DMR.4.7.030 Elder Protection Order Time Limits

(a) If the Tribal Court determines that an elder or vulnerable adult is incapacitated and abused or neglected, the Tribal Court shall issue a protection order which provides appropriate protection for the elder or vulnerable adult. Such protection may include, but is not limited, to the following:

(1) Removing the elder or vulnerable adult from the place where the abuse or neglect has taken place or is taking place for no longer than 90 days;

(2) Removing the person who has abused or neglected an elder or vulnerable adult from the elder's home;

(3) Restraining the person who has abused or neglected an elder or vulnerable adult from continuing such acts;

(4) Requiring the family or caretaker or any other person with a fiduciary duty to the elder or vulnerable adult to account for their funds and property;

(5) Requiring any person who has abused or neglected an elder or vulnerable adult to pay restitution to the elder for damages resulting from that person's wrongdoing;

(6) Appointing a representative or guardian ad litem for the elder or vulnerable adult;

(7) Recommending that a representative payee be named; and

(8) Ordering Lac Courte Oreilles Elder Protective Services to prepare a plan for and deliver protection services which provide the least restrictive alternatives for services, care, treatment, or placement consistent with the needs of the elder or vulnerable adult.

(b) A protection order shall be issued within 10 days after the petition is served on all parties, except for an emergency protection order.

(d) The order may be extended as many times as necessary to protect the elder or vulnerable adult, but only after a petition is filed by the party seeking an extension and notice, opportunity for hearing, and a determination based on proof beyond a reasonable doubt that such an extension is necessary to protect the elder or vulnerable adult. Each extension shall be for a period not to exceed one year.