Statutes | The Confederated Salish and Kootenai Tribal Law Code Title III Chapter 5 Part 1 ยง 3-5-104 | 2019

(1) All rights as set forth herein and in the Indian Civil Rights Act shall be enforced strictly during proceedings under this Chapter. The Court shall appoint an attorney, physician, and visitor on behalf of any elder or vulnerable adult whose capacity is being questioned.

(2) No hearing shall be held unless notice has been given to the elder or  vulnerable adult and other interested parties, including the elder or vulnerable adults family and caretaker. The elder or vulnerable adult and all other interested parties shall have the right to appear, to be heard fully,  and to present evidence unless the Tribal Court determines that the elder or vulnerable adults health would be at risk at such proceeding. The Tribal Court shall publish a written statement of its findings in support of any issuing order.

(3) No elder or vulnerable adult shall be found to be abused, neglected or exploited solely on the grounds of environmental factors which are beyond the elders, vulnerable adults, or caretakers control. Such factors include but are not limited to inadequate housing, furnishings, income, clothing, and medical care.

(4) Adult protective services will be provided based on the least restrictive alternative, and shall involve the input of the elder/vulnerable adult to the extent that said person is able.

(5) Adult protective service intervention will only be maintained until the risk is reduced or removed, or  alternatively, until the elder or vulnerable adult declines to accept services provided that said elder or vulnerable adult is able to care for himself or herself and/or has the capacity to understand the nature of the services offered.

(6) An elder or vulnerable adult and/or caretaker shall be informed about an investigation of  elder or vulnerable adult abuse, neglect or exploitation before it begins unless an emergency situation exists, in which case the elder or vulnerable adult and/or caretaker  shall be informed as soon as possible, but no later than 72 hours after the investigation begins.

(7) The elder or vulnerable adults caretaker may refuse adult protective services for himself or herself, but not for the elder or vulnerable adult.

(8) An elder, vulnerable adult, caretaker, or home occupant may refuse to allow the Designated Tribal Authority or the Tribal Police into their home and the Designated Tribal Authority or the Tribal Police shall so inform the elder, vulnerable adult, caretaker, or home occupant of this right and the right of the Designated Tribal Authority or the Tribal Police to seek a warrant before seeking entry.

(9)The elder or vulnerable adult in whose name any petition is filed shall be personally served with a copy of the petition pursuant to this code.

(10) An alleged at&ndashrisk or abused elder or vulnerable adult whose capacity is not in question shall have the right to defer civil court proceedings and have access to the Adult Protective Team.  The Adult Protective Team may be utilized by an elder or vulnerable adult as an alternative to a civil court proceeding. (Rev. 4-15-03)