Statutes | Kalispel Tribe Law and Order Code Chapter 27 § 27-4 §§ 27-4.01 | 2020

(1) Duty to investigate.  The Kalispel Tribe Elder and Vulnerable Adult Services have a duty to investigate allegations of abuse, neglect, exploitation, and abandonment of Elder and Vulnerable Adults who fall under the jurisdiction of the Tribal Court pursuant to this Chapter, and to provide appropriate services to address concerns which may arise during the investigation.  This duty may be satisfied by coordinating with an appropriate adult protection agency which may assist with or conduct the investigation, or provide necessary services for the Elder or Vulnerable Adult. 

(2) Non-emergent reports.  In non-emergency situations, designated Kalispel Tribe Elder and Vulnerable Adult Services staff and/or appropriate adult protection agency shall investigate the report within 72 hours of receipt to determine whether the interests of the person and the tribal community require that further action be taken.

 (3) Emergent reports.  In emergency situations, the report shall be investigated within 24 hours by designated Kalispel Elder and Vulnerable Adult Services staff and/or appropriate adult protection agency.

(4) Investigative procedures.  The investigation conducted by Elder and Vulnerable Adult Services shall include the following, whenever possible:

     (A) Personal interviews of the alleged victim, the immediate family and caregivers, suspected abuser, employees of the agencies that may be involved, and any other person who may have pertinent information

     (B) Acquiring medical records and other evidence of physical or mental condition or acts of harm

     (C) Assessing the Elders or Vulnerable Adults living conditions, using the Tribal standard for housing and

     (D) Any other investigative procedure or assessment that may aid in completing an accurate report. 

(5) Written summary.  The Elder and Vulnerable Adult Services staff assigned to the investigation shall prepare a written summary of the investigation within 40 days of the receipt of the initial report, or sooner if required for Court proceedings.  This summary shall include the following:

     (A) The description of the allegations made by the initial reporter

     (B) A description of the condition of the Elder or Vulnerable Adult

     (C)  The conclusions made after the investigation pursuant to part 4 of this section

     (D) Other information helpful in establishing whether abuse, neglect, exploitation, or abandonment has occurred and 

     (E) The Elder and Vulnerable Adult Services staffs recommendations for future action, including but not limited to the following:

          (i) Recommend that no further action be taken or

          (ii) Provide supportive services, case management, or referrals for the vulnerable adult or

          (iii) Request to the Tribal Court Presenting Officer that Kalispel Tribal Court proceedings under this chapter begin or

          (iv) Request to Tribal Law Enforcement and the Tribal Prosecutor that a concurrent criminal investigation be opened or

          (v) Recommend that the Tribal Court transfer the matter to a state court or another Tribal Court under Section 1.03 of this code.