Statutes | Kalispel Tribe Law and Order Code Chapter 27 § 27-1 §§ 27-1.04 | 2020
As used in this Chapter:
(1) Abandonment:
"Abandonment" is leaving an Elder or Vulnerable Adult without means or ability to obtain one or more of the basic necessities of life or essential services.
(2) Abuse:
"Abuse" is the intentional or reckless behavior toward an Elder or Vulnerable Adult which places that persons life, physical, mental, or emotional health or welfare in jeopardy or which is likely to result in impairment of health. Abusive acts includes but is not limited to physical abuse sexual abuse mental abuse unreasonable confinement unreasonable restraint or deprivation of essential services.
(3) Adult:
"Adult" is any person who is either eighteen (18) years of age or older, married or otherwise emancipated.
(4) Adult Protective Services:
" Adult Protective Services" are preventative and remedial activities performed on behalf of Elders and Vulnerable Adults who are subjected to abuse, neglect, exploitation, or abandonment.
(5) Caretaker:
"Caretaker" is an individual or entity with the duty to, or has assumed the duty, for the care of an Elder or Vulnerable Adult.
(6) Court Or Tribal Court:
The Kalispel Tribal Court when exercising jurisdiction under this Chapter.
(7) Elder:
"Elder" is a person who is fifty-five (55) years of age or older.
(8) "Elder Advocate" is an employee of the Tribe whose primary duties include providing advocacy, education, and resources to Elders. Designation as an "Elder Advocate" under this Chapter shall made by the Tribe.
(9) Emergency situation:
"Emergency situation" is where an Elder or Vulnerable Adult is in imminent or immediate risk of physical or mental injury as a result of abuse, neglect, exploitation, or abandonment.
(10) Essential Services:
"Essential Services" are the things necessary to sustain a persons life, physical and mental health, and general well-being, like food, clothing, shelter, and health care. It may include service or items considered essential under the persons customs, tradition or religion, including but not limited to, access to traditional foods, and to religious ceremonies or services.
(11) Exploitation:
"Exploitation" is illegal or improper use of an Elder or Vulnerable Adult or that persons income or resources, including trust funds, for another persons profit or advantage. This includes but is not limited to intentionally or recklessly using income, funds, or property of an Elder or Vulnerable Adult to their detriment or acquiring an interest in property or funds of an Elder or Vulnerable Adult by using undue influence, harassment, duress, or fraud.
(12) Extended Family Member:
A person who is the Elders or Vulnerable Adults grandparent or grandchildren, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or step-child and any other person who is considered a family member under tribal law or custom a non-Indian relative who is an accepted member of the Kalispel Indian Community and would be considered a family member by tribal custom shall also be considered part of the Elders or Vulnerable Adults extended family for purposes of definition.
(13) Guardian:
A person, 25 years or older, whom the Court has given certain rights and responsibilities to care for another person and/or the persons real and/or personal property.
(A) Guardian of the Person: Entails the responsibility for the care and custody of the incapacitated person.
(B) Financial Guardian: Entails the responsibility for the administration and management of the incapacitated persons finances and/or property.
(14) Incapacity:
"Incapacity" is the current inability of a person to receive and evaluate information, or to make and communicate responsible decisions about himself or herself as a result of mental illness, mental deficiency, physical illness or disability, or the chronic use of drugs or alcohol. Such a person would lack the ability to provide or obtain the essential services for their own physical health or safety and are at significant risk of personal harm, or are unable to manage their financial affairs without Courtordered assistance.
(15) Indian Tribe:
"Indian Tribe" is any Indian Tribe, band, nation, or other organizational group, or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior based on their status as Indians, including any Alaskan Native village defined in §3(c) if of the Alaska Native Claims Settlement Act (85) Stat. 688, 689), as amended any treaty tribe, metis community or non-status Indian community from Canada and any tribe recognized as an Indian tribe by the Kalispel Tribe of Indians, regardless of whether it has federal recognition.
