DMR.4.2.010 General Definitions

Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise:

(a) "Abuse" means:

(1) Intentional or negligent infliction of bodily injury, unreasonable confinement, intimidation, or cruel punishment of an elder or vulnerable adult with resulting physical harm, pain or mental anguish by any person, including anyone who has a special relationship with the elder or vulnerable adult such as a spouse, a child, or other relative recognized by tribal custom, or a caretaker;

(2) Sexual abuse which includes any physical contact with an elder or vulnerable adult intended for sexual gratification of the person making such contact and which is not consented to by the elder or vulnerable adult and for which the consent is obtained by intimidation or fraud. Sexual abuse also includes marital rape, attacks on sexual parts of the body, forcing sex after physical violence has occurred, or treating one in a sexually demeaning manner.

(3) Emotional abuse which includes intentional infliction of threats, humiliation or intimidation, undermining an individual's sense of self-worth and/or self-esteem constant criticism, diminishing one's abilities, name-calling, or damaging one's relationship with his or her children or grandchildren;

(4) Physical abuse which includes hitting, slapping, shoving, grabbing, pinching, biting, hair pulling, denying medical care or forcing alcohol and/or drug use;

(5) Exploitation which is the unauthorized or improper use of funds, property, or other resources of an elder or vulnerable adult; or the unauthorized or improper use of the elder or vulnerable adult by a caretaker or by any other person, for personal gain or profit; or the failure to use the funds, property, or other resources of an elder or vulnerable adult to their benefit or according to their desires; or withholding an elder or vulnerable adult's access to money;

(6) Intentional threat or infliction of harm to the pets of elders and vulnerable adults; and

(7) Self neglect resulting in impairment of health or quality of life, including the failure to attend to medical and dietary needs, make housing payments, etc; and

(8) Neglect which is the failure of a caretaker to provide for the basic needs of an elder or vulnerable adult by not supplying resources, services, or supervision necessary to maintain minimum physical and mental health and includes the inability of an elder or vulnerable adult to supply such basic needs for him/herself. Neglect is also interfering with delivery of necessary services and resources, failing to report abuse or neglect of an elder or vulnerable adult by any person, and failing to provide services or resources essential to the elder's or vulnerable adult's practice of his/her customs, traditions, or religion.

(b) "Caretaker" means:

(1) A person who is required by tribal law and custom to provide services or resources to an elder or vulnerable adult, including a guardian ad litem;

(2) A person who has voluntarily undertaken to provide care or resources to an elder or vulnerable adult;

(3) An institution or agency which voluntarily provides or is required by tribal law and custom and/or state law and/or federal law, to provide services or resources to an elder or vulnerable adult, including the duty to follow-up on placements, and any such institution or agency which receives anything of value in return for providing services or resources; or

(4) An employee of any institution or agency specified in Section DMR.4.2.010(b)(3) of this ordinance.

(d) "Vulnerable Adult" means any person, aged 18 or over, who is in need of community services due to illness or intellectual or physical disability; and who is unable to take care of him/herself or unable to protect him/herself against significant harm or exploitation.

(e) "Emergency" means a situation in which an elder or vulnerable adult is immediately at risk of death or injury and is unable to consent to services which would remove the risk.

(f) "Family" means a group of people affiliated by tribal law and custom.

(g) "Good Faith" means an honest belief or purpose and the lack of intent to defraud.

(h) "Incapacity" means the current functional inability of a person to sufficiently understand, make, and communicate responsible decisions about him/herself as a result of mental illness, mental deficiency, physical illness or disability, or chronic use of drugs or alcohol, and to understand the consequences of any such decision. Incapacity may vary in degree and duration and shall not be determined solely on the basis of age.

(i) "Least Restrictive Alternative" means an approach which allows an elder or vulnerable adult independence and freedom from intrusion consistent with the needs of the elder or vulnerable adult by requiring that the least drastic method of intervention be used when intervention is necessary to protect the elder or vulnerable adult from harm.

(j) "Protective Placement" means the placement of an elder or vulnerable adult in a hospital, nursing home, residential care facility, or transfer of the elder or vulnerable adult from one such institution to another with the their consent or appropriate legal authority.

(k) "Protective Services" means the services provided to an elder or vulnerable adult with their consent or with appropriate legal authority and include, but are not limited to: social case work, psychiatric and health evaluation, home care, day care, legal assistance, social services, health care, case management, guardianship and other services consistent with this ordinance. It does not include protective placement.

(l) "Retaliation" means threatening a reporter of abuse of an elder or vulnerable adult or the reporter's family in any way; causing bodily harm to the reporter or reporter's family; causing the reporter or any of the reporter's family to be terminated, suspended from employment or reprimanded by an employer, or damaging the reporter's or the reporter's family's real or personal property in any way.