Statutes | 4 HCC § 1 Chapter I § 5 | 2020
Terms used in this Act have the following meaning:
a. &ldquoAbandonment&rdquo means the desertion or willful forsaking of an Elder which may include foregoing a duty of care.
b. &ldquoAbuse&rdquo means one or more of the following:
(1) The intentional or negligent infliction of bodily harm, unreasonable confinement, or intimidation causing mental anguish by any person, including a person having a special relationship with the Elder, e.g., a spouse, child, or other relative, or a caretaker or
(2) The infliction of physical, emotional, or mental injury on an Elder, or sexual abuse or exploitation, including financial exploitation, of an Elder or
(3) Attempting to cause or causing physical harm, bodily injury, or assault on an Elder or the Elder&rsquos family or caretaker or
(4) Subjecting an Elder to deliberate verbal abuse, this may include: insulting, frightening, humiliating, threatening, and/or demeaning an Elder or
(5) However, no person shall be deemed to be abused for the sole reason they are being furnished non-medical remedial treatment by spiritual means through prayer alone in accordance with a recognized religious method of healing in lieu of medical treatment, or if the wishes of an Elder&rsquos Do Not Resuscitate (DNR) or Power of Attorney (POA) are being followed.
c. &ldquoAdult At-Risk&rdquo means any adult who has a physical or mental condition that substantially impairs his or her ability to care for his or her needs and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or exploitation.
d. &ldquoCaretaker&rdquo means any of the following:
(1) A person who is required by Tribal law or custom or state law to provide care, services, or resources to an Elder
(2) A person who voluntarily undertakes to provide care, services, or resources to an Elder
(3) An institution or agency which voluntarily or is required by Tribal law or custom, state or federal law, or contract to provide care, services, or resources to an Elder
(4) An employee of any institution or agency specified in paragraph (3), above.
e. &ldquoCourt&rdquo means the Ho-Chunk Nation Trial Court.
f. &ldquoElder&rdquo means any Ho-Chunk enrolled member who is sixty (60) years of age or more.
g. &ldquoElder Protection Worker&rdquo means an employee of the Nation who is employed to help Elders.
h. &ldquoEmergency&rdquo is an unforeseen combination of circumstances that calls for immediate action without time for full deliberation.
i. &ldquoEmotional Abuse&rdquo means language or behavior that serves no legitimate purpose and is intended to be intimidating, humiliating, threatening, frightening, or otherwise harassing, and that does or reasonably could intimidate, humiliate, threaten frighten, or otherwise harass the individual to whom the conduct or language is directed.
j. &ldquoExploitation&rdquo means the act of taking unjust advantage of an elder, financially or otherwise, for one&rsquos own benefit.
k. &ldquoFamily&rdquo means all of the customary family relationships recognized by the Nation, including extended family relationships.
l. &ldquoGuardian ad Litem&rdquo means a person appointed by the Court to represent the best interests of the Elder.
m. &ldquoGood Faith&rdquo means an honest belief or purpose and the lack of intent to defraud.
n. &ldquoLeast Restrictive Alternative&rdquo means an approach which allows an Elder independence and freedom from intrusion consistent with the Elder&rsquos needs by requiring that the least disruptive method of intervention be used when intervention is necessary to protect the Elder from harm.
o. &ldquoNeglect&rdquo means any of the following:
(1) Failure of a caregiver, as evidence by an act, omission, or course of conduct, to endeavor to secure or maintain adequate care, services, or supervision for an individual including food, clothing, shelter, or physical or mental health care, and creating significant risk or danger to the individual physical or mental health or
(2) The interference with the delivery of necessary services or resources or
(3) The failure to report abuse, neglect, self-neglect or exploitation of an Elder or
(4) The failure to provide services or resources essential to the Elder&rsquos practice of his or her customs, traditions, or religion or
(5) The abandonment of an Elder by his or her family, guardian, or caretaker.
p. &ldquoPhysical Abuse&rdquo means the intentional or reckless infliction of bodily harm.
q. &ldquoPower of Attorney&rdquo means a written document signed by an Elder and notarized giving another person the power to act in conducting the Elder&rsquos business in the name of the Elder. There are three main types of powers of attorney:
(1) A Power of Attorney for Finances and Property covers all the Elder&rsquos business activities, for example signing papers, title documents, contracts, or bank accounts
(2) A Limited Power of Attorney grants powers limited to specific matters, for example selling a particular piece of real estate or handling specific bank accounts
(3) A Power of Attorney for Health Care grants powers to individuals to make health care decisions on an Elder&rsquos behalf should they become incapacitated.
r. &ldquoProtective/Preventative Services&rdquo may include any of the following:
(1) Outreach or
(2) Identification of individuals in need of services or
(3) Information and referral for services necessary to assist the Elder or
(4) Coordination of services for individuals or
(5) Tracking and follow-up or
(6) Case Management.
s. &ldquoRetaliation&rdquo means taking any action against an individual for reporting Elder abuse, neglect, self-neglect, or exploitation, such as:
(1) Threatening the person(s) or
(2) Causing bodily harm or
(3) Causing termination, suspension, or reprimand by the employer or
(4) Damaging real or personal property or
(5) Defaming (libel and/or slander) the person(s) or
(6) Harassing the person(s).
t. &ldquoSelf-neglect&rdquo means a significant danger to an Elder&rsquos physical or mental health because the Elder is responsible for his or her own care but fails to or is unwilling to obtain adequate care, including, food, shelter, clothing, or medical or dental care.
u. &ldquoSexual Abuse&rdquo means abuse that consists of any kind of non-consensual sexual contact, including unwanted touching, sexual assault, and battery. It also includes unreasonable behavior toward an Elder of a sexual nature that causes physical, emotional, or mental injury to an Elder.
v. &ldquoVerbal Abuse&rdquo means abuse that stems from deliberate oral statements made toward an Elder which are meant to insult, frighten, humiliate, threaten, and/or to demean an Elder.