Statutes | Winnebago Tribal Code Title 3 Article 12 ยง 3-1212 | 2019
1. The Tribal Court may issue an ex parte order authorizing the provision of short-term involuntary adult protective services or temporary placement for a vulnerable or elderly adult for up to seventy-two hours, excluding non-judicial days, pending the hearing for a need for continuing services, after finding on the record that:
a. The person is a vulnerable or elderly adult
b. An emergency exists and
c. There are compelling reasons for ordering protective services or temporary placement.
2. An ex parte order shall be issued only if other protective custody services are unavailable or other services provide insufficient protection.
3. The Department shall contact the Tribal prosecutor to file an application for short-term involuntary adult protective services or temporary placement if an investigation indicates probable cause to believe that an emergency exists for a vulnerable adult. The Department shall not be given legal custody nor be made guardian of such vulnerable or elderly adult. A vulnerable or elderly adult shall be responsible for the costs of services provided either through his or her own income or other programs for which he or she may be eligible.
3. A law enforcement officer may enter the premises where the vulnerable or elderly adult is located after obtaining the court order and announcing his or her authority and purpose. Forcible entry may be made only after the Court order has been obtained unless there is probable cause to believe that the delay of such entry would cause the vulnerable or elderly adult to be in imminent danger of life-threatening physical injury or the neglect of essential services.
4. When, from the personal observations of a representative a law enforcement officer, it appears probable that the vulnerable or elderly adult is likely to be in imminent danger of life-threatening physical injury or the neglect of essential services if he or she is not immediately removed from the premises, the law enforcement agency shall, when authorized by the Court order, take into custody and transport the vulnerable or elderly adult to an appropriate medical or protective placement facility.
5. When action is taken under this Section, a hearing shall be held within seventy-two hours of the signing of the Court order, excluding non-judicial days, to establish probable cause for short term involuntary adult protective services or for protective placement. Unless the vulnerable or elderly adult has counsel of his or her own choice or has indicated a desire for an attorney of his or her own choice, the Court shall appoint an attorney to represent him or her in the proceeding, who shall have the powers and duties of a guardian ad litem.
6. Notice of the hearing shall be served personally on the vulnerable or elderly adult. Waiver of notice by the vulnerable or elderly adult shall not be effective unless he or she attends the hearing or such notice is waived by the guardian ad litem. Notice of the hearing shall be given to the following parties whose whereabouts can be readily ascertained: (a) The spouse of the vulnerable or elderly adult (b) children of the vulnerable or elderly adult and (c) any other party specified by the Court.
7. A judgment authorizing continuance of short term involuntary adult protective services shall prescribe those specific adult protective services which are to be provided, the duration of the services which shall not exceed sixty days, and the person or persons who are authorized or ordered to provide them. [TCR 86-79, 15-133]