Judicial Code

Welfare Fund Ordinance

The Tribal Council of the Prairie Island Indian Community hereby ordains:

Section I.PURPOSE AND AUTHORITY

The purpose of the Welfare Fund policy is to define the areas of need for Prairie Island Indian Community tribal members and to expend amounts appropriate from the Prairie Island Indian Community Welfare Fund.  It is also a guide for the Prairie Island Indian Community Family Services Director to follow in order to make recommendations to the Tribal Council for making decisions on expenditures.

The Welfare Fund is a means for Prairie Island Indian Community tribal members to gain a healthy lifestyle.  It is the commitment of the tribe to provide services that will empower the tribal members to become responsible and accountable members, parents, children, and future leaders.  It is also a financial assistance program that will alleviate financial stress for tribal members with unforeseen medical/dental expenses or when faced with an emergency situation.

The Prairie Island Indian Community Welfare Fund shall be used for the following purposes:

A.Chemical Dependency Treatment

B. Out-of-Home Placement

C. Orphans

D.Emergency Situations

E. Home Health Care

Section II. DEFINITIONS

Welfare Funds are funds available to meet the immediate and/or emergency needs of Prairie Island Indian Community tribal members.

A."Orphan" means the child of a deceased Prairie Island Indian Community tribal member.

B. "Emergency" means an Act of God including, but not limited to:

    i.Fire

ii.Tornado

iii.Flood

iv.Hurricane

v.Mudslides

vi.Earthquake

vii.Avalanche

viii.Other Catastrophic Disaster

C. "Home Health Care" means home health care services provided to a

Prairie Island Indian Community tribal member who incurs indebtedness not covered by private insurance or federal or state funds (ie. Medicaid and Medicare).

D. "Misappropriation, Fraud or Theft to Prairie Island Indian Community" means the unauthorized, improper or unlawful use and taking of funds, monies, or other personal property that belongs to the Prairie Island Indian Community without Prairie Island Indian Community's consent and with intent to deprive Prairie Island Indian Community of the value of said property.

E.“Respite Care” means that care provided by a non-relative to a child(ren)

not in foster care placement, at a rate of $50 per day.

Section III. ELIGIBILITY FOR WELFARE FUNDS

Eligibility for Welfare Fund disbursement is conditioned on the following:

A. A Prairie Island Indian Community Welfare Fund recipient must be a Prairie Island Indian Community tribal member or eligible for membership.

B. An Application for Social Services shall be completed with the Prairie Island Indian Community Family Services Director. (See Application for Social Services, attached hereto as Exhibit A).

C. Orphans.

D. Emergency Situations.

E. Home Health Care.

Section IV. APPROVAL AND PROCEDURES

A.Approval.  All expenditures from the Welfare Fund shall be approved by the Prairie Island Indian Community Family Services Director.

B.Procedure.  The parent/guardian requesting medical/dental financial assistance shall present a written request to be submitted to the Prairie Island Indian Community Family Services Director.  A written request is available to the parent/guardian after all other funds have been exhausted and/or denied such as:  Indian Health Services, Consolidated Treatment Funds, and Health Insurance.  All medical equipment purchased by Indian Health Services and Prairie Island Indian Community becomes the property of the tribe and shall be inventoried as tribal property by the Property and Supply Coordinator.  Said medical equipment must be returned to the tribe immediately after the property is no longer needed by the family/individual so that it can be available for the next person.  The parent/guardian shall sign an agreement to this effect prior to the purchase of any medical equipment.

All invoices/receipts for expenditures shall be submitted to the Prairie Island Indian Community Family Services Director for processing and record keeping purposes. The invoices/receipts for expenditures shall then be forwarded to Tribal Council and the Accounting Department for payment.

Section V. POLICIES AND PROCEDURES FOR ASSESSING WELFARE FUND NEED

A .Chemical Dependency Treatment.

1.Insurance benefits shall be exhausted.

2.Complete a Rule 25 Assessment.

3.Tribal member shall complete the Application for Social Services and work cooperatively with the assigned case worker.

4.All individuals entering a residential chemical dependency treatment facility shall sign the Prairie Island Indian Community Chemical Dependency Services Agreement.  This Agreement shall be signed by the individual prior to the individual’s admittance to the residential treatment facility.  Note:  Indian Health Services does not cover any residential treatment costs. (See Prairie Island Indian Community Chemical Dependency Services Agreement, attached hereto as Exhibit B).

5. All costs incurred for halfway houses and aftercare for minors shall be paid by the minor child’s parent, dollar for dollar, after the $25,000 lifetime insurance benefit for chemical dependency is exhausted.  If the minor child is an orphan, then the Welfare Fund shall pay 100% of the minor child’s halfway house or aftercare expenses, without reimbursement from the child.