(16) Kalispel Tribal Community:
"Kalispel Tribal Community" includes enrolled members of the Kalispel Tribe of Indians, members of their households, residents of land held in trust for the Kalispel Tribe of Indians, and persons consenting to the jurisdiction of the Kalispel Tribe of Indians.
(17) Mental Abuse:
"Mental Abuse" is to willfully subject an Elder or Vulnerable Adult to verbal assaults, threats, ridiculing, coercion, harassment, unreasonable confinement or restraint, or other forms of intimidating behavior.
(18) Neglect:
"Neglect" is behavior or inaction of a family member or caretaker which results in a failure to provide or arrange for the essential services necessary to maintain the health, well being, and safety of an Elder or Vulnerable Adult. This definition also includes self-neglect.
(19) Physical Abuse:
"Physical Abuse" is the intentional, reckless, or negligent infliction of bodily injury, physical pain, serious illness or an impairment of a physical condition to an Elder or Vulnerable Adult.
(20) Probable Cause/Reason To Believe:
"Probable Cause/Reason to Believe" is/are facts which support a reasonable belief of the existence of a particular conclusion.
(21) Retaliation:
"Retaliation" is committing or threatening to commit the following acts to investigators, reporters, or witnesses under this Chapter: physical, emotional, property, or financial harm or reprimand, suspension, or termination from employment .
(22) Self Neglect:
"Self Neglect" is the failure of an Elder or Vulnerable Adult to obtain or arrange for the essential services necessary to maintain the persons own health, well being, and safety this does not include the conscious and voluntary decision as a matter of personal choice of a mentally competent Elder or Vulnerable Adult to live in circumstances that threaten his health or safety.
(23) Sexual Abuse:
"Sexual Abuse" is the willful threat or imposition of malicious sexual activity that is violent and abusive, including lewd or indecent acts or proposals, and sexual exploitation toward an Elder or Vulnerable Adult by another, including a caretaker. This definition shall not apply to consensual relationships between an Elder or Vulnerable Adult and a spouse, or by an Elder or Vulnerable Adult and another of legal age, where the Elder or Vulnerable Adult has the capacity to consent to the activity.
(24) Tribal Court:
"Tribal Court" or "Court" shall refer to the Kalispel Tribal Court.
(25) Tribal Status:
"Tribal Status" is the potential Indian tribe or tribes, in which an Elder or Vulnerable Adult is eligible to be enrolled or to be a member, or is enrolled or is a member.
(26) Unreasonable Confinement:
"Unreasonable Confinement" includes: acts intentionally committed to prevent an Elder or Vulnerable Adult from receiving his or her mail or telephone calls or telling a caller or visitor that an Elder or Vulnerable Adult is not present or does not wish to talk with the caller or meet with the visitor, when this statement is false and contrary to the wishes of the Elder or Vulnerable Adult, and is made for the purpose of preventing the Elder or Vulnerable Adult from having contact with family, friends, or concerned persons. Such acts shall not constitute unreasonable confinement if performed pursuant to the instructions of a licensed medical provider who is providing medical care to the Elder or Vulnerable Adult and such instructions are part of his or her medical care or if performed in response to a perceived threat of danger to property or physical safety.
(27) Unreasonable Restraint:
"Unreasonable Restraint" is the physical or chemical restraint of an Elder or Vulnerable Adult for the purpose of exploitation, or preventing the Elder or Vulnerable Adult from meeting with or having contact with family, friends, or concerned persons.
(28) Vulnerable Adult:
(A) A "Vulnerable Adult" is a person eighteen years of age or older, or an emancipated person younger than eighteen years of age, that is permanently or temporarily unable to provide for their own care including the provision of food, shelter, clothing, health care, supervision, or management of finances, or has an impaired ability to protect themselves from abuse, neglect, exploitation, or abandonment. The inability to provide for their own care must be due to an illness, chronic use of drugs or alcohol, or a physical, mental, or developmental disability or
(B) A person who has been found incapacitated and appointed a guardian under the laws of the Kalispel Tribe or by a court of competent jurisdiction.