Statutes | Confederated Tribes of the Umatilla Indian Reservation Crim. Code Chapter 4 Part XI ยง 4.97 | 2019
A. Purpose. The purpose of this part is to protect elders and incapacitated adults within the jurisdiction of the Reservation from abuse, harassment, exploitation or neglect as defined in this code. This code provides remedies for elder abuse, harassment or neglect situations. The code shall be liberally interpreted in order to achieve its purpose.
B. Definitions.
1. Abuse.
a. Intentional, knowing, reckless or negligent infliction of bodily injury, unreasonable confinement, intimidation, cruel punishment or treatment resulting in physical harm or pain or mental anguish, by any person, including but not limited to anyone who has a special relationship with the victim such as a spouse, a child, or other relative recognized by tribal ordinance and custom, or a care provider.
b. Sexual abuse: any physical contact with the victim intended for sexual gratification of the person making such contact, or for the purpose of degrading or humiliating the victim, and which is not consented to by the victim or for which the consent was obtained by intimidation or fraud
c. Emotional abuse: intentional infliction of threats, humiliation, or intimidation,
d. Exploitation: the unauthorized or improper use of funds, property, or other resources of an elder or incapacitated person, or failure to use the funds, property, or other resources to the elder or incapacitated person&rsquos benefit or according to the elder&rsquos direction.
2. Care Provider: A person, institution, or agency that is either: 1) required by law or custom, 2) is employed to, or 3) volunteers to provide care, services, or resources to an elder.
3. Elder: A senior citizen found on the Reservation who is at least sixty (60) years of age
4. Emergency: A situation in which an elder is immediately at risk of death or injury to person or property and is unable to consent to services which would remove the risk.
5. Family: Immediate family members are the mother, father, siblings, half-siblings, foster-children, children of a person or other persons residing in the same house that owe a duty of care to each other, as determined by tribal custom. Descendants of immediate family members, grandparents, aunts, uncles, and other relatives owe a duty of care as determined by tribal custom and tradition.
6. Good Faith: An honest belief or purpose and the lack of intent to abuse, exploit or neglect.
7. Harassment: Gestures, words or actions which tend to annoy, alarm, or verbally abuse or cause tension or stress on an elder or incapacitated person. Harassment includes, but is not limited to, situations where a person willfully subjects an elder or incapacitated person to unwanted or unwelcome sales, soliciting or begging.
8. Incapacity: The current inability or functional inability of a person to make responsible decisions about himself/herself as a result of mental illness, mental deficiency, physical illness or disability, or chronic use of drugs or liquor. Incapacity may vary in degree and duration and shall not be determined solely on the basis of age. A person&rsquos incapacity can be recognized by an official determination, by the Community, or by circumstances existing at a relevant time.
9. Neglect: The failure by a care provider to provide for, or the interference with, the basic needs of an elder or incapacitated adult by not supplying resources, services, or supervision necessary to maintain minimum physical and mental health, or failing to provide services or resources essential to the elder or incapacitated adult&rsquos practice of his customs, traditions, or religion.