§ 16. Investigations

Statutes | 4 HCC § 12 Chapter IV § 16

a. The Adult Prevention and Protection Social Worker shall initiate an investigation within one (1) business day of receipt of a report.   b. Written Investigative Report.   (1) A written investigative report shall be prepared and filed with the CFS Adult Prevention and Protection...

§ 17. Interference with Investigation and Retaliation - Civil Penalty

Statutes | 4 HCC § 12 Chapter IV § 17

a. No person shall interfere intentionally with a lawful investigation of suspected Adult-atRisk abuse, neglect, self-neglect, or exploitation.   b. No person shall retaliate by any means against any person who has made a good faith report of suspected Adult-at-Risk abuse, neglect,...

§ 18. Criminal Investigation.

Statutes | 4 HCC § 12 Chapter IV § 18

Any investigation and any other procedure allowed under this Act may continue even if a criminal investigation is undertaken.  The CFS Adult Prevention and Protection Program shall provide its cooperation with law enforcement to ensure the criminal investigation is not compromised.  

§ 19. Jurisdiction.

Statutes | 4 HCC § 12 Chapter V § 19

The Ho-Chunk Nation Trial Court is vested with the fullest jurisdiction permissible under applicable law. Pursuant to Article VII, section 5 (a) of the Ho-Chunk Nation Constitution, the Trial Court shall have original jurisdiction over all cases and controversies, both criminal and civil, in law or...

§ 20. Petition.

Statutes | 4 HCC § 12 Chapter V § 20

a. An Adult-at-Risk may wish to Petition the matter before the Court under the Adult-at-Risk Protection Act. The Adult-at-Risk has the option of proceeding in one of two ways:  (1) The Adult-at-Risk may file the Petition on his or her own independently. The Adultat-Risk shall file the Petition...

§ 21. Hearing.

Statutes | 4 HCC § 12 Chapter V § 21

a. Hearing. A hearing on a Petition authorized or required by this Act shall be conducted with the purpose of protecting the Adult-at-Risk only when necessary and only to the extent shown by the facts and using the least restrictive alternatives.   (1) All rights, as set out specifically in...

§ 22. Orders.

Statutes | 4 HCC § 12 Chapter VI § 22

a. Adult-at-Risk Protection Order. The Court may rule from the bench and then issue a written statement of its findings in support of any Adult-at-Risk Protection Order within thirty (30) days of the Hearing.     b. No Adult-at-Risk Protection Order shall be issued until ten (10)...

§ 23. Adult-at-Risk Protection Order.

Statutes | 4 HCC § 12 Chapter VI § 23

a. If the Court determines that an Adult-at-Risk has been abused, neglected, self-neglected, or exploited, the Court shall issue an Adult-at-Risk Protection Order which provides appropriate protection for the Adult-at-Risk. Such protection may include, but is not limited to the following: ...

§ 24. Modification of Termination.

Statutes | 4 HCC § 12 Chapter VI § 24

a. If modification or termination of the Order is needed a Motion shall be filed by a party seeking the modification or termination.     b. Notice shall then be provided for the Motion Hearing. At the Motion Hearing the burden of proof will be on the motioning party to prove by...

§ 25. Violation of Protection Orders.

Statutes | 4 HCC § 12 Chapter VI § 25

Violation of Court Protection Orders by a respondent may be punished by a fine of not more than $2,000. Said debt shall be a debt owed to the Nation and shall be collected as such pursuant to the Claims Against Per Capita Ordinance, 2 HCC § 8, or by a general garnishment Order.