As used in this Code, these terms have the following meanings:
“Abuse” is an intentional or negligent infliction of bodily injury, including but not necessarily limited to sexual abuse or exploitation, unreasonable confinement, intimidation, emotional abuse or cruel punishment of an elder or vulnerable person which results in physical injury or pain, or mental anguish. “Abuse” also includes improper or unauthorized use of an elder or vulnerable adult’s funds, property (real or personal), including regalia, or any other resource in a manner not consistent with the elder or vulnerable adult’s interests and needs. “Abuse” also includes failure to care for an elder or vulnerable adult when a standard of care or need has been medically or legally established which results in physical injury, pain or mental anguish; when said care has been communicated to the caregiver, who has accepted the duty to care for said person in need of care.
Advisor to Tribal Court. Any party to an action pursuant to this Code may nominate a member of their family or of another person known to them to act as an advisor to the Court, or the Court may nominate a person to serve this role for the elder or family. The advisor’s role is not designated to replace a party advocate but is to help the Court reach a disposition in each case that is consistent with the purposes of this Code to protect elders and vulnerable adults’ rights to basic needs and community participation that are consistent with Yurok cultural imperatives. For that purpose the advisor is allowed to address the Court with a nonbinding recommendation or, with the permission of the parties, address the court in chambers in an unreported hearing for the purpose of making nonbinding recommendations.
“Care plan for protection” of a named individual must contain a safety plan as approved by the Court whenever a temporary or permanent Order of Protection is issued pursuant to this Code. The requirements for a plan are established in YTC 11.05.120.
“Caretaker” is a person who is required by Tribal or state law or Tribal custom to provide services or resources to an elder or vulnerable adult; a person who volunteers to provide services or resources to an elder or vulnerable adult; and/or an institution or agency and its employees who are required by Tribal, state or federal law, Tribal custom or through any other agreement to provide services or resources to an elder or vulnerable adult.
“Duty of care” requires that a person act toward others and the public with the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would. If a person’s actions do not meet this standard of care, then the acts are considered negligent, and any damages resulting may be claimed in a lawsuit for negligence.
“Elder” is a citizen of the Yurok Tribe who is 55 years of age or older or a person who resides on the Yurok Reservation who is 55 years of age or older to whom a Tribal member owes a duty of care because of traditional or familial ties.
“Emergency” is a situation in which an elder or vulnerable adult is put in immediate risk of death or physical injury or serious loss of property and is unable to consent to services and/or mitigate or remove the risk.
“Exploitation” is the improper or unauthorized use of an elder or vulnerable adult’s money, property, personal belongings, or other resources. A failure to use an elder or vulnerable adult’s funds, property or resources as the elder or adult desires, and/or for their benefit, shall be deemed as exploitation.
“Family” is as determined by law, including but not necessarily limited to Tribal law, custom or traditions.
“Good faith” is an honest and reasonable belief or purpose and the lack of intent to defraud or injure.
“Least restrictive alternative” is whenever it is necessary to protect an elder or vulnerable adult, the least restrictive method of intervention consistent with protecting their freedom and independence will be utilized.
“Neglect” is a failure to provide for the basic needs of an elder or vulnerable adult by not supplying resources, care or supervision necessary to secure the basic needs of the person, including interfering with delivery of necessary services or resources and failure to report abuse of said persons; said failure will not include any failure based on the lack of available resources to the caretaker.
“Protective placement” is the placement of an elder or vulnerable adult in a hospital, nursing home, residential care facility, other suitable placement or transfer from one placement to another with consent of that person or with appropriate legal authority.
“Protective services” are those services provided to an elder or vulnerable adult with consent or by order of appropriate legal authority which include but are not limited to: social services, mental and physical health examinations, home and day care, legal assistance, guardianship, case management and any other services consistent with the intent of this Code.
“Retaliation” is considered intimidation or a threat to cause bodily harm or causing bodily harm to a reporter or family of a person reporting elder abuse; causing or attempting to cause the reporter or reporter’s family to be terminated, suspended or reprimanded by an employer; causing property damage to real or personal property belonging to a reporter’s family.
“Substantiated report” is when there is probable cause to make a finding of abuse after an investigation has been conducted by a protective or social services worker. The report is sent to the Tribal Prosecutor’s office for further action; said report will be kept by the prosecutor’s/social services office/protective workers office for a period of five years.
“Unsubstantiated report” is when no probable cause exists to pursue further action after an investigation by the assigned protective or social services worker. Said reports will be kept for two years.
“Vulnerable adult” is an adult who exceeds the age of 18 and is unable to protect themselves from abuse, neglect or exploitation. This includes the person who is unable to make responsible decisions for himself or herself because of mental illness or deficiency, physical disability or illness, age-related capacity issues, or the effects of chronic use of alcohol and/or drugs. [Ord. 24 § 3, adopted, 2/10/2011.]