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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
May 20, 2026
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. May 6, 2026 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Elder Protection Law (pg. 5)
2. Uniform Commercial Code (pg. 58)
3. Eviction and Termination Law Amendments (pg. 134)
IV.
New Submissions
V.
Additions
VI.
Administrative Updates
VII.
Executive Session
VIII. Recess/Adjourn
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Oneida Nation
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Oneida Business Committee
Legislative Operating Committee
GOOODO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
May 6, 2026
9:00 a.m.
Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen
Unexcused: Marlon Skenandore
Others Present: Clorissa Leeman, Grace Elliott, Carolyn Salutz, Diane Wilson
Others Present on Microsoft Teams: Sarah Miller, Rae Skenandore, Ashley Blaker, Rhiannon
Metoxen, Kristal Hill, Fawn Cottrell, Melissa Alvarado, Sarah White, Fawn Billie, Eric Boulanger,
Ronald Van Schyndel, Shannon Stone, Amber Vankirk, Tina Jorgensen, Jeremy King
I.
Call to Order and Approval of the Agenda
Jameson Wilson called the May 6, 2026, Legislative Operating Committee meeting to order at 9:02 a.m.
Motion by Jennifer Webster to adopt the agenda with one addition – item V.1 Emergency
Amendments to the Real Property Law Rule No. 3 - Easements; seconded by Jonas Hill.
Motion carried unanimously.
II.
Minutes to be Approved
1. April 15, 2026 LOC Meeting Minutes
Motion by Kirby Metoxen to approve the April 15, 2026, LOC meeting minutes and forward to the Oneida Business Committee; seconded by Jennifer Webster. Motion carried
unanimously.
III.
Current Business
1. Boards, Committees, and Commissions Law Amendments.
Motion by Jennifer Webster to approve the public meeting packet and schedule a public
meeting for the proposed amendments to the Boards, Committees, and Commissions law
to be held on June 11, 2026; seconded by Jonas Hill. Motion carried unanimously.
2. Ten Day Notice Policy Amendments.
Motion by Jonas Hill to approve the draft, legislative analysis, and public meeting packet,
and schedule a public meeting for the proposed amendments to the Ten Day Notice Policy
to be held on June 11, 2026; seconded by Jennifer Webster. Motion carried unanimously.
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3. Elder Protection Law.
(XJQOQO
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Legislative Operating Committee Meeting Minutes of May 6, 2026
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Motion by Jennifer Webster to accept the public comments and the public comment review
memorandum and defer to a work meeting for further consideration; seconded by Jonas
Hill. Motion carried unanimously.
4. Eviction and Termination Law Amendments.
Motion by Jennifer Webster to accept the public comments and the public comment review
memorandum and defer to a work meeting for further consideration; seconded by Jonas
Hill. Motion carried unanimously.
IV.
New Submissions
1. Minors Trust General Welfare Assistance Law.
Motion by Jonas Hill to add the Minor’s Trust General Welfare Assistance Law to the
Active Files List with the all LOC members as the sponsor; seconded by Jennifer Webster.
Motion carried unanimously.
V.
Additions
1. Emergency Amendments to the Real Property Law Rule No. 3 – Easements.
Motion by Kirby Metoxen to accept that there is a valid basis for the emergency amendments to the Real Property Law Rule No. 3 – Easements and forward the emergency rule
to the Oneida Business Committee; seconded by Jennifer Webster. Jonas Hill abstained.
Motion carried.
VI.
Administrative Updates
1. E-Poll Results: Approval of the Updated Sanctions and Penalties Law Adoption
Packet.
Motion by Jonas Hill to enter into the record the results of the April 16, 2026, e-poll entitled, Approval of the Updated Sanctions and Penalties Law Adoption Packet; seconded by
Kirby Metoxen. Motion carried unanimously.
2. E-Poll Results: Approval of the LOC and LRO FY 2026 Semi-Annual Reports for
GTC.
Motion by Jonas Hill to Enter into the record the results of the April 30, 2026, e-poll entitled, Approval of the LOC and LRO FY 2026 Semi-Annual Reports for GTC; seconded by
Kirby Metoxen. Motion carried unanimously.
3. LOC FY26 Second Quarter Report.
Motion by Jonas Hill to approve the LOC Fiscal Year 2026 Second Quarter Report and
forward to the Oneida Business Committee; seconded by Kirby Metoxen. Motion carried
unanimously.
4. LOC Summer Community Meeting Notice.
Motion by Jonas Hill to approve the LOC Community Meeting Notice and schedule a
community meeting to be held on June 10, 2026; seconded by Kirby Metoxen. Motion
carried unanimously.
VII.
Executive Session
Legislative Operating Committee Meeting