11.05.080 Emergency situation investigations and procedures.
(a) The Tribal Court may issue an ex parte emergency protection order authorizing emergency services or protective placement upon clear and convincing factual statements and/or evidence that an elder or vulnerable adult:
(1) Is at risk of immediate physical harm or irretrievable or irreversible loss of valuable resources or benefits;
(2) No one is authorized by law or existing court order to give consent, or after reasonable efforts, no said person can be located; and
(3) The elder or vulnerable adult or authorized caretaker is incapacitated and cannot consent to services.
(b) The emergency protection order shall:
(1) State the name and interest (or relationship) of the petitioner;
(2) State the specific emergency services to be provided to convert the situation to nonemergency status;
(3) Allow protective placement only if the evidence indicates that it is absolutely necessary;
(4) Designate the person or agency required to implement the order;
(5) Be issued for 120 hours excluding weekends and holidays, and may only be renewed for a maximum of an additional 120 hours if evidence of a continuing emergency exists; said orders may be set aside upon a showing of good cause by any interested party (continuance may be granted for good cause at the discretion of the Court); and
(6) Present a transition plan for the at-risk elder or vulnerable adult for the period immediately following the expiration of the protective order until the order expires or a hearing is held pursuant to a permanent order request.
(c) The Tribal Court may issue a warrant for forcible entry by Tribal Law Enforcement if attempts to gain voluntary access have failed and a sworn declaration by a law enforcement officer or protective/social services worker sets forth emergent circumstances that establish probable cause that an elder or vulnerable adult is at risk. Note: this does NOT prohibit law enforcement from acting on probable cause at any scene where the officer personally observes and believes an at-risk situation exists; said officer may take the appropriate steps to secure the scene or mitigate the risk including but not limited to transporting the at-risk individual to a safe location. [Ord. 24 § 8, adopted, 2/10/2011.]