The purpose of this chapter is to prevent or correct the abuse, neglect, and exploitation of Tribal elders and vulnerable adults who come within the jurisdiction of the Tulalip Tribes. Furthermore:
(1) 
The Board of Directors finds that elders and vulnerable adults may be subjected to abuse, neglect, exploitation, or abandonment and that there are a number of adults who lack the ability to perform or obtain those services necessary to maintain or establish their well-being.
(2) 
It is the intent of the Board of Directors to prevent or remedy the abuse, neglect, exploitation, or abandonment of elders and vulnerable adults who have a functional, mental, or physical inability to care for or protect themselves, or who suffer from decreased mental capacity or chronic substance abuse causing decreased mental capacity, and to provide these persons with the protection of the Tulalip Tribal Court.
(3) 
The Board finds that it is in the best interest of the public health, safety, and welfare of the Tulalip Reservation community to provide a procedure for identifying elders and vulnerable persons requiring protection and providing services and remedies necessary for their well-being.
(Ord. 137 § 1.1, 12-4-2009 (Res. 2009-401); Res. 2015-496)
Elders are one of the most valuable custodians of the Tulalip Tribes history, traditions, and culture. It is in the interest of health, safety and welfare of the Tulalip Tribes and its people to provide procedures for identifying elders, and vulnerable adults, who are victims of abuse, neglect, or exploitation, and to provide remedies and other services in these situations. This chapter shall in all cases be implemented in a manner which least interferes with individual rights, and which most respects Tribal culture.
(Ord. 137 § 1.2, 12-4-2009 (Res. 2009-401); Res. 2015-496)
The Tribal Court shall have jurisdiction over any proceeding arising under this chapter and/or actions arising within the exterior boundaries of the Tulalip Tribes Reservation affecting Tulalip Tribal members and their spouses. In addition to any other method provided by statute, personal jurisdiction may be acquired by personal service of summons outside the Reservation or by service in accordance with TTC Titles 2 and 3.
(Ord. 137 § 1.3, 12-4-2009 (Res. 2009-401); Res. 2015-496)
There are elders and vulnerable adults in the Tulalip Tribes community who are at risk of exploitation, abuse, or neglect. The purpose of this chapter is to protect these persons through a system of:
(1) 
Reporting exploitation, abuse or neglect;
(2) 
Investigating reports of exploitation, abuse or neglect;
(3) 
Providing services and filing protection orders for elders and vulnerable adults in need of protection against exploitation, abuse, or neglect; and
(4) 
Limited or full guardianship.
(Res. 2015-496; Ord. 137 § 1.4, 12-4-2009 (Res. 2009-401))
If any part or parts or the application of any part of this chapter is held invalid, such holding shall not affect the validity or the remaining parts of this chapter. The Tulalip Tribes Board of Directors hereby declares that it would have passed the remaining parts of this chapter even if it had known that such part or parts or application or any part thereof would be declared invalid.
(Ord. 137 § 1.5, 12-4-2009 (Res. 2009-401); Res. 2015-496)
Nothing in this chapter shall be deemed to constitute a waiver by the Tulalip Tribes of its sovereign immunity for any reason whatsoever.
(Ord. 137 § 1.6, 12-4-2009 (Res. 2009-401); Res. 2015-496)
This chapter is civil in nature. Any person who knowingly violates an order issued under Article III of this chapter or violates any other provision of this chapter (except the Tribes), after notice and hearing, may be assessed a penalty not to exceed $500.00. Criminal proceedings may run concurrently with any action under this chapter for any violation under TTC Titles 2 and 3 and Chapter 4.25 TTC, which occurs in the course of elder or vulnerable adult exploitation, abuse, or neglect.
(Ord. 137 § 1.7, 12-4-2009 (Res. 2009-401); Res. 2015-496)
Any services or functions of the Tribes under this chapter shall be subject to the availability of funding and resources and the Tribes shall not be required to expend additional funds or resources beyond those appropriated. Subject to the approval of the Board of Directors, the agency (Tribes) may enter into cooperative agreements with the State or other agencies for funding or other services necessary to implement this chapter.
