[1]
Editor's Note: The article numbers for the headings in Ch. 16.07 were added by the codifier for organizational purposes only and were not part of the original legislation.
There are elders and other vulnerable adults within the jurisdiction of the Tribe who are at risk of abuse, neglect and exploitation and may need the protection of the Court. The Tribe intends to prevent and remedy the abuse, neglect or exploitation of elders and other vulnerable adults by providing a procedure for identifying these persons and providing the services necessary for their well-being.
The Tribe further finds that many of these elders and other vulnerable adults may be home bound or otherwise unable to represent themselves in Court or to retain legal counsel in order to obtain the relief available to them under this chapter of the Law and Order Code.
In addition, elders and other vulnerable adults may need the assistance of a guardian or protective payee, or both, to conduct personal business or to obtain the services necessary for his or her well-being. This code provides two ways to accomplish this: at the Tribe’s request (section 16.07.23) or at the elder’s or other interested person’s request using the “guardianship for adults” provisions.
(Res. 94 A 134, 11/8/1994)
When the words listed in this section appear in this chapter, they shall have the following meaning unless a different meaning is clearly intended.
(a) 
"Abuse."
Physical, verbal, or mental mistreatment, intimidation or injury which harms or threatens a person’s well being.
(b) 
"Consent."
Written consent granted after the person has been fully informed of the nature of the services to be offered and understands that receiving services is voluntary.
(c) 
"Exploitation."
The illegal or improper use of a vulnerable adult or that adult’s resources for another person’s profit or advantage. Exploitation includes but is not limited to:
(1) 
Any unauthorized use or occupation of the vulnerable adult’s property, food, telephone, utility services, residence, land assignment, vehicles, money or other resources. Specific examples of unauthorized use include use or sale of illegal drugs in or on the adult’s property, consuming alcohol and partying in or on the adult’s property without the approval of the adult, and failure to repay loans of money or other property. These examples shall not limit the interpretation of unauthorized use.
(2) 
Use of a vulnerable adult’s possessions or utilities which exceeds the authorization he or she has given.
(3) 
Unreasonable imposition on the vulnerable adult’s time or resources, such as leaving children in the care of the vulnerable adult for extended periods or under circumstances in which the adult cannot adequately care for the children.
(d) 
"Neglect."
Action or inaction which leaves the vulnerable adult without the means or ability to obtain food, clothing, shelter or health care and to be able to maintain minimum physical and mental health. Neglect also includes, but is not limited to, any interference with the provision of social and health services to maintain the vulnerable adult’s physical and mental health.
(e) 
"Protective Payee."
A person appointed by the Court to receive and disburse funds on behalf of another to protect that person’s financial resources.
(f) 
"Vulnerable Adult."
Elders over the age of 55 and persons 18 years of age or older who do not have the functional, mental, emotional or physical ability to protect and care for himself or herself.
(Res. 94 A 134, 11/8/1994)
The care of our elders and vulnerable adults is a family and a tribal responsibility. Any person who has reason to believe that a vulnerable adult has suffered abuse, neglect, or exploitation, or is otherwise in need of protective services may report such information to the Vulnerable Adult Case Manager, to the Tribe’s Police Department, to the Director of Child and Family Services, or to any attorney in the Tribe’s legal department.
Reporting under this section is mandatory for tribal employees, for tribal elected officials, and for contractors with the Tribe who perform services to the community in the areas of education, health and human services, for law enforcement, and for members of the clergy.
(Res. 94 A 134, 11/8/1994; Res. 17-A-092, 9/11/2017, changed this section to allow any person, not just tribal and community members, to report suspected abuse.)
Unless there is a judicial proceeding or the person consents, the identity of the person making the report is confidential. The reports made under this code shall contain the following information if known:
(1) 
The name and address of the vulnerable adult;
(2) 
The nature and extent of the suspected abuse, neglect, or exploitation, including the date, time, and location of the events, if known;
(3) 
Evidence of previous abuse, neglect, or exploitation;
(4) 
The name and address of the person making the report; and
(5) 
Any other helpful information.
(Res. 94 A 134, 11/8/1994)
All persons who report or testify about the abuse, neglect, or exploitation of a vulnerable adult are immune from civil liability and criminal prosecution. Conduct complying with the reporting and testifying provisions shall not be deemed a violation of any confidential communication privilege.
(Res. 94 A 134, 11/8/1994)
Any person who is required to report abuse or neglect under section 16.07.03 and who knowingly fails to report the abuse, neglect, or exploitation or exploitation of a vulnerable adult is subject to a civil fine not to exceed $5,000.00.
