A.
Upon receiving a report of abuse of an elderly person living on tribal
lands, or a report that an elderly person living on tribal lands is
living in conditions that are unsafe, unsanitary or dangerous, or
a report that an elderly person living on tribal lands is causing
himself to be in imminent danger, the EPT shall make a prompt and
thorough investigation to determine if such abuse or such conditions
exist and whether the elderly person is a person in need of care.
B.
The findings of any such investigation shall be in a written report
prepared by the licensed social worker and concurred in by the members
of the EPT. If there are any dissents in the findings, those are to
be included within the report.
A.
Upon completion of the investigation, if the EPT determines based
on the investigation that the elderly person has been abused; the
elderly person is living in unsafe, unsanitary or dangerous conditions;
or the elderly person is in imminent danger; and thus is a person
in need of care, the EPT shall develop a plan for provision of such
services.
B.
Services provided to a person in need of care may include, but are
not limited to:
(1)
Assistance in obtaining needed counseling services for the abused
elderly person and/or the abuser.
(2)
Mediation between the abused elderly person and the abuser.
(3)
Assistance in locating and moving to alternative living quarters,
on a temporary or permanent basis.
(4)
Assistance in obtaining needed medical care, food, clothing and household
goods.
(5)
Assistance in addressing unsafe, unsanitary, or dangerous living
conditions in an elder's home.
(6)
Removal of neglected animals.
(7)
Appointment of a guardian by order of the court only.
(8)
Removal of any perpetrator from the home of the elderly person.
The EPT shall not provide protective services to a person in need of care unless that person consents, except as provided in Article III of this chapter. The EPT shall notify the person in need of care that it may seek a court order if the person is unwilling or unable to consent to such care.
Whenever the EPT makes a positive determination of abuse under § 7.1-3, the EPT shall inform the Tribal Prosecutor and shall furnish information as requested by the Prosecutor.
