DMR.4.4.010 Elder Protective Services and Elder Protective Placement; Other Services; Evaluation Procedures; Duty to Pay

(a) Protective services or protective placement are provided either on a voluntary or involuntary basis. Such services or placement may be provided on a voluntary basis by LCO Elder Protective Services or Adult Protective Services of Sawyer County when requested by any abused or neglected elder or vulnerable adult and the person is found to be in need of such services or placement. Such services or placement may be provided on an involuntary basis by LCO Elder Protective Services or Adult Protective Services, if mandated by the circumstances leading to charges of abuse. Such services or placement shall be provided on an involuntary basis only if the Tribal Court determines they are necessary. If an elder or vulnerable adult if placed in an involuntary protective placement, a petition must be filed in Tribal Court and that petition must be heard by the Court within ten (10) days. Such services or placement may be provided on an emergency basis, or, if necessary, on a permanent basis through a guardian appointed pursuant to tribal law, and shall be provided in a manner least restrictive to the liberty and rights of the elder or vulnerable adult consistent with their welfare and needs. Based on the Tribal Court's determination of the degree of incapacity, if any, as well as whether elder or vulnerable adult abuse or neglect has occurred, LCO Elder Protective Services will develop an individual plan for the delivery of protection services.

(b) Voluntary protective services or protective placement are provided subject to available appropriations and resources and only as determined necessary by LCO Elder Protective Services. If the consent of the elder or vulnerable adult to such services or placement is withdrawn, they shall cease. Such protective services or protective placement shall be provided for a period of no more than 30 days at a time. At the end of each period, LCO Elder Protective Services shall reassess the needs of the elder or vulnerable adult before agreeing to continue providing services and placement. Voluntary placement shall not be continued without a court order permitting continued voluntary placement after the elder or vulnerable adult has been in such placement for 45 days.

(c) Involuntary protective services or protective placement shall be provided to any elder or vulnerable adult who is incapacitated as a result of abuse or neglect but only upon Tribal Court order as required by this ordinance.

(d) Services as determined necessary by LCO Elder Protective Services may be delivered to the family or caretaker of the elder or vulnerable adult in order to protect the elder or vulnerable adult.

(e) Lac Courte Oreilles Elder Protective Services, in consultation with the Lac Courte Oreilles Community Health Center, will establish a process for conducting a comprehensive physical, mental and social assessment of an elder or vulnerable adult when a petition for a protection order has been filed.