The purpose of this chapter is to provide protection of the
health and well-being of tribal elders residing on tribal lands or
who are otherwise within the jurisdiction of the Tribe.
A.
ABUSE
ELDERLY PROTECTION TEAM (EPT)
IMMINENT DANGER
LEAST RESTRICTIVE ALTERNATIVE
NEGLECT
NHBP ELDERLY PERSON
PERSON IN NEED OF CARE
SELF-NEGLECT
Terms used
in this chapter, unless a different meaning is clearly indicated by
context, mean:
Any negligent or intentional act which results in physical
injury or pain or emotional distress or injury, sexual abuse, unreasonable
confinement, malnutrition, or the reckless or negligent deprivation
by a caretaker of goods and services necessary to maintain physical
health or mental health.
A team, which shall consist of the Tribe's nurse practitioner
or physician, a duly licensed social worker, and a member of the Tribe's
law enforcement personnel, which shall have the responsibility to
investigate reports of abuse of elderly persons; investigate reports
of an elderly person living in unsafe, unsanitary, or dangerous living
conditions on tribal lands; investigate reports that an elderly person
living on tribal lands is causing himself to be in imminent danger.
The existence of any conditions or circumstance which could
reasonably be expected to cause serious physical or mental harm to
an elder.
Elderly person protective services provided in a manner no
more restrictive or intrusive of an elder's liberty than necessary
to maintain safe and sanitary living conditions or to avoid imminent
danger of an elder.
The failure of a caregiver to meet the needs of a dependent
elderly person, which may be intentional (e.g., withholding of food,
medications, failure to clean or bathe) or unintentional, resulting
from genuine ignorance of, or physical inability to address, a particular
need.
A person 50 years or older.
Elderly person that the EPT has determined to be in need
of protective services.
Elderly person causing himself to be in imminent danger or
unsafe, unsanitary, or dangerous living conditions.
B.
Masculine
terms. All masculine terms shall be meant to include both the male
and female genders.
