4 NICS App. 6, IN THE MATTER OF L.L.H. (June 1995)
IN THE SHOSHONE-BANNOCK TRIBAL COURT OF APPEALS
FORT HALL RESERVATION
FORT HALL, IDAHO
In the Matter of L.L.H., an Indian Child
No. D-94-12 (June 30, 1995)
FULL TEXT
Before: David L. Harding, Justice.
Harding, J.:
CASE HISTORY
In December of 1979, a divorce was granted to Mr. H1 and Mrs. H, parents of L.L.H., an Indian youth. The mother received physical custody and the father was ordered to pay child support.
Since that time, the child has been in the physical care and control of a paternal aunt. His mother left him in the aunt’s care, where he has remained consistently since the age of three.
The record shows that since the divorce, the father has paid support in the form of lease land payment deductions. The mother has allowed the child to stay with the paternal aunt through a guardianship agreement.
In January 1988, a formal guardianship was approved by the Tribal Court. This agreement has remained in effect. None of the parties has disputed this fact. In December of 1993, the guardian filed for child support from the mother. A hearing was held in April of 1994, at which time the trial judge did a complete review of the support issues. A hearing was held in September of 1994.
ISSUES ON APPEAL
1. Is the duration of a temporary guardianship affected if the court does not re-hear the case in six months?
2. Should a third person, in good faith, recover the reasonable value of support from the responsible parent?
4 NICS App. 6, IN THE MATTER OF L.L.H. (June 1995) p. 7
APPLICABLE LAW
1. Chapter III, § 1.1, Law applicable in civil actions, provides:
In any matters that are not covered by the provisions of this code, or by Ordinance or Custom and Usages of the Tribes, the court shall apply any laws of the United States that may be applicable or authorized regulation of the Department of Interior of the United States.
2. Chapter VIII, Parent child relationships; § 1, Parent and Child, paragraph (b) Liability for Child’s Necessaries, provides:
If a parent neglects to provide articles necessary for his child who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries and recover the reasonable value thereof from the responsible parent.
REMEDY
The judgment of the trial court is clear. The said minor Indian child, L.L.H., is entitled to support in the amount of fifty dollars per month beginning for three years according to the Shoshone-Bannock Tribal Law and Order Code, Chapter 3, § 3.34. The natural mother is to pay the guardian, L.L.H.’s aunt, one-thousand eight-hundred dollars. This court also orders the mother to continue to be responsible at a rate of fifty dollars per month until the child is twenty-one years of age, as long as the child is furthering his education by attending school and/or training.
In order to protect the identity of the minor individual in this case, the names of the child and parents have been omitted and substituted with initials. The pronouns “he”, “his”, and “him”, used in reference to the child, are used as universal pronouns and do not connote gender.