The Tribe will be represented by the Tribal Prosecutor in all matters pursuant to this Code. The prosecutor will review any and all cases prior to filing of a petition; if the prosecutor declines to prosecute, a private party may file a petition pursuant to this Code and the Court may ask the prosecutor for a recommendation which will include a summary of the reasons for initially declining prosecution.
(a) Petition. The Tribal Prosecutor shall initiate proceedings on behalf of the Tribe, by filing a petition which contains the following information:
(1) The name, birth date, age, residence, and gender of the elder and/or vulnerable adult;
(2) The factual basis for the court’s jurisdiction under this Code;
(3) A plain and concise statement of facts upon which the claim is made that the elder and/or vulnerable adult is in need of protection, including date(s), time(s), and location(s) at which the alleged facts occurred;
(4) The names, residences, and Tribal affiliation (if any), of the person(s) alleged to have neglected and/or abused the elder and/or vulnerable adult.
(b) Notice of Petition Filing – Hearing. Any person who has an interest in the welfare of the elder and/or vulnerable adult, including but not necessarily limited to the immediate family and/or known caretakers, shall be provided notice of the filing of the petition and the date of hearing pursuant to the Tribe’s notice requirements as set out in the Rules of Court.
(c) Hearings. The Court shall conduct a hearing on the petition to determine whether the facts support a finding that the elder and/or vulnerable adult is in need of protection. All material and relevant evidence that is reliable and trustworthy may be admitted and relied upon by the Court to the extent of its probative value, including hearsay contained in a written investigative report; provided, that the preparer of the report is present and available to provide testimony. The parties, including the elder and/or vulnerable adult, shall be afforded an opportunity to examine and controvert written reports, and cross-examine individuals whose testimony is presented. The Court may rely on conference telephone or other electronic devices that permit all those appearing or participating to hear and speak to each other.
(d) Judgments. The Court shall make a decision at the conclusion of the hearing and make orders including ordering a specific party to draft the temporary or permanent orders for the Court’s review and signature. If the allegations of the petition are not sustained, the Court shall dismiss the matter. If the allegations of the petition are sustained, the Court shall find that the elder and/or vulnerable adult is in need of protection, and may enter further orders for evaluation, assessment, or other orders to protect the elder and/or vulnerable adult. The Court may also enter orders of mandatory review to check on the status of the protected individual. [Ord. 24 § 11, adopted, 2/10/2011.]