§ 17.7 Limiting number of witnesses.

When the evidence seems clear and conclusive, the special attorney may, in his discretion, limit the number of witnesses to be examined formally upon any matter.

$17.8 Supplemental hearing.

When it appears that a supplemental hearing is necessary to secure material evidence, such a hearing may be conducted after notice has been given to those persons on whom notice of the original hearing was served and to such other persons as the testimony taken at the original hearing indicates may have a possible interest in the estate.

$17.9 Briefs.

When there are two or more parties with conflicting interests, the party upon whom the burden of proof may fall may be allowed a reasonable time, not to exceed 30 days following the conclusion of the hearing, in which to file a brief or other statement of his contentions, showing service on opposing counsel or litigant. The latter shall then be allowed not to exceed 20 days in which to file an answer brief or statement, and his opponent shall have 10 days thereafter to file a reply brief or statement. Upon proper showing the special attorney may grant extensions of time. Each brief or statement shall be filed in duplicate.

$17.10 Record.

After the hearing or hearings on the will have been terminated the special attorney shall make up the record and transmit it with his recommendation to the superintendent. The record shall contain:

(a) Copy of notices mailed to the attesting witnesses and the interested parties.

(b) Proof of mailing of notices.

(c) The evidence received at the hearing or hearings.

(d) The original of the will or wills considered at the hearings.

(e) A copy of all the pleadings.

The record, except the original will, shall be a part of the permanent files of the Osage Agency.

In considering the will of a deceased Osage Indian the superintendent may disapprove any will which names as a beneficiary thereunder a government employee who is not related to the testator by blood, or otherwise the natural object of the testator's bounty. § 17.14 Appeals.

(a) Notwithstanding the provisions in part 2 of this chapter concerning appeals generally from administrative actions, any appeal from the action of the superintendent of approving or disapproving a will shall be taken to the Secretary. Upon the superintendent's final action of approval or disapproval of a will, he shall immediately notify by mail all attorneys appearing in the case, together with interested parties who are not represented by attorneys, of his decision and of their right to file an appeal.

(b) Any party desiring to appeal from the action of the superintendent shall, within 15 days after the date of the mailing of notice of the decision file with the superintendent a notice in writing of his intention to appeal to the Secretary, and shall, within 30 days after the mailing date of such notice by the superintendent, perfect his appeal to the Secretary by service of the appeal upon the superintendent who will transmit the entire record to the Secretary. If no notice of intention to appeal is given within 15 days, the superintendent's decision will be final.

(c) Upon the filing of notice with the superintendent of intention to appeal or the perfecting of an appeal by service upon the superintendent, at the same time similar notice and service shall be effected by the party taking an appeal upon opposing counsel or litigants, and a statement included in the appeal that this has been done. A party taking an appeal may, within the same 30-day period allowed for perfecting an appeal, file a brief or other written

statement of his contentions, showing also service of that brief upon opposing counsel or litigants. Opposing counsel or litigants shall have 30 days from the date of the service of appellant's brief upon them in which to file an answer brief, copies of which also shall be served upon the appellant or opposing counsel and litigants. Except by special permission, no other briefs will be allowed on appeal.

[26 FR 10930, Nov. 22, 1961]

PART 20-FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS

Subpart A-Definitions, Purpose and Policy Sec.

20.100 What definitions clarify the meaning of the provisions of this part?

20.101 What is the purpose of this part? 20.102 What is the Bureau's policy in providing financial assistance and social services under this part?

20.103 Have the information collection requirements in this part been approved by the Office of Management and Budget?

Subpart B-Welfare Reform

20.200 What contact will the Bureau maintain with State, tribal, county, local, and other Federal agency programs?

20.201 How does the Bureau designate a service area and what information is required?

20.202 What is a tribal redesign plan? 20.203 Can a tribe incorporate assistance from other sources into a tribal redesign plan?

20.204 Must all tribes submit a tribal redesign plan?

20.205 Can tribes change eligibility criteria or levels of payments for General Assistance?

20.206 Must a tribe get approval for a tribal redesign plan?

20.207 Can a tribe use savings from a tribal redesign plan to meet other priorities of the tribe?

20.208 What if the tribal redesign plan leads to increased costs? 20.209 Can a tribe operating under a tribal

redesign plan go back to operating under this part?

20.210 Can eligibility criteria or payments for Burial Assistance. Child Assistance, and Disaster Assistance and Emergency Assistance change?

Subpart C-Direct Assistance

ELIGIBILITY FOR DIRECT ASSISTANCE

20 300 Who qualifies for Direct Assistance under this subpart?

20.301 What is the goal of General Assistance?

20.302 Are Indian applicants required to

seek assistance through Temporary Assistance for Needy Families?

20.303 When is an applicant eligible for General Assistance?

20.304 When will the Bureau review eligibility for General Assistance?

20.305 What is redetermination? 20.306 What is the payment standard for General Assistance?

DETERMINING NEED AND INCOME

20.307 What resources does the Bureau consider when determining need?

20.308 What does earned income include? 20.309 What does unearned income include? 20.310 What recurring income must be prorated?

20.311 What amounts will the Bureau deduct from earned income?

20.312 What amounts will the Bureau deduct from income or other resources? 20.313 How will the Bureau compute financial assistance payments?

EMPLOYMENT REQUIREMENTS

20.314 What is the policy on employment? 20.315 Who is not covered by the employment policy?

20.316 What must a person covered by the employment policy do?

20.317 How will the ineligibility period be implemented?

20.318 What case management responsibilities does the social services worker have?

20.319 What responsibilities does the general assistance recipient have?

TRIBAL WORK EXPERIENCE PROGRAM (TWEP) 20.320 What is TWEP?

