(1)
The Tribes, in its discretion, may seek the relief by filing a petition for a protection order with the Tulalip Tribal Court on behalf of an elder or vulnerable adult after the completion of an investigation and written report that provides support for a finding of probable cause that the elder or vulnerable adult is being abused, neglected, or exploited in accordance with this chapter.
(2)
Any elder, vulnerable adult, or interested person may seek relief for themselves under this chapter by filing a petition with Tulalip Court if there is evidence to support a finding of probable cause that the elder or vulnerable adult is being abused, neglected, or exploited. If the Court issues an ex parte protection order upon a finding of probable cause that an elder or vulnerable adult has been or is likely to be abused, neglected, or exploited, the Court shall give notice and provide a copy of the protection order to the appropriate elder protection caseworker who will then investigate and offer services as required under this chapter.
(3)
Petition. The petition shall include the name and interest of the petitioner or the Tribes; the name and address or location of the person believed to be in an emergency situation; a description of the person’s situation; the proposed protective services; attempts to get the person’s consent for protection; and any other facts that will assist the Tulalip Court in determining whether an emergency exists.
(4)
Required Findings.
(a)
Emergency. The Tulalip Court shall issue an ex parte, emergency protection order without notice or hearing if:
(i)
The Court has probable cause to believe that the petitioner is an elder or vulnerable adult in need of protection and without an order is in imminent danger of harm and/or the elder or vulnerable adult has been a victim of abuse, neglect, or exploitation; or
(ii)
The petitioner, the Tribes or interested person establishes probable cause that the elder or vulnerable adult is in imminent danger of harm and the person has been a victim of abuse, neglect, or exploitation.
(5)
Preliminary Hearing. The Tulalip Court shall hold a preliminary hearing on the petition within five days, excluding weekends and holidays. The elder, vulnerable adult, or other respondents shall receive notice of the hearing and be given the opportunity to be heard. The ex parte protection order shall state the date and time of the preliminary hearing.
(6)
Service. The elder or vulnerable adult, guardian (if applicable) and other respondents (persons being restrained from the elder or vulnerable adult) shall be served the ex parte protection order and the petition (or facts) alleging that an elder or vulnerable adult is in need of a protection order. Confidential information contained in the petition shall be omitted or redacted. Service shall be in accordance with the service provisions under TTC Titles 2 and 3.
(7)
Full Hearing. A full hearing shall be set for no later than 35 days from date of the preliminary hearing under this section. At the hearing, the protection order shall be extended for a period of time not to exceed one year if the Court finds by a preponderance of evidence that the order is necessary to protect the elder’s or vulnerable adult’s health, safety or welfare. A review hearing shall be scheduled within six months of this hearing.
(8)
Denial. If the Tulalip Court declines to issue an ex parte order of protection, the Court shall state the particular reason for the Tulalip Court’s denial. The petitioner may request a hearing on the denial and the Court will set a hearing within 72 hours.
(9)
Relief. The Tulalip Court may order the following relief:
(a)
The Tulalip Court shall require the case-worker to develop and administer a protection plan. Emergency services shall include only those services necessary to remove the risk of immediate harm, or to remove the ongoing abuse, neglect, or exploitation.
(i)
Access to and Temporary Removal of Elder or Vulnerable Adult. The Tulalip Court may issue a warrant for forcible entry to gain access to an elder or vulnerable adult if attempts to gain voluntary access have failed. If the caseworker or Tulalip Police Officer has good cause to believe that the person is at risk of immediate or irreparable harm upon personal observation, the caseworker and/or Tulalip Police Officer may immediately protect the person, including transporting the person to a different location. As soon as the investigator or Police Officer has acted to protect the person, standard emergency protection order procedures must be followed.
The Tulalip Court may order temporary removal of elder or vulnerable adult from the location for their own protection;
(b)
The Tulalip Court may remove the person(s) who has harmed the elder or vulnerable adult from their residence;
(c)
The Tulalip Court may issue a restraining order against the person(s) who has harmed the elder or vulnerable adult;
(d)
The Tulalip Court may require any person with a fiduciary duty to the elder or vulnerable adult to account for their funds and property;
(e)
The Tulalip Court may require any person who has abused, neglected, or exploited an elder or vulnerable adult to pay restitution for damages resulting from the abuse, neglect, or exploitation;
(f)
The Tulalip Court may order other relief as it deems necessary for the protection of the elder or vulnerable adult, including orders or directives to the Tulalip Police Department; and
(g)
The Tulalip Court may order financial restraints, disbursement and use of an elder’s or vulnerable adult’s property, including, but not limited to, per capita, Social Security benefits, disability benefits, or needs-based benefits.
(Ord. 137 § 3.1, 12-4-2009 (Res. 2009-401); Res. 2015-496)