BUREAU OF INDIAN AFFAIRS (BIA) INDIVIDUAL INDIAN MONIES (IIM) ASSESSMENTS
The Social Services Office shall conduct case management of supervised IIM accounts, evaluate the needs of an account holder, develop distribution plan (DP), monitor implementation of DP, review case file six (6) months after beginning date of initial DP, review receipts in accordance with DP, and petition court for appointment or change of legal guardian when appropriate (25 CFR §20.403 (b) (2) (vi)).
WHAT IS AN IIM ACCOUNT?
An IIM account is an interest bearing account for trust funds held by the Secretary that belong to a person who has an interest in trust assets. These accounts are under the control and management of the Secretary.
WHAT IS A SUPERVISED ACCOUNT?
A supervised account means all disbursements must be approved by the BIA, which is maintained for minors, emancipated minors, adults who are in need of assistance, adults who are under legal disability or adults who are non-compos mentis (25 CFR §115.002).
WHAT IS AN ACCOUNT HOLDER?
A tribe or a person who owns the funds in a Tribal or IIM account that is maintained by the Secretary (25 CFR §115.002).
WHAT IS A GUARDIAN?
A person who is legally responsible for the care and management of an individual and his or her estate. This definition includes, but not limited to, conservator or guardian of property (25 CFR §115.002).
WHAT IS AN ASSESSMENT?
An assessment of the Account Holder’s family history and present abilities and resources to provide the necessary care, guidance and supervision for individuals within the family’s current living situation who may need social services assistance and/or services.
TYPES OF RESTRICTED/SUPERVISED ACCOUNTS:
- Minor – means an individual who is not an adult as defined in 25 CFR §115.400.
- All IIM accounts established by BIA for minors will be supervised by BIA (25 CFR §115.400).
- Emancipated Minor – means a person under 18 years of age who is married or who is determined by a court of competent jurisdiction to be legally able to care for himself/herself.
- Adult Non-Compos Mentis – means a person who has been determined by a court of competent jurisdiction by a court of competent jurisdiction to be unsound mind or incapable of managing his or her own affairs (25 CFR §115.002).
- Adult in Need of Assistance – means an individual who has been determined to be “incapable of managing or administering his or her property, including his or her financial affairs” by:
- Through a BIA administrative process that is based on a finding by a licensed medical professional or licensed mental health professional.
- By an order or judgment of a court of competent jurisdiction (25 CFR §115.002).
- Adults Under Legal Disability – means the lack of legal capability to perform an act which includes the ability to manage or administer his or her financial affairs as determined by a court of competent jurisdiction or another federal agency where the federal agency has determined the adult requires a representative payee and there is no legal guardian to receive federal benefits on his or her behalf (25 CFR §115.002).
CIRCUMSTANCES FOR BIA TO RESTRICT AN IIM ACCOUNT:
Protective Services – those services necessary to protect an Indian who is the victim of an alleged or substantiated incident of abuse, neglect or exploitation or who is under the supervision of the Bureau in regard to the use and distribution of funds in his or her IIM account (25 CFR §115 Subpart C & 25 CFR §20 Subpart D).
- Court order identifying the account holder as non-compos mentis.
- Determines through an administrative process that the account holder is an adult in need of assistance.
- Receives information from another federal agency that the account holder is under a legal disability and the agency has appointed a representative payee.
Assessments and distributions are not approved by the MCN Social Services Department. We are responsible for preparing the assessments and distributions then forwarding them to the Regional BIA Office for approval. Checks are not processed in our office. The Social Services Director, Secretary of Community & Human Services, and the Principal Chief cannot waive any decision that is made by the BIA. Any questions or concerns can be made to:
SHOULD YOU KNOW AN INDIVIDUAL WHO IS A VICTIM OF AN ALLEGED OR SUBSTANTIATED INCIDENT OF ABUSE, NEGLECT OR EXPLOITATION, PLEASE CONTACT THE MUSCOGEE (CREEK) NATION ADULT PROTECTIVE SERVICES AT 918-732-7699 OR SOCIAL SERVICES AT 918-549-2445, TOLL FREE 800-482-1979.
1000 Riverwalk Terrace STE 240
Jenks, OK 74037
Phone: (918) 549-2484
Fax: (918) 298-4197