§ 10. Immunity from Liability

Statutes | 4 HCC § 12 Chapter II § 10

Any person who in good faith reports suspected abuse, neglect, self-neglect, or exploitation of an Adult-at-Risk shall be immune from any legal action based on that person&rsquos report.   

§ 11. Civil Violation and Penalty for Failing to Report

Statutes | 4 HCC § 12 Chapter II § 11

Any person who is required by this Act and under the jurisdiction of the Ho-Chunk Nation to report suspected Adult-at-Risk abuse, neglect, self-neglect, or exploitation and fails to do so is subject to civil penalty not to exceed $2,000. The Court shall assess the penalty only after petition,...

§ 12. Civil Violation and Penalty for a Report Made in Bad Faith

Statutes | 4 HCC § 12 Chapter II § 12

 Any person who makes a report of suspected abuse, neglect, self-neglect, or exploitation knowing it to be false is subject to a civil penalty not to exceed $2,000. The Court shall assess the penalty only after petition, notice, an opportunity for hearing, and a determination that the person...

§ 13. Reports

Statutes | 4 HCC § 12 Chapter II § 13

Reports of suspected Adult-at-Risk abuse, neglect, self-neglect, or exploitation shall be made to the CFS Intake Staff. The CFS Intake Staff member who takes an oral report shall immediately complete a written report. Anonymous reports shall be investigated as required by this Act. The following...

§ 14. Rights of Adult-at-Risk

Statutes | 4 HCC § 12 Chapter III § 14

a. An Adult-at-Risk has the right to be informed about an Adult-at-Risk abuse investigation before it begins unless an emergency exists, in which case, they shall be informed as soon as possible, but not later than one (1) business day after the investigation begins.   b. An Adult-at-Risk...

§ 15. Rights of the Accused

Statutes | 4 HCC § 12 Chapter III § 15

a. The accused may refuse for themselves, but not for the Adult-at-Risk, services offered by the CFS Adult Prevention and Protection Program to help remedy the alleged abuse, neglect, or exploitation.   b. The accused may refuse to allow an Adult Prevention and Protection Social Worker into...

§ 4. Declaration of Policy

Statutes | 4 HCC § 12 Chapter I § 4

a. The dignity and self-reliance of the Nation&rsquos Adult-at-Risk shall be acknowledged and respected by family members, the community, and employees of the Nation. The rights of each Adult-at-Risk shall be protected.   b. When the well-being and safety of the Adult-at-Risk is threatened by...

§ 3. Scope

Statutes | 4 HCC § 12 Chapter I § 3

This Act shall cover abuse, neglect, self-neglect, and exploitation of Adults-at-Risk.

§ 2. Purpose

Statutes | 4 HCC § 12 Chapter I § 2

The purpose of this Act is to establish Tribal law to protect 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,...

§ 1. Authority

Statutes | 4 HCC § 12 Chapter I § 1

a. Article V, Section 2(a) of the Ho-Chunk Nation Constitution (&ldquoConstitution&rdquo) grants the Legislature the power to make laws, including codes, ordinances, resolutions, and statutes.   b. Article V, Section 2(b) of the Constitution grants the Legislature the power to establish...