(Ord. 137 § 1.8, 12-4-2009 (Res. 2009-401); Res. 2015-496)
Unless stated otherwise, the standard of proof in all protection order proceedings and guardianship proceedings shall be a preponderance of the evidence.
(Ord. 137 § 1.9, 12-4-2009 (Res. 2009-401); Res. 2015-496)
Terms under this chapter shall be liberally construed so as not to limit the jurisdiction of the Court over elders and vulnerable adults, and to facilitate the authority of the Court to act to protect the interests of these persons. When interpreting terms not defined by this chapter, the Court shall take into consideration Tribal laws and customs.
(1) 
“Abandonment”
means action or inaction by a person or entity with a duty of care for an elder or a vulnerable adult that leaves the elder or vulnerable person without the means or ability to obtain essential services.
(2) 
“Abuse”
means action or inaction which threatens or actually causes physical or mental mistreatment or injury. Abuse includes but is not limited to:
(a) 
Infliction of pain or injury;
(b) 
Infliction of mental pain or psychological injury;
(c) 
Unreasonable confinement;
(d) 
Unreasonable restrictions on activities;
(e) 
Intimidation, meaning to say or do something in such a way to frighten, or willfully placing another in fear of harm by coercion, extortion, or duress;
(f) 
Humiliation, threats, or harsh language that results in physical harm or unreasonable emotional or psychological stress;
(g) 
Sexual abuse, which includes any type of contact with an elder or vulnerable adult for sexual gratification without the person’s freely given consent;
(h) 
Neglecting or deserting a person you are responsible for; responsibility may be determined with a duty through a Court order, or through holding oneself out to the community or person’s family as assuming the responsibility of caring for the person;
(i) 
Taking or misusing a person’s property, medication, or money without their consent.
(3) 
“Caregiver”
means:
(a) 
Any person who is required by Tribal law, or State law, if applicable, to provide services or resources to an elder or vulnerable adult;
(b) 
Any person who volunteers or is paid to provide services or resources to an elder or vulnerable adult;
(c) 
An institution or agency and any employee of an institution or agency who is required by Tribal law or customs, State law, if applicable, or Federal law, or who is required under any other agreement, to provide services or resources to an elder or vulnerable adult; and
(d) 
Any person who holds oneself out to the community or elder’s or vulnerable adult’s family as assuming the responsibility of caring for the elder or vulnerable adult.
(4) 
“Consent”
means agreement given without intimidation or coercion by a person with the capacity to make the agreement.
(5) 
“Elder” or “Tribal elder”
means a Tulalip Tribal member or their spouse who is 62 years of age or older.
(6) 
“Elder protection caseworker” or “case-worker” or “elder protection team”
is the Tribal authority charged with the investigation, protection, and case plan of elders and vulnerable adults within the jurisdiction of the Tulalip Reservation.
(7) 
“Emergency”
is a situation in which an elder or vulnerable adult is in imminent danger of harm.
(8) 
“Essential requirements for physical health and safety”
means the health care, food, shelter, clothing, personal hygiene, and protection without which physical injury or illness is more likely than not to occur.
(9) 
“Exploitation”
means the unauthorized or improper use of an elder’s or vulnerable adult’s person or resources, or the failure to use these person’s resources for their benefit or according to the person’s wishes. Exploitation includes but is not limited to:
(a) 
Any unauthorized use or occupation of the person’s residence, property, utilities services, food, or money, to include but not limited to cash, checks, credit cards, debit cards, and bank accounts;
(b) 
Any use of the person’s resources that exceeds the authorization he/she has given;
(c) 
Unreasonable imposition on the person’s time or resources, such as leaving children with the person for extended periods without the person’s consent or when the person cannot adequately care for both the children and him/herself at the same time; or
(d) 
Misuse of a power of attorney to obtain resources of the person for personal benefit.
