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(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.]