Statutes | Kenaitze Indian Domestic Relations Code Chapter 10 ยง 3 | 2020
In this Chapter the following words shall have these meanings:
"Abuse" is intentional or negligent infliction of bodily injury, sexual abuse, emotional abuse, unauthorized and/or improper use of funds, property or other resources of an Elder, neglect, unreasonable confinement, intimidation or cruel punishment of an Elder resulting in physical harm or pain or mental anguish by any person, including anyone who has a special relationship with the Elder such as a spouse, a child, or other relative recognized by the Tribal Council as a caretaker. Abuse is also interfering with delivery of necessary services and resources, failing to report abuse or neglect of an Elder by any person, and failing to provide services or resources essential to the Elders practice of his/her customs, traditions, or religion.
"Caretaker" is a person who is required by tribal law, custom or state law to provide services or resources to an elder a person who has voluntarily undertaken to provide care or resources to an elder an institution or agency which voluntarily provides or is required by tribal law, custom or state/federal law to provide services or resources to an elder, including the duty to follow-up on placements, and any such institutions or agency which receives anything of value in return for providing services or resources. Caretakers also include employees of the institutions or agencies.
"Elder" is a member or spouse of a member of the Kenaitze Tribe who is 55 years or older.
"Incapacity" is the current inability or functional inability of a person to sufficiently understand, make, and communicate responsible decisions about himself as a result of mental illness, mental deficiency, physical illness or disability, chronic use of drugs or liquor, use of prescription medication and/or illegal drugs and to understand the consequences of any such decision. Incapacity may vary in degree and duration and shall not be determined solely on the basis of age.
"Protective Placement" is the placement of an Elder in a hospital, nursing home, residential care facility, or with a different family or person, or transfer of the Elder from one such institution to another with the Elders consent or appropriate legal authority.
"Protective Services" are services provided to an Elder with the Elders consent or with appropriate legal authority and include, but are not limited to, social case work, psychiatric and health evaluation, home care, day care, legal assistance, social services, health care, case management, guardianship, conservatorship, and other services consistent with this Ordinance. It does not include protective placement.
"Reporter" is someone who notifies the Kenaitze Tribal Court of a suspected abuse of an Elder or vulnerable adult.
"Retaliation" is threatening a reporter of Elder abuse or the reporters family in any way, causing bodily harm to the reporter or the reporters family, causing the reporter or any of the reporters family to be reprimanded by an employer, terminated from a job, suspended from general assistance, or damaging the reporters or the reporters familys real or personal property in any way.
"Vulnerable adults" are those persons over 18 who are mentally or physically incapacitated by physical conditions or by drug or alcohol induced conditions.