Statutes | Kalispel Tribe Law and Order Code Chapter 27 § 27-6 §§ 27-6.01 | 2020
Unless otherwise required under this Chapter, the Elder and Vulnerable Adult Services staff may attempt the following listed below in lieu of filing a petition for an Elder and Vulnerable Adult Protection Order or an Adult Guardianship to ensure safety of the Elder or Vulnerable Adult, when he or she is not at risk of imminent harm. Attempting these preventative measures are not required, if Elder and Vulnerable Adult Services staff reasonably believe making these efforts would be futile:
(1) Family Group Conference. The Tribes may hold a Family Group Conference (FGC) to put in place a safety plan to ensure safety of the Elder or Vulnerable Adult, and/or to protect his or her finances and property. Such a plan may involve agreed removal of the Elder or Vulnerable Adult from their current situation. This FGC is designed to empower families by making them an integral part of the decision-making and planning process. This model promotes self-sufficiency and positive lifestyle choices. It is private, confidential and completely voluntary. The Elder and Vulnerable Adult Services staff may assist the family in identifying an appropriate person as the mediator, who will help facilitate a purposeful and directed conversation in which family members are encouraged to express their interests and concerns. Meetings are informal and are held in locations which meet the familys needs, including, but not limited to, private homes, tribal government offices, or community facilities. In this process, both the family members and service providers identify the needs of the family and develop a safety plan that recognizes and builds on their strengths. A safety plan will be developed as described below, as a result of the family group conference.
(2) Safety Plan. A safety plan to prevent filing of an Elder and Vulnerable Adult Protection Order may be set forth in writing, including any conditions or requirements to be performed, and over a fixed time period. This safety plan shall be voluntary. The Elder or Vulnerable Adult, his or her family, caregiver, and any other necessary persons shall sign the voluntary safety plan agreement. If the safety plan is not followed, the Tribe may immediately file for an ex parte protection order in accordance with this Chapter.