9 WRC § 3-206 Guardian eligibility and selection process

§ 3-206 Guardian eligibility and selection process.

A. Any guardian appointed pursuant to this chapter shall be eighteen (18) years of age or older and shall not have the following in their criminal history report:

1. Assault with the intent to commit mayhem, rape, sodomy, oral copulation, or other similarly situated offense;

2. Assault against any protected individual;

3. Rape, sexual assault, lewd and lascivious conduct involving a minor, or other similarly situated sexual offense;

4. Receipt of money or anything of value for the placement or adoption of a minor;

5. Felony domestic violence; or

6. Violation of the Family Protection Act of 2023.

B. The Tribal Court shall appoint the guardian that is in the best interest of the protected individual. The considerations of the Tribal Court shall include but not be limited to:

1. The wishes of the protected individual, with consideration of the protected individual’s age and mental capacity;

2. The wishes of all interested parties, with consideration of any concerns with respect to age, mental capacity, or alternative motivations;

3. The placement of the protected individual’s siblings, if the protected individual is a child;

4. The qualifications, moral character and criminal history of the potential guardian; and

5. Any preexisting relationship between the protected individual and the potential guardian.

C. The Tribal Court may appoint multiple guardians for a protected individual if:

1. Each guardian can independently satisfy all requirements and obligations of this chapter;

2. All guardians reside in the same home; and

3. The appointment of multiple guardians does not create confusion or any other issue that may be resolved by appointing a single guardian.

D. Any appointment of a guardian for a child shall be made in accordance with the Department of Indian Child Welfare Establishment and Organization Act of 2013, the Department of Indian Child Welfare’s internal policies and procedures, and the Tribe’s policy to make all attempts to reunify a child with the child’s parent(s). (Res. 2023-60)