Statutes | 4 HCC § 12 Chapter I § 5 | 2020
Terms used in this Act have the following meaning:
a. &ldquoAbandonment&rdquo means the desertion or willful forsaking of an Adult-at-Risk which may include foregoing a duty of care. b. &ldquoAbuse&rdquo means one or more of the following:
(1) The intentional or negligent infliction of bodily harm, unreasonable confinement, or intimidation causing mental anguish by any person, including a person having a special relationship with the Adult-at-Risk e.g., a spouse, child, or other relative, or a caretaker or
(2) The infliction of physical, emotional, or mental injury on an Adult-at-Risk, or sexual abuse or exploitation of an Adult-at-Risk or
(3) Attempting to cause or causing physical harm, bodily injury, or assault on an Adultat-Risk or the Adult-at-Risk&rsquos family or caretaker or
(4) Subjecting an Adult-at-Risk to deliberate verbal abuse, this may include: insulting, frightening, humiliating, threatening, and/or demeaning an Adult-at-Risk or
(5) However, no person shall be deemed to be abused for the sole reason they are being furnished non-medical remedial treatment by spiritual means through prayer alone in accordance with a recognized religious method of healing in lieu of medical treatment, or if the wishes of an Adult-at-Risk&rsquos Do Not Resuscitate (DNR) or Power of Attorney (POA) are being followed.
c. &ldquoAdult At-Risk&rdquo means any adult 18-59 who has a physical or mental condition that substantially impairs his or her ability to care for his or her needs and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or exploitation.
d. &ldquoAdult Prevention and Protection Social Worker&rdquo means an employee of the Nation who is employed to help Adult-at-Risk.
e.&ldquoCaretaker&rdquo can mean, but is not limited to, the following:
(1) An individual that is assisting person with basic daily cares, finances and other needs required for the Adult-at-Risk each day to maintain their personal level of functioning with dignitary.
(2) A non-paid family member, friend, neighbor or paid individual who is working directly for the person or through an agency to provide services or resources to an Adult-at-Risk
(3) An institution or agency which voluntarily or is required by Tribal law or custom, state or federal law, or contract to provide care, services, or resources to an Adult-at-Risk
(4) An employee of any institution or agency specified in paragraph (3), above.
f. &ldquoCase Management&rdquo means the coordination of services provided to the Adult-at-Risk by the Adult Prevention and Protection Social Worker.
g.&ldquoCourt&rdquo means the Ho-Chunk Nation Trial Court.
h.&ldquoEmergency&rdquo is an unforeseen combination of circumstances that calls for immediate action without time for full deliberation.
i.&ldquoEmotional Abuse&rdquo means language or behavior that serves no legitimate purpose and is intended to be intimidating, humiliating, threatening, frightening, or otherwise harassing, and that does or reasonably could intimidate, humiliate, threaten frighten, or otherwise harass the individual to whom the conduct or language is directed.
j.&ldquoExploitation&rdquo means the act of taking unjust advantage of an Adult-at-Risk financially or otherwise.
k.&ldquoFamily&rdquo means all of the customary family relationships recognized by the Nation, including extended family relationships.
l.&ldquoGuardian ad Litem&rdquo means a person appointed by the Court to represent the best interests of the Adult-at-Risk.
m. &ldquoGuardian&rdquo means a person appointed by the Court to manage the income and assets of an at-risk individual and provide for the essential requirements for health and safety and the personal needs of an individual found to be incompetent or a spendthrift.
n. &ldquoGuardian of the estate&rdquo means a person appointed by the Court to represent the best interest of the Adult-at-Risk.
o. &ldquoGuardian of the person&rdquo means a guardian appointed by the Court to ensure the health and safety of the personal needs of an individual found to be an incompetent or a spendthrift.
p.&ldquoGood Faith&rdquo means an honest belief or purpose and the lack of intent to defraud.
q.&ldquoLeast Restrictive Alternative&rdquo means an approach which allows an Adult-at-Risk independence and freedom from intrusion consistent with the Adult-at-Risk&rsquos needs by requiring that the least disruptive method of intervention be used when intervention is necessary to protect the Adult-at-Risk from harm.
r.&ldquoNeglect&rdquo means any of the following:
(1) Failure of a caregiver, as evidence by an act, omission, or course of conduct, to endeavor to secure or maintain adequate care, services, or supervision for an individual including food, clothing, shelter, or physical or mental health care, and creating significant risk or danger to the individual physical or mental health or
(2) The interference with the delivery of necessary services or resources or
(3) The failure to report abuse, neglect, self-neglect or exploitation of an Adult-at-Risk or
(4) The failure to provide services or resources essential to the Adult-at-Risk&rsquos practice of his or her customs, traditions, or religion or
(5) The abandonment of an Adult-at-Risk by his or her family, guardian, or caretaker.
s.&ldquoPhysical Abuse&rdquo means the intentional or reckless infliction of bodily harm.
t.&ldquoPower of Attorney&rdquo means a written document signed by an individual, including an Adult-at-Risk and notarized giving another person the power to act in conducting the Adultat-Risk&rsquos business in the name of the Adult-at-Risk. An ordinary Power of Attorney is revocable and automatically terminates upon the death or incapacity of the principle unless the Power of Attorney is a Durable Power of Attorney. There are four main types of powers of attorney:
(1) A Power of Attorney for Finances and Property covers all the Adult-at-Risk&rsquos business activities, for example signing papers, title documents, contracts, or bank accounts
(2) A Limited Power of Attorney grants powers limited to specific matters, for example selling a particular piece of real estate or handling specific bank accounts
(3) A Power of Attorney for Health Care grants powers to individuals to make health care decisions on an Adult-at-Risk&rsquos behalf should they become incapacitated.
(4) Durable Power of Attorney is one that remains in effect during the Adult at Risk&rsquos incompetency. A Heath Care Power of Attorney is an example of a Durable Power of Attorney.
u.&ldquoPrevention/Protective Services&rdquo may include any of the following:
(1) Outreach or
(2) Identification of individuals in need of services or
(3) Information and referral for services necessary to assist the Adult-at-Risk or
(4) Coordination of services for individuals or
(5) Case Management.
v.&ldquoRetaliation&rdquo means taking any action against an individual for reporting Adult-at-Risk abuse, neglect, self-neglect, or exploitation, such as:
(1) Threatening the person(s) or
(2) Causing bodily harm or
(3) Causing termination, suspension, or reprimand by the employer or
(4) Damaging real or personal property or
(5) Defaming (libel and/or slander) the person(s) or
(6) Harassing the person(s).
w.&ldquoSelf-neglect&rdquo means a significant danger to an Adult-at-Risk&rsquos physical or mental health because the Adult-at-Risk is responsible for his or her own care but fails to or is unwilling to obtain adequate care, including, food, shelter, clothing, or medical or dental care.
x. &ldquoSexual Abuse&rdquo means abuse that consists of any kind of non-consensual sexual contact, including unwanted touching, sexual assault, and battery. It also includes unreasonable behavior toward an Adult-at-Risk of a sexual nature that causes physical, emotional, or 8 mental injury to an Adult-at-Risk.
y.&ldquoVerbal Abuse&rdquo means abuse that stems from deliberate oral statements made toward an Adult-at-Risk which are meant to insult, frighten, humiliate, threaten, and/or to demean an Adult-at-Risk.