Statutes | Winnebago Tribal Code Title 3 Article 12 ยง 3-1216 | 2019

1. If the Court determines that there is reasonable cause to believe that a vulnerable or elderly adult is abused, neglected, or exploited, the Court shall issue an elder protection order which provides appropriate protection for the vulnerable or elderly adult. Such protection may include, but is not limited to the following.


a. Removing the vulnerable or elderly adult from the place where the abuse, neglect, or exploitation has taken or is taking place.


b. Removing the person who abused, neglected, or exploited the vulnerable or elderly adult from the victims home immediately.


c. Restraining the person who has abused, neglected, or exploited the vulnerable or elderly adult from continuing such acts.


d. Placing the vulnerable or elderly adult under protective supervision, wherein the vulnerable or elderly adult is permitted to remain in the home, providing the Department or a designated agent provides supervision and assistance to correct the abuse, neglect or exploitation of the vulnerable or elderly adult.


e. Requiring the vulnerable or elderly adults family or caretaker or any other person with a fiduciary duty to the vulnerable or elderly adult to account for the vulnerable or elderly adults funds and property.


f. Requiring any person who has abused, neglected, or exploited a vulnerable or elderly adult to pay restitution to the vulnerable or elderly adult for damages resulting from that persons wrongdoing.


g. Appointing a representative or a guardian ad litem for the vulnerable or elderly adult.


h. Recommending that a representative payee be named.


i. Ordering the Department to prepare a plan for and deliver protective services which provide the least restrictive alternatives for services, treatment, or placement consistent with the vulnerable or elderly adults needs. 


2. No protection order shall be issued until three (3) days after the petition has been served on all parties, except for an emergency protection order.


3. An initial non-emergency vulnerable or elderly adult protection order shall be issued for a period not to exceed sixty (60 days).


4. The non-emergency protection order may be extended as many times as necessary to protect the vulnerable or elderly adult. An extension of a protection order can only be issued after a petition is filed by a party seeking an extension, notice, opportunity for hearing, and a determination based upon proof beyond a reasonable doubt that such an extension is necessary for the protection of the vulnerable or elderly adult. Each extension order shall be for a period not to exceed thirty (30) days. If modification or termination of a protection order is needed, a motion shall be filed by the party seeking the modification or termination.


5. Notice shall be provided for a modification or termination hearing. At the hearing the burden of proof will be on the motioning party to prove by clear and convincing evidence that such a modification or termination is in the best interests of the vulnerable or elderly adult, or that such modification is necessary for the protection of the vulnerable or elderly adult. [TCR 15-133]