Sec. 506. Duration of the Adult Protective Order

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 29 Chapter 5 § 506

 An adult protection order shall be issued for a period not to exceed sixty (60) days. The Tribal Court shall review the order every sixty (60) days to determine whether the need for services still exists, and shall have the discretion to close the case at any time if it finds the situation has...

Sec. 505. Adult Protection Order

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 29 Chapter 5 § 505

 An order for adult protective services may include, but is not limited to, the following:        (1) Removing the person from the place where the abuse or neglect has taken or is taking place        (2) Removing the person who has abused or...

Sec. 504. Hearing-Determination by the Court

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 29 Chapter 5 § 504

 At the hearing, the APT shall present evidence that the adult is in need of protective services and lacks capacity to consent. If the Court determines by clear and convincing evidence that the adult is in imminent danger of substantial physical or mental injury and lacks the capacity to...

Sec. 503. Rights to the Adult

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 29 Chapter 5 § 503

The adult shall be immediately notified in writing that a petition has been filed in Tribal Court, the reasons for the petition, and the date and time of the hearing. The adult shall have the right to be present at the hearing, to be represented by counsel at his expense, and to present testimony...

Sec. 502. Definition of Lack of Capacity

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 29 Chapter 5 § 502

 For purposes of this chapter, lack of capacity to consent to services shall mean that the person does not understand the nature of the services being offered or the reasons for which the APT is offering the services.

Sec. 501. Petition to Court for Determination of Capacity

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 29 Chapter 5 § 501

(a) If the APT determines that an adult is being abused and/or is in imminent danger of substantial physical or mental injury, and lacks capacity to consent to protective services, it may petition the Tribal Court for an order authorizing APT services. The petition must allege specific facts to...

Sec. 401. Self-Endangerment

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 29 Chapter 4 § 401

 If any individual is found, upon investigation by the APT, to have self-inflicted his own abuse, and is in imminent danger of causing serious physical harm to himself and such person refuses assistance, the APT may submit a petition to the Tribal Court to determine the capacity of the adult...

Sec. 306. Reports to the Tribal Prosecutor

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 29 Chapter 3 § 306

 Whenever the APT makes a positive determination under Section 301, the APT shall inform the Tribal prosecutor, and pursuant to Section 602 of this Chapter, shall furnish information as requested by the prosecutor.

Sec. 305. Consents to Protective Services

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 29 Chapter 3 § 305

 The APT shall not provide protective services to an abused adult unless that person consents, except as provided in Chapter 5 of this Title.

Sec. 304. Central Registry

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 29 Chapter 3 § 304

The APT shall establish a central registry for reports of and convictions of abuse of an adult. The information in the central registry shall be confidential and may be released only to the APT.