(10) 
“Family,”
for the purposes of this chapter, means any member of the elder’s or vulnerable adult’s nuclear family that lives on or near the Tulalip Indian Reservation. For the purposes of this chapter, a “nuclear family” is defined as a social unit composed of father, mother, and children.
(11) 
“Guardian” or “limited guardian” or “full guardian,”
for the purpose of this chapter, means an individual whose rights, powers, and duties over an elder or vulnerable adult have been specifically ordered by operation of law.
(12) 
“Incapacitated person”
means a person whose ability to receive and evaluate information or to make and communicate decisions is impaired to the extent the person lacks the ability to provide the essential requirements for their own physical health or safety and that they are at significant risk of personal harm, or that they are unable to manage their financial affairs, without Court-ordered assistance.
(13) 
“Imminent danger or harm”
means a certain peril, immediate, and impending danger. It is highly probable in a situation, as opposed to remote or contingent. See definition of “emergency” above.
(14) 
“Interested person”
means a person who demonstrates to the Court’s satisfaction that the person is interested in the welfare of the elder or vulnerable adult, that the person has a good faith belief that the Court’s intervention is necessary, and that the person is unable, due to incapacity, undue influence, or duress at the time the petition is filed, to protect his or her own interests.
(15) 
“Least restrictive manner”
means the approach to providing services or resources that allows an elder or vulnerable adult the maximum independence and freedom from intrusion consistent with the person’s needs by requiring that the method of intervention with the least impact on the elder’s or vulnerable adult’s autonomy be used when intervention is necessary and that only those services or resources that are reasonably necessary to protect the person are provided.
(16) 
“Neglect”
is the failure of a caregiver to provide for the basic needs of an elder or vulnerable adult by not supplying adequate resources, services, or supervision necessary to maintain the person’s physical and mental health, exploitation, or by interfering with the delivery of such resources or services. Such resources and services include but are not limited to shelter, food, clothing, medication, medical services, and personal care such as assistance with hygiene and dressing. Neglect is also failing to take appropriate steps to prevent physical or psychological pain or injury inflicted upon an elder or vulnerable adult by a third party. Neglect includes the person’s own inability to provide for his or her own basic needs.
(17) 
“Respondent”
means the party on the other side. The respondent may be the elder, vulnerable adult, or other persons ordered by the Court to perform or restrain from committing certain acts.
(18) 
“Retaliation”
is intimidating or threatening a reporter of abuse or a reporter’s family in any way; physically harming a reporter or a reporter’s family; causing a reporter or a member of a reporter’s family to be terminated, suspended, or reprimanded by an employer; or damaging the real or personal property of a reporter or a reporter’s family.
(19) 
“Tribes”
is the Tulalip Tribes (the “Tribes”), including but not limited to any branch, office, department, agency, commission, utility, authority, instrumentality, or other entity of the Tribes.
(20) 
“Vulnerable adult”
means a person 18 years of age or older who has the functional, mental, or physical inability to care for himself. “Vulnerable adult” shall include:
(a) 
A person found incapacitated or adult person who is eligible for the appointment of a guardian under this code; or
(b) 
A person who has a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by a physician to be closely related to mental retardation, which disability originates before the individual attains age 18, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to the individual. The Tribes may adopt criteria which define neurological or other conditions under this subsection in a way that is not limited to intelligence quotient scores as the sole determinant of these conditions; or
(c) 
A person admitted to any long-term facility or receiving services from health, hospice, or home care agencies locating or operating or providing care to persons on the Tulalip Reservation.
(Ord. 137 § 1.10, 12-4-2009 (Res. 2009-401); Res. 2015-496)
It shall be the policy of the Tribes to request transfer of a case involving an elder or vulnerable protection proceeding in State Court, except when good cause exists to the contrary. Service and notice requirements must be in accordance with requirements under TTC Titles 2 and 3.
(Ord. 137 § 1.11, 12-4-2009 (Res. 2009-401); Res. 2015-496)