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.
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.
- ELDERLY PROTECTION TEAM (EPT)
- 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.
- IMMINENT DANGER
- The existence of any conditions or circumstance which could reasonably be expected to cause serious physical or mental harm to an elder.
- LEAST RESTRICTIVE ALTERNATIVE
- 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.
- NHBP ELDERLY PERSON
- A person 50 years or older.
- PERSON IN NEED OF CARE
- 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.
Masculine terms. All masculine terms shall be meant to include both the male and female genders.