(a) An elder, vulnerable adult, family, and/or caretaker shall be informed of an abuse investigation as soon as the investigation begins or as soon thereafter as is possible unless an emergency exists. If an emergency exists, notice must be given using a means reasonably calculated to give actual notice as soon as possible, but in any event notice shall not be given later than 72 hours.

(b) Elders or vulnerable adults may refuse to accept protective services provided there is good cause to believe that the abused can take care of themselves and the elder or vulnerable adult knows of the services offered.

(c) Families or caretakers may refuse services for themselves but cannot refuse services for the elder or vulnerable adult unless alternate services have been established and no unusual risk remains.

(d) Elders, vulnerable adults, family, or caretakers may refuse to allow investigators into their home and must be told of the right of investigator to seek a warrant should entry be denied.

(e) Personal service of notice to the elder, vulnerable adult, family, and/or caretaker is required when a petition is filed pursuant to this Code.

(f) The elder, vulnerable adult, family, or caretaker has the right to attend all proceedings pertaining to the capacity of the abused unless the Tribal Court determines the elder or adult’s health is at risk in attending such proceedings. However, the Court may make accommodations as the Court sees fit to facilitate an elder or vulnerable adult’s participation.

(g) The elder, vulnerable adult, family, or caretaker has the right to independent medical, psychological or psychiatric evaluations at their own expense, but must submit to any Court-ordered evaluation or suffer a possible adverse inference from the failure to cooperate. [Ord. 24 § 9, adopted, 2/10/2011.]