the tribal court  
to have had jurisdiction.  However, it’s not clear if this  
incarcerated guy is a Native American guy who is resisting a new  
guardian being appointed, OR if he is a non Native American and he is  
claiming inheritance rights as a result of having a Native American  
guardian.

Robert is correct that each tribe has its own rules regarding tribal  
membership/ court jurisdiction/ and court proceedings. Generally,  
tribes require a certain lineage and/ or a certain quantum of tribal  
blood to be an enrolled member.  In the context of guardianships and/  
or adoptions, some tribes are quite militant and protective of their  
population. while others are not.

If the question is whether a new guardian should be appointed, ICWA  
(Indian Child Welfare Act) applies in both guardianship and adoption  
proceedings. A guardianship petition requires disclosure of a child’s  
Indian (Native American) or lack of Native American / Indian status.   
The tribe would have to be contacted to see what their rules are and  
if they wish to intervene.

If this guy is a non-native American claiming inheritance rights from  
his deceased Native American guardian, on the basis that he was  
actually adopted, you will need to contact the tribe to find out their  
rules.  

I’ve never seen a guardianship order issued by a trial court, so I  
don’t know what it might say as to the status of bio parents.   
However, if the tribe permits the establishment of a guardian without  
termination (as our state courts do), it seems like this person still  
has two bio parents who are his actual legal parents. Many years ago,  
I researched this issue for a client. I don’t recall the tribe but the  
fact of an adoption didn’t change the potential adoptees status with  
the tribe as it was the blood quantum that mattered.

andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com

Quoting "Robert R. Cole" <cole-gilday at stanwoodlaw.net>:

> That would be up to the individual tribe; each has their own laws  
> and customs.
>
>      
>
>      
>
>      
>
>      
>
>      
>
>      
>
>     Very Truly Yours,
>
>     Robert R. Cole
>
>     Law Office of Cole & Gilday, P.C.
>
>      
>
>      
>
>      
>
>     10101 - 270th St. NW
>
>     Stanwood, WA 98292
>
>     (360) 629-2900 (Telephone)
>
>     (360) 629-0220 (Fax)
>
>      
>
>      
>
>      
>
>     This message contains confidential and privileged information  
> that is intended only for the named recipient(s).  Unless you are  
> the named recipient or authorized agent thereof, you are prohibited  
> from reading, copying, distributing or otherwise disseminating such  
> information.  If you receive this communication in error, please  
> notify the sender immediately.
>
>      
>
>      
>
>      
>
>   On 6/27/2022 4:39 PM, Dalynne Singleton wrote:
>
>> I have a client’s sister who died that was the guardian of a young man. 
>>
>>      
>>
>>     That young man is now serving 30 + years in prison.  He claims  
>> the guardianship is equal to an adoption in tribal court.
>>
>>      
>>
>>     Does anyone have experience and a cite to tribal law that  
>> verifies this or is this guardianship the same as in state court,  
>> just a guardianship and not legal adoption?
>>
>>      
>>
>>      
>>
>>      
>>
>>      
>>
>>     /DALYNNE SINGLETON/
>>
>>      
>>
>>     GOURLEY LAW GROUP
>>
>>      
>>
>>     SNOHOMISH ESCROW
>>
>>      
>>
>>     THE EXCHANGE CONNECTION
>>
>>      
>>
>>     1002 10th Street / PO Box 1091
>>
>>      
>>
>>     Snohomish, WA 98291
>>
>>      
>>
>>     360.568.5065
>>
>>      
>>
>>     360.568.1717  fax
>>
>>      
>>
>>     _dalynne at glgmail.com_
>>
>>      
>>
>>     _Website:  www.glglawgroup.com[1]_
>>
>>      
>>
>>     As we face the challenges presented by COVID-19,  
>> Attorney/client meetings will be handled by teleconference or  
>> virtually whenever possible.  I am working remotely and available  
>> by email, telephone, in-person or zoom.  If you would like to set a  
>> conference with me, please call or email my paralegal  
>> theresa at glgmail.com, angelina at glgmail.com or cameron at glgmail.com.
>>
>>      
>>
>>     /LICENSED// IN WASHINGTON AND OREGON/
>>
>>      
>>
>>     IMPORTANT/CONFIDENTIAL: This e-mail message (and any  
>> attachments accompanying it) may contain confidential information,  
>> including information protected by attorney-client privilege. The  
>> information is intended only for the use of the intended  
>> recipient(s).  Delivery of this message to anyone other than the  
>> intended recipient(s) is not intended to waive any privilege or  
>> otherwise detract from the confidentiality of the message.  If you  
>> are not the intended recipient, or if this message has been  
>> addressed to you in error, do not read, disclose, reproduce,  
>> distribute, disseminate or otherwise use this transmission, rather,  
>> please promptly notify the sender by reply e-mail, and then destroy  
>> all copies of the message and its attachments, if any.
>>
>>      
>>
>>        [2]
>>
>>      
>>
>>      
>>
>>      
>>
>>      
>>
>>    ***Disclaimer: Please note that RPPT listserv participation is  
>> not restricted to practicing attorneys and may include  
>> non-practicing attorneys, law students, professionals working in  
>> related fields, and  
>> others.***_______________________________________________WSBAPT  
>> mailing  
>> listWSBAPT at lists.wsbarppt.comhttp://mailman.fsr.com/mailman/listinfo/wsbapt

Links:
------
[1] http://www.glglawgroup.com/
[2]  
https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=
  andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220627/1e15b424/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 5410 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220627/1e15b424/image001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.gif
Type: image/gif
Size: 4747 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220627/1e15b424/image002.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 1524 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220627/1e15b424/image003.png>