Statutes | Kickapoo Tribe of Oklahoma Tribal Vulnerable Adult Protection Ordinance Chapter 3 ยง 302 | 2020
a. Protective services or placement may be provided on a voluntary basis by the Department when requested, or accepted, by a Vulnerable Adult that is abused, neglected, self-neglected, or exploited and the Vulnerable Adult is found by the Department to be in need of such services or placement.
b. Voluntary protective services or protective placement will cease if the Department deems such services are no longer needed by the Vulnerable Adult or the Vulnerable Adults consent to such services is withdrawn unless the Vulnerable Adult is found to be incapacitated.
c. Voluntary protective services or placement shall be provided for a period of not more than Twenty-One (21) days at a time. At the end of each 21-day period, the Department shall reassess the Vulnerable Adults needs before continuing to provide services and placement.
d. 1. When a caretaker of. a vulnerable adult who consents to the receipt of protective services refuses to allow the provision of such services to the person, the Department may petition to the Court for a decree enjoining the caretaker from interfering with the provision of protective services to the person.
2. The complaint must allege specific facts sufficient to show that the person is a vulnerable adult in need of protective services, consents to the receipt of protective services, and that the caretaker refuses to allow the provision of such services.
3. If the Court finds that the person is a vulnerable adult in need of protective services, consents to the recipe of protective services, and that the caretaker refuses to allow the provision of such services, the Court may enter a decree:
i. enjoining the caretaker from interfering with the provision of protective services to the vulnerable adult,
ii. freezing the assets of the Vulnerable Adult if it has been determined by preponderance of the evidence that the vulnerable adult is being exploited and it is necessary to protect such assets, and
iii. issuing a Temporary Restraining Order freezing the assets of the caretaker or other person if upon oath or affirmation it appears immediate and irreparable injury, loss, or damage will result to the Vulnerable Adult before the adverse party or his attorney can be heard in opposition and that the Court finds the Temporary Restraining Order necessary to protect its ability to remedy the Vulnerable Adults alleged exploitation during the pendency of a full hearing on the exploitation.
e. If a Vulnerable Adult does not consent to the receipt of protective services or withdraws consent to the receipt of such services, the services shall be terminated, unless the Department believes that the person lacks capacity to consent, in which case the Department may seek Court authorization to provide services pursuant to Section 303 and Chapter Three (3) of this Ordinance.
f. Voluntary placement shall not be continued after sixty (60) days without a Court order permitting continued voluntary placement.
g. Voluntary protective services or placements will be provided contingent upon funding and resources available.