6. All costs for halfway houses and aftercare for adults shall be paid by the adult, dollar for dollar, after the $25,000 lifetime insurance benefit is exhausted[1].

            B.Out-of-Home Placements.

                        1.Foster Care

i.Foster care payments shall be $1,000 per month per child for infants through the age of 18 years.  Foster care payments shall be directly deducted from the tribal member’s per capita distribution, dollar for dollar, on a monthly basis.  No signed agreement is necessary for per cap deduction, if placement is court ordered.

ii.Medical/Dental co-payments not covered by insurance or Indian Health Services.

iii.Annual clothing allowance of $500 per child for infants through the age of 18 years, if not otherwise received through the Education Department.

iv.Daycare expenses for all minors under the age of 13 years shall be covered for the foster parent(s) only during hours the foster parent(s) is gainfully employed outside the home or if day care is deemed necessary by the case worker for child development purposes.  All daycare rates shall be established by the existing rates being charged by licensed day care providers.  Day care expenses for all minors in out-of-home placement should be covered by foster parents effective June 4, 2001.[2]

v.Respite Care shall be paid to a non-relative for children not already in foster care placement at a rate of $50 per day.

vi.Special needs that will require certain equipment or care shall be reviewed by the Prairie Island Indian Community Family Services Director prior to approval.

Parent(s) of child(ren) in foster care are expected to work cooperatively with the case worker to ensure reunification.  If the parent(s) does not work cooperatively with the case worker and the child(ren) is in foster care for a period of twelve to eighteen months, parental rights may be terminated by the court.

All costs for foster care must be pre-approved by the Prairie Island Indian Community Family Services Director.

2.Residential Group Home Facility

i.Child(ren) must be referred or recommended for restrictive living environment based on an assessment and/or has proven to be a runaway from other non-restrictive facilities. A case worker from the Prairie Island Indian Community Family Services Department shall make this determination.

ii.A child may be court-ordered into a residential group home facility.

iii. A legal parent and/or guardian who voluntarily places the child(ren) in foster care shall complete the Application for Social Services with the Prairie Island Indian Community Family Services Director.

            C.Home Health Care

1.If a Prairie Island Indian Community tribal member needs financial assistance for medical costs, he/she must:

i.Be referred to Contract Health Services.

ii.Submit a written request for home health care services to the

Prairie Island Indian Community Family Services Director.

2.Medical need must be verified by a physician, psychiatrist, and/or dentist.

3.A letter stating denial of Home Health Care services by insurance and Indian Health Services must be submitted to the Prairie Island Indian Community Family Services Director.

4.Home Health Care services include, but are not limited to:  handicapped accessible ramps, doors, and bathroom accessories that will allow mobility throughout the home.  All medical equipment purchased by Indian Health Services and the Prairie Island Indian Community becomes the property of the tribe and shall be inventoried as tribal property by the Property and Supply Coordinator.

D.Orphans

1.An orphan is eligible for the following Welfare Fund disbursements:

i.The legal guardian of the minor shall be paid $1,000.00 per month to care for the child.

ii.All medical, dental, and life insurance policies for the orphan shall be the Tribe' s responsibility.

iii.All educational expenses of the orphan shall be the responsibility of the Tribe.

iv.All special needs of an orphan shall be brought before the Prairie Island Indian Community Family Services Director by the legal guardian(s).

v.No reimbursement is expected from orphans or their legal guardian(s).

vi.If an orphan is placed outside of the legal guardian's home, monthly payments of $1,000.00 shall be made to the placement agency or provider who is awarded to care for the child and monthly payments to the legal guardian(s) shall immediately cease.

E. Emergency Funds

1.To access the Welfare Fund for an emergency, the Prairie Island Indian Community tribal member shall complete an Application for Social Services with the Prairie Island Indian Community Family Services Director.

2. The Prairie Island Indian Community tribal member shall be entitled to receive up to $5,000 per disaster paid directly to the vendor for goods or services rendered.  There is no limitation with respect to how often a tribal member may use the Welfare Fund for an emergency.

Section VI.REIMBURSEMENT POLICY

A.General Rule. Welfare funds are not entitlements and must be reimbursed.  The expenditure of Welfare Funds are at the discretion of the Prairie Island Indian Community Family Services Director and Tribal Council. This Ordinance and the benefits that are generated by this Ordinance do not create a right, claim, or benefit in law or equity to anyone under any theory including, but not limited to, subrogation third party beneficiary, estoppel, contract or tort.

B.Exception.  Any Welfare Funds expended on behalf of orphans, home health care, and emergency situations do not require reimbursement.

