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URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A6afd870334fd11f6

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Oneida Nation
Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 07-08-26-B
Elder Protection Law
WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the purpose of the Elder Protection Law (the Law) is to uphold the Nation’s responsibility
to honor and protect its Elders. This law establishes a comprehensive framework to
prevent, identify, report, investigate, and respond to elder abuse, neglect, self-neglect, and
financial exploitation and affirms the Nation’s cultural responsibility to honor, respect, and
preserve elder wellbeing; and

WHEREAS,

the Law establishes a comprehensive framework to prevent, identify, report, investigate,
and respond to elder abuse, neglect, self-neglect, and financial exploitation; and

WHEREAS,

the Law establishes an Interdisciplinary Team composed of multiple Nation departments
to coordinate case review, guide investigations, recommend actions, promote
cooperation, and identify resources; and

WHEREAS,

the Law provides investigation procedures requirements including that they must begin
promptly and include required steps such as:
 Visiting the elder’s residence;
 Observing the elder;
 Conducting interviews;
 Reviewing healthcare and financial records;
 Interviewing guardians/caregivers;
 Requesting law-enforcement assistance;
 Offering or arranging needed services; and

WHEREAS,

the Law establishes a duty to report suspected elder abuse, neglect, and exploitation. The
law requires any person with knowledge or reasonable suspicion of abuse,
neglect, self-neglect, or exploitation of an elder to report immediately to Aging & Disability
Services or the Oneida Police Department; and

BC Resolution # 07-08-26-B
Elder Protection Law
Page 2 of 2

WHEREAS,

the Law creates a broad class of mandated reporters, including family, caretakers, elected
officials, employees, healthcare workers, mental health professionals, social workers, law
enforcement, judicial staff, and fiduciaries.
 Good-faith reporters receive immunity.
 Non-mandated reporters may remain anonymous; and

WHEREAS,

the Law establishes civil penalties:
 A mandated reporter who fails to report may be fined up to $2,000.
 Anyone who knowingly files a false report may be fined up to $2,000.
 Anyone who interferes with an investigation or retaliates against a reporter may
be fined up to $2,000 per occurrence; and

WHEREAS,

the Law protects confidentiality and records. Departmental report forms and investigative
records are confidential and may only be disclosed under limited circumstances, such as
to the elder, suspect, service providers, law enforcement, auditors, and through court
order; and

WHEREAS,

the Legislative Operating Committee developed the proposed through collaboration with
representatives from Aging and Disability, Comprehensive Health, Oneida Law Office,
Oneida Police Department, Oneida Commission on Aging, CEO; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact
statement were completed for the proposed Elder Protection Law; and

WHEREAS,

the Legislative Operating Committee held a public meeting on the proposed Elder
Protection Law on April 16, 2025. Four (4) individuals provided public comments during
this public meeting. The public comment period was then held open until April 23, 2026.
Three (3) individuals provided written comments during the public comment period; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments
to the Elder Protection Law, which shall become effective on August 03, 2026.
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida
Business Committee is composed of 9 members of whom 5 members constitute a quorum; 6 members
were present at a meeting duly called, noticed and held on the 8th day of July, 2026; that the forgoing
resolution was duly adopted at such meeting by a vote of 5 members for, 0 members against, and 0
members not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________
Lisa Liggins, Secretary
Oneida Business Committee
*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A6afd870334fd11f6. Public record. Not legal advice.