Chapter 5.50
PROTECTION PLANS

Sections:

5.50.010    Hearing on the plan.

5.50.020    Elder or vulnerable adult protection plan.

5.50.030    Additional recommendations.

5.50.040    Conduct of hearing on the plan.

5.50.050    Review hearings.

5.50.010 Hearing on the plan.

The Court shall set a hearing for entry of an elder or vulnerable adult protection plan to occur within 35 days of a finding by the Court at a fact-finding hearing pursuant to Chapter 5.45 CTC that the elder or vulnerable adult has been abused, neglected, or exploited, and is in need of protection. The Court shall schedule the hearing on the plan and shall serve notice to all parties. [Res. 2020-1.]

5.50.020 Elder or vulnerable adult protection plan.

A. Tribal Social Services shall prepare a written plan describing all reasonable and appropriate alternatives for protecting the elder or vulnerable adult, except that where Social Services is not the petitioner, the Court shall appoint a guardian ad litem, Social Services, or another suitable program or individual to prepare the written plan. The plan shall:

1. Explain why the plan is necessary and how it benefits the elder or vulnerable adult;

2. Detail any recommendations for restraint or removal from the home of any person found to have abused, neglected, or exploited the elder or vulnerable adult;

3. Detail any recommendations for services for the elder or vulnerable adult, or their family members, necessary to alleviate or remove the risks of immediate harm, or to remove the ongoing abuse, neglect, or exploitation;

4. Detail any recommendations for restitution for damages resulting from abuse, neglect, or exploitation;

5. Detail any progress made since issuance of any emergency protection order; and

6. Contain the professional opinions of any professionals consulted.

B. The written plan may also recommend concurrent proceedings for appointment of a guardian or protective payee, pursuant to Chapter 5.55 CTC.

C. The report shall be filed with the Court and copies provided to all parties at least 10 days before any hearing on the plan. [Res. 2020-1.]

5.50.030 Additional recommendations.

Any other party may prepare his or her own recommendations to the Court in the form of a vulnerable adult protection plan, a copy of which shall be filed with the Court and provided to all parties at least five days before any hearing on the plan. [Res. 2020-1.]

5.50.040 Conduct of hearing on the plan.

A. The Court shall hear testimony and consider all elder or vulnerable adult protection plans submitted.

B. All parties shall be given a chance to contest the facts and conclusions presented in each plan.

C. The Court shall order that a plan be implemented for the protection and well-being of an elder or vulnerable adult, intended to alleviate or remove the risks of immediate harm, or to remove the ongoing abuse, neglect, or exploitation.

D. The plan may restrain or exclude from contact with the elder or vulnerable adult, and from the elder’s or vulnerable adult’s home, place of work, Tribal buildings and businesses, school, or care facility, any person found to have abused, neglected or exploited the elder or vulnerable adult. The Court may make allowing contact or return to the home conditional upon compliance with its orders.

E. The plan may include services for the elder or vulnerable adult and his or her family, consistent with subsection C of this section, which may include:

1. Maintaining some or all provisions of any emergency protection order;

2. Restraining orders, which shall remain in effect for one year, unless the Court finds good cause to enter orders for longer or shorter time periods;

3. Evaluation and treatment including involuntary residential treatment of medical needs, substance abuse, mental illness, or emotional disturbance;

4. Freezing bank accounts and assets, putting a hold on transactions, or taking other action necessary to protect the vulnerable adult’s or elder’s property and finances pending further investigation; or

5. Other services or activities necessary to protect and preserve the elder’s or vulnerable adult’s health, safety, and welfare.

F. If the Court finds that the elder or vulnerable adult is in need of longer-term services or care, and would benefit from appointment of a guardian or protective payee, the Court may in its discretion recommend Social Services or another party to file a separate action pursuant to Chapter 5.55 CTC for appointment of a guardian or protective payee.

G. The Court may require any person with a fiduciary duty to the elder or vulnerable adult to account for the elder’s or vulnerable adult’s funds and property.

H. The Court may also enter a judgment and order of attachment of per capita payments and/or order of garnishment of other income for non-Tribal members for restitution and costs of any person found to have abused, neglected, or exploited the elder or vulnerable adult, to the fullest extent allowable under the law. [Res. 2020-1.]

5.50.050 Review hearings.

A. The Court shall conduct a hearing to review the elder or vulnerable adult protection plan at least once every six months from entry of the protection plan. At the hearing, the Court shall:

1. Review compliance with the order and consider whether modification is necessary to protect the elder or vulnerable adult.

2. Assess at each review of an agreed plan whether the elder or vulnerable adult remains in agreement with the plan.

3. Consider whether the current plan continues to be necessary to protect and prevent risk of serious harm to the elder or vulnerable adult, or whether a less restrictive alternative is warranted.

B. Social Services, or the petitioner where Social Services is not a party to the matter, shall file with the Court and provide to parties, to include the elder or vulnerable adult, at least 10 days before the review hearing a report which includes:

1. Information about the elder’s or vulnerable adult’s current well-being, to include in regard to his or her physical, mental, and emotional health; housing; caretakers, if any; finances, if relevant to the protection plan; contact with community and family; and participation in educational, employment, cultural, spiritual, or other activities.

2. Services that are currently part of the plan, and compliance status.

3. Recommendations for any modifications to the current protection plan.

C. Any other party may at least 10 days before the review hearing file and provide to parties their own report to the Court.

D. Responses to reports shall be filed with the Court and provided to parties at least five days before the review hearing. [Res. 2020-1.]