Guardian Ad Litem Cases
The Maine court has asked Pine Tree to help Micmac and Maliseet families by serving as Guardians Ad Litem (“GAL”) in family cases, such as divorces. We try to help low income children by advocating for their best interests in these court cases, where parental rights are an issue. We are not involved in “child protective” cases - where the state is trying to remove a child from the parental home. In those cases the State appoints a GAL and a lawyer for one or both low income parents at no cost. The Presque Isle office of our Native American Unit is doing this GAL work.
In cases involving Native children the GAL is especially important. A GAL can highlight for the court issues similar to those raised by the Indian Child Welfare Act (ICWA), such as:
- placing a child with a Native relative if the child may be removed from the parent's home
- ensuring or establishing a good relationship between the child and Native culture
- promoting contact between the child and Native parents and relatives, regardless of placement.
We also believe that doing this GAL work will better prepare us to help the new Tribal Family Court at the Houlton Band of Maliseets with its child protective cases. We want to make sure that the courts follow the Indian Child Welfare Act in those cases, as well.
Cross Border Rights: Tuition Reduced for College Student
A U.S. college charged a Canadian born Native American student the higher international tuition rate. The school was not aware of Jay Treaty border crossing rights. The school insisted that the Indian student show them a "green card" as proof he was a Permanent Resident. Only then would he be eligible for lower resident tuition rates. Later the student had to quit school due to the high tuition rate. Pine Tree Legal Assistance provided legal information to the college. The college then accepted tribal documents as proof of the student's legal resident status. The college retroactively reduced the tuition by $11,500. The student is back in school and has 5 semesters left to get his degree in business administration.
Employment Discrimination
We successfully settled a case of employment discrimination on behalf of a Native American client.
Unemployment Benefits
A worker was unfairly accused of making a false statement on a weekly unemployment claim report. We helped the worker appeal this to a fair hearing. The Hearing Officer agreed that the worker's testimony was credible. The Hearing Officer found that the worker had not knowingly failed to disclose required information. As a result, the penalty of $1640 was removed.
Supplemental Security Income (SSI) Overpayment
The Social Security Administration said that our client received an overpayment of SSI benefits. She had earned wages from part-time work. The review showed that our client had reported her income in good faith. Her request for a waiver was granted and the overpayment of $872 was removed.
Health Care Power of Attorney
We wrote a Health Care Power of Attorney for a disabled Indian elder. He has a progressive medical condition that will gradually reduce his mental ability. He wanted his daughter to have the Power of Attorney so that she can:
- talk to his doctor about his medical condition and treatment, and
- make medical decisions for him if and when he becomes unable to make them himself.
Harassment by Debt Collectors
Debt collectors often send letters and make calls in hopes of scaring people into making payments they can't afford. These debt collectors know that in many cases the debtors would not have to make any payments if the case went to court. We helped a frail Indian elder who was emotionally upset because of repeated contacts from a debt collector. We sent a "cease and desist" letter to the debt collector. Under the federal Fair Debt Collection Practices Act, such a letter requires them to stop making calls and sending letters. The creditor can still file a law suit on the alleged debt. However, in most cases they give up when the alleged debtors do not have enough assets or income to pay on the debt. The law protects certain basic assets (such as a modest home) and low income amounts.