20.321 Does TWEP allow an incentive payment?

20.322 Who can receive a TWEP incentive payment?

20.323 Will the local TWEP be required to have written program procedures?

BURIAL ASSISTANCE

20.324 When can the Bureau provide Burial Assistance?

20.325 Who can apply for Burial Assistance? 20.326 Does Burial Assistance cover transportation costs?

DISASTER ASSISTANCE

20.327 When can the Bureau provide Disaster Assistance?

20.328 How can a tribe apply for Disaster Assistance?

EMERGENCY ASSISTANCE

20.329 When can the Bureau provide Emergency Assistance payments?

20.330 What is the payment standard for Emergency Assistance?

20.516 How are child abuse, neglect or exploitation cases to be handled?

Subpart F-Administrative Procedures

20.600 Who can apply for financial assistance or social services?

20.601 How can applications be submitted? 20.602 How does the Bureau verify eligibility for social services?

20.603 How is an application approved or denied?

20.604 How is an applicant or recipient notified that benefits or services are denied or changed?

20.605 What happens when an applicant or recipient appeals a decision under this subpart?

20.606 How is an incorrect payment adjusted or recovered?

20.607 What happens when applicants or recipients knowingly and willfully provide false or fraudulent information?

Subpart G-Hearings and Appeals

20.700 Can an applicant or recipient appeal the decision of a Bureau official? 20.701 Does a recipient receive financial assistance while an appeal is pending? 20.702 When is an appeal hearing scheduled? 20.703 What must the written notice of hearing include?

20.704 Who conducts the hearing or appeal of a Bureau decision or action and what is the process?

20.705 Can an applicant or recipient appeal a tribal decision?

AUTHORITY: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104193: Pub. L. 105-83.

SOURCE: 65 FR 63159. Oct. 20, 2000, unless otherwise noted.

Subpart A-Definitions, Purpose and Policy

§ 20.100 What definitions clarify the meaning of the provisions of this part?

Adult means an Indian person age 18 or older.

Adult care assistance means financial assistance provided on behalf of an Indian adult who is not eligible for any other state, federal, or tribal assistance as documented in the case file and who requires non-medical personal care and supervision due to advanced age, infirmity, physical condition or mental impairment.

Appeal means a written request for correction of an action or decision of a specific program decision by a Bureau

official (§20.700) or a tribal official (§ 20.705).

Applicant means an Indian individual by or on whose behalf an application for financial assistance and/or social services has been made under this part.

Application means the written or oral process through which a request is made for financial assistance or social services.

Assistant Secretary means the Assistant Secretary-Indian Affairs.

Authorized representative means a parent or other caretaker relative, conservator, legal guardian, foster parent, attorney, paralegal acting under the supervision of an attorney, friend or other spokesperson duly authorized and acting on behalf or representing the applicant or recipient.

Bureau means the Bureau of Indian Affairs of the United States Department of the Interior.

Bureau Standard of Assistance means payment standards established by the Assistant Secretary for burial, disaster, emergency, TWEP and adoption and guardian subsidy. In accordance with Public Law 104-193, the Bureau standard of assistance for general assistance is the state rate for TANF in the state where the applicant resides. Where the Bureau provides general assistance on a reservation that extends into another state, the Bureau will provide general assistance to eligible Indians based on the standard of assistance where the applicant resides if the applicant is not eligible for state general assistance or TANF. The Bureau standard of assistance for adult care assistance is the state rate for adult care assistance in the state where the applicant resides. The Bureau standard of assistance for foster care is the state rate for foster care in the state where the applicant resides as provided by Title IV of the Social Security Act (49 Stat. 620).

Burial assistance means a financial assistance payment made on behalf of an indigent Indian who meets the eligibility criteria to provide minimum burial expenses according to Bureau payment standards established by the Assistant Secretary.

Case means a single type of assistance and/or service provided to an individual or household in response to an

identified need which requires intervention by social services.

Case management means the activity of a social services worker in assessing client and family problem(s), case planning, coordinating and linking services for clients, monitoring service provisions and client progress, advocacy, tracking and evaluating services provided, such as evaluation of child's treatment being concurrent with parent's treatment, and provision of aftercare service. Activities may also include resource development and providing other direct services such as accountability of funds, data collection, reporting requirements, and documenting activities in the case file.

Case plan means a written plan with time limited goals which is developed and signed by the service recipient and social services worker. The case plan will include documentation of referral and disapproval of eligibility for other services. The plan must incorporate the steps needed to assist individuals and families to resolve social, economic, psychological, interpersonal, and/or other problems, to achieve selfsufficiency and independence. All plans for children in foster care or residential care must include a permanency plan which contains a time specific goal of the return of the child to the natural parents or initiation of a guardianship/adoption.

Child means an Indian person under the age of 18 except that no person who has been emancipated by marriage will be deemed a child.

Child assistance means financial assistance provided on behalf of an Indian child, who has special needs as specified in § 20.100. In addition, assistance includes services to a child who requires placement in a foster home or a residential care facility in accordance with standards of payment levels established by the state or county in which the child resides. Further, assistance includes services to a child in need of adoption or guardianship in accordance with payment levels established by the Assistant Secretary.

Designated representative means an official of the Bureau who is designated by a Superintendent to hold a hearing as prescribed in §§ 20.700 through 20.705 and who has had no prior involvement