Legal Question in Native American Law in Oregon

How to get money for son from the tribe he is from

We adopted a Native American baby in 1992. His birth mother was born in 1969 in the Klamath Modoc Tribe in Oregon. I have heard that indians can receive money owed to them from the tribes gaming casinos. 1997 Oregon opened the casino. My adopted son is 13 years of age. Can he get anything now? Or will he have to wait until he is 18 years of age. And If he can receive money now, how do we get it started? Does it depend on our income as his parents? We do have indian in our family history, but not as much and not from the same tribe as our adopted son.

Thanks


Asked on 5/30/03, 1:19 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: How to get money for son from the tribe he is from

Each tribe has its own standards and rules for determining membership and the rights of members. I suppose this would include setting the age at which young members are entitled to receive per capita benefits.

I think it is likely that any income allocated to a thirteen-year-old would be held in trust until age 18, and it is possible that your son's share may depend partly or entirely on reservation residency. Finally, you should review your adoption agreements from long ago to see whether they shed any light on eligibility for tribal membership benefits.

Contact information can be obtained via www.klamathtribes.org/contact.html

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Answered on 5/30/03, 1:40 pm
Jeffrey A. Lustick, Esq The Lustick Law Firm

Re: How to get money for son from the tribe he is from

I have heard of cases where families who adopt Indian children receive stipends from the tribe out of the Tribal Gaming Trust Fund to defray the cost of bringing up the child. If the child qualifies for enrollment in the tribe, he or she can receive certain benefits from the tribe right now, such as schooling and health care. I definitely recommend contacting the Tribe to see what needs to be done to establish the child�s blood line for membership purposes.

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Answered on 6/03/03, 11:40 am


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