DMR.4.5.010 Emergency

(a) The Tribal Court shall issue an emergency protection order authorizing protective services or protective placement on an emergency basis upon petition supported by clear and convincing evidence that an elder or vulnerable adult:

(1) Is at risk of immediate physical harm;

(2) Is incapacitated and cannot consent to protective services;

(3) Has no one who is authorized by law or court order to give consent on an emergency basis; and an emergency exists.

(b) The emergency protection order shall:

(1) Set out the specific emergency services to be provided to the elder or vulnerable adult to remove the conditions creating the emergency;

(2) Provide only those services which will remove the emergency;

(3) Allow protective placement only if the evidence shows that it is necessary;

(4) Designate LCO Elder Protective Services as the entity required to implement the order; and

(5) Be issued for a maximum of 72 hours and may be renewed only once for an additional 72 hours provided the evidence show that the emergency is continuing.

(c) The Tribal Court may authorize forcible entry by law enforcement to enforce the emergency protection order after it has been shown that attempts to gain voluntary access to the elder have failed. A valid warrant must be issued in this instance.

(d) The petition for an emergency protection order shall contain the name, address or location and interest of the petitioner; the name, address or location and condition of the elder or vulnerable adult; the nature of the emergency; the nature of the incapacity of the elder or vulnerable adult; the proposed protective services, and where applicable, protective placement; the attempts, if any, to secure the consent of the elder or vulnerable adult to services; and any other facts the petitioner believes will assist the court.

(e) The Tribal Court shall hold a hearing on a petition to provide protective services or placement to an elder within 24 hours after an emergency protection order is issued.

(f) An emergency protection order can be set aside by the Tribal Court upon a petition of any party showing good cause.

(g) If there is good cause to believe that an emergency exists and that an elder or vulnerable adult is at risk of immediate and irreparable physical harm, the LCO Elder Protective Services investigator or law enforcement shall immediately protect the elder or vulnerable adult, including, where necessary, transporting the elder or vulnerable adult for medical treatment or to an appropriate facility. Immediately after the elder or other vulnerable adult is protected, a petition for an emergency protection order shall be filed and the procedures set out in this section will be followed.

(h) Any person who acts in good faith pursuant to this section is immune from any civil or criminal suit based on that person's actions.