Section VII.REIMBURSEMENT PROCEDURE

Commencing March 1, 2000, the Prairie Island Indian Community Accounting Department shall have the authority to make deductions from Prairie Island Indian Community tribal member’s per capita distributions for future and arrearage reimbursement purposes as follows:

A. Future Reimbursement-Ordinary Cases

1.Direct dollar-for-dollar deductions from the tribal member's per capita distribution every month.

2. Immediate suspension of borrowing privileges from the Prairie Island Indian Community tribal loan programs when a tribal member is indebted to the Prairie Island Indian Community Welfare Fund.

3. Any and all costs incurred by the Prairie Island Indian Community on behalf of a child(ren) in which the Prairie Island Indian Community Child Welfare Office is administering or has administered services shall be subject to reimbursement.

B.Future Reimbursement-Extraordinary Cases

1. Direct dollar-for-dollar deductions from the tribal member's per capita distribution every month.

2. Immediate suspension of borrowing privileges from the Prairie Island Indian Community tribal loan programs when a tribal member is indebted to the Prairie Island Indian Community Welfare Fund.

3. Any and all costs incurred by the Prairie Island Indian Community on behalf of a child(ren) in which the Prairie Island Indian Community Child Welfare Office is administering or has administered services shall be subject to reimbursement.

5.Minor Prairie Island Indian Community tribal members under the age of 18 years who have children shall have the tribal member grandparent(s) pay the foster care payments for their child(ren) and grandchild(ren) until the child(ren) is emancipated.  Upon emancipation the minor child shall be 100% responsible for the future foster care payments for their child(ren).  The grandparent(s) shall continue to be responsible for any and all arrearages on their child(ren) and/or grandchild(ren) while the child(ren) was a minor until the arrearages are paid in full.

The following example is intended to assist in the interpretation of this Ordinance.  The example is not intended to exclusively address each and every circumstance that applies to this Ordinance:

Example:  Susy, age 16, has a baby. Susy's tribal member Mom is financially responsible for Susy and her baby until Susy turns 18. When Susy turns 18, Mom's arrearages on Susy and baby are $40,000. Mom is still responsible for reimbursing the Welfare Fund for the full $40,000 even though Susy turned 18.  When Susy turns 18, she is now financially responsible for foster care payments for her child.

5.If a Prairie Island Indian Community tribal member does not have adequate monies available in his/her per capita distribution to cover the monthly dollar-for-dollar deduction to reimburse the Welfare Fund, the priority of said deductions shall be followed according to the chart set forth in paragraph E below.

C.Arrearage Reimbursement- Ordinary Cases

1.If a Prairie Island Indian Community tribal member is in arrearages to the Welfare Fund as of the date this Ordinance is implemented, the arrearage payment schedule shall be followed according to the chart set forth below:

2.Any and all costs incurred by the Prairie Island Indian Community on behalf of a child(ren) in which the Prairie Island Indian Community Child Welfare Office is administering or has administered services shall be subject to reimbursement according to the Arrearage Schedule set forth above.

D.Arrearage Reimbursement-Extraordinary Cases

1 .If a Prairie Island Indian Community tribal member does not have adequate monies available in his/her per capita distribution to cover the monthly dollar-for-dollar deduction to reimburse the Welfare Fund according to the Arrearage Schedule above, the priority of said deductions shall be followed according to the chart set forth in paragraph E below.

2.Any and all costs incurred by the Prairie Island Indian Community on behalf of a child(ren) in which the Prairie Island Indian Community Child Welfare Office is administering or bas administered services shall be subject to reimbursement according to the Arrearage Schedule set forth above.

E. Priority of Deductions for Future and Arrearage Reimbursement

1. Deductions from a Prairie Island Indian Community tribal member's per capita distribution for future and arrearage reimbursement to the Welfare Fund shall occur according to the chart below:

(F)Transportation Costs. 

All transportation costs incurred on behalf of a minor child(ren) and/or Prairie Island Indian Community employee(s) including but not limited to, chemical dependency treatment, halfway house, aftercare, therapy and counseling appointments, court-ordered foster care placement, emergency out-of-home placement, court hearings, home visits, or as determined by the Prairie Island Indian Community Director of Family Services, shall be deducted from the parent tribal member’s per capital distribution, dollar for dollar, on a monthly basis.[3]

(G)       Prairie Island Indian Community tribal members who have received disbursements from the Welfare Fund and are subject to the “Reimbursement Policy” as defined in Section VI and the “Reimbursement Procedure” as set forth in Section VII shall receive a temporary minimal living allowance not to exceed $1,500 net income per month.  By motion of Tribal Council on August 27, 2001 this is a temporary remedy to provide living expenses until the issue has been taken to the Community and the Community has responded yeah or nay.[4]

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