Statutes | Kickapoo Tribe of Oklahoma Tribal Vulnerable Adult Protection Ordinance Chapter 3 ยง 305 | 2020
a. If there is good cause to believe that a Vulnerable Adult:
1. Is within the jurisdiction of the Court
2. Is at risk of immediate physical harm
3. Is reluctant or not voluntarily seeking assistance, and
4. The Law Enforcement Officer has probable cause to believe the Vulnerable Adult will be harmed before an Emergency Vulnerable Adult Protective Order can be obtained from the Court,
The Law Enforcement Officer may immediately take action to protect the Vulnerable Adult. These actions include:
5. Ordering the individuals whom the Officer believes are a threat to the Vulnerable Adult to leave the premises or residence within the tribal jurisdiction where the Vulnerable Adult is residing, works, or is threatened
6. To exclude non-members from the tribal jurisdiction
7. Take into custody without a warrant anyone they have probable cause to believe is violating the Kickapoo Tribal Law Enforcement Codes and hold them without bail or
8. Such other actions as the Officer reasonably believes necessary to temporarily protect the Vulnerable Adult from immediate harm,
All for a period not to exceed forty-eight (48) hours, excluding weekends and holidays, unless a Court order is issued extending the time period not to exceed the holding of a show cause hearing.
b. In addition to the remedies available under sub-section (a), if the Vulnerable Adult is incapacitated, the Law Enforcement Officer or Department investigator may immediately transport the Vulnerable Adult for medical treatment or to an appropriate protective placement.
c. The investigator or officer shall immediately contact the Court, which may be in person or by telephone, digital, electronic or other means of communication to request an Emergency Vulnerable Adult Protective Order. Within 24 hours after the Vulnerable Adult is protected, the Department or law enforcement shall file notice of the incident with the Court. The Court shall upon receiving an incident notice set a show cause hearing or Emergency Vulnerable Adult Protection Order hearing, as outlined in Section 400 et. seq. of this Ordinance.