Statutes | Kalispel Tribe Law and Order Code Chapter 27 § 27-5 §§ 27-5.02 | 2020

(1) Law enforcement involvement.  Tribal Police shall have the authority to place an endangered Elder or Vulnerable Adult into protective custody.  For the purposes of this Section, "endangered" means an Elder or Vulnerable Adult who is at immediate risk of serious injury or death due to suspected abuse, neglect, exploitation, or abandonment, and who demonstrates the inability to take action to protect himself or herself from the consequences of remaining in that situation or condition. 

(2) Medical treatment.  When a Tribal Police officer takes an endangered Elder or Vulnerable Adult into protective custody, the officer shall cause the endangered person to be transported to a hospital or Tribal health facility as soon as possible if a medical evaluation or necessary treatment is required. 

(3) Notification.  Upon taking an endangered Elder or Vulnerable Adult into protective custody pursuant to this Section, Tribal Police shall notify:

     (A) The endangered Elders or Vulnerable Adults next of kin, when appropriate, and

     (B)  Elder and Vulnerable Adult Services staff.

(4) Temporary custody.  Protective custody under this Section shall be temporary and not exceed a period of three business days from the date of placement into protective custody.

(5) Authority to place.  Both Tribal Police and Elder and Vulnerable Adult Services staff shall have the authority to locate and place an endangered Elder or Vulnerable Adult in an appropriate emergency placement.   Examples of an appropriate emergency placement are:  the home of a family or community member, if there is no risk to the Elder or Vulnerable adult an adult residential care facility or adult foster home or a medical facility such as a hospital.