(Res. 94 A 134, 11/8/1994)
A person who makes a report of alleged abuse or neglect knowing it to be false has committed a civil infraction. Any person who retaliates by intimidating, threatening to cause or causing bodily, emotional, property, or financial harm against a person who reports or investigates abuse or neglect, has committed a civil infraction. It is a civil infraction to interfere intentionally with a lawful investigation of suspected abuse or neglect of an elder or vulnerable adult. The Court shall assess the appropriate civil penalty of up to $5,000 after petition by the Tribal prosecutor, notice, an opportunity for hearing, and a determination that the person made a report in bad faith, or that interference or retaliation as set out in this section has occurred. Notice of such determination shall also be provided to the person’s Tribal employer, and appropriate licensing agencies for appropriate discipline. This section does not change or affect penalties that may be imposed on mandatory reporters under other applicable laws or licensing requirements.
(Res. 17-A-092, 9/11/2017, created this section to enforce a penalty on those who make intentionally false reports of abuse.)
The policy of the Port Gamble S’Klallam Tribe toward investigation of the abuse, neglect or exploitation of a vulnerable adults is one of open communication between agencies and departments for the protection of vulnerable adults while respecting the confidentiality of statements by victims, their families, and reporters of abuse, neglect, exploitation. Where there is a conflict between confidentiality and the need for communication, protection of the vulnerable adult shall be the overriding consideration.
(Res. 94 A 134, 11/8/1994)
A person acting in good faith shall be immune from any claim or cause of actions stemming from or arising out of making a report under this chapter. The identity of the reporter of abuse or neglect under this chapter is confidential and shall not be released unless the reporter consents, or the Court determines that the need of the elder or the vulnerable adult exceeds the reporter’s right to privacy and mandates disclosure. The reporter has the opportunity to petition and be heard at a closed evidentiary hearing with regard to any such disclosure, and disclosure shall be limited to the extent necessary to protect the elder or vulnerable adult.
All interviews, case notes, and other records in the Vulnerable Adult Case Manager’s file are confidential and shall not be released unless the Court determines that the need of the elder or the vulnerable adult exceeds the right to privacy of persons named in the case file and mandates disclosure.
(Res. 17-A-092, 9/11/2017, created this section to allow for confidentiality in reporting abuse and to ensure that the Vulnerable Adult Case Manager’s files are confidential unless the Court determines otherwise.)
The Tribe’s administrator or the Tribal Council shall designate an Vulnerable Adult Case Manager who shall be authorized to carry out activities specified under this code. The duties of the Vulnerable Adult Case Manager include but are not limited to:
(1) 
Receive reports of abuse, neglect or exploitation of vulnerable adults.
(2) 
Investigate reports of abuse, neglect or exploitation of vulnerable adults. The Vulnerable Adult Case Manager shall coordinate closely with Tribal Law Enforcement to ensure that any matters which may be criminal in nature are promptly referred to Tribal Law Enforcement for investigation.
(3) 
Assist Law Enforcement in cases they are investigating, upon request. Work with Tribal Law Enforcement to ensure that appropriate protective services are provided to the vulnerable adult.
(4) 
Accept referrals from Law Enforcement in cases where Law Enforcement believes there is insufficient evidence to refer the case for criminal prosecution and in cases where Law Enforcement and the Vulnerable Adult Case Manager believe a civil remedy will be more effective to protect the vulnerable adult.
(5) 
Take the lead role in finding services for the protection and well being of vulnerable adults.
(6) 
Develop a plan to assist vulnerable adults and their families to prevent future abuse, neglect or exploitation. This plan may be in the form of a contract between the parties or a recommendation to the court for a court ordered plan.
(7) 
Prepare reports and appear in court as required under this code and as required by the Court.
(8) 
Coordinate and communicate with all agencies and departments involved in the protection of vulnerable adults.
(Res. 94 A 134, 11/8/1994)
If access is denied to the Vulnerable Adult Case Manager when investigating an allegation of abuse, neglect or exploitation of a vulnerable adult by an individual, the Vulnerable Adult Case Manager may seek an order from the Court to prevent interference with the investigation.
Access to investigate criminal matters by Law Enforcement shall be governed by the criminal laws and procedures of the Port Gamble S’Klallam Tribe.
(Res. 94 A 134, 11/8/1994)
The Court may appoint a guardian ad litem to represent the interests of an adult in vulnerable adult protection proceedings or guardianship proceedings, whenever the Court deems necessary.
(Res. 94 A 134, 11/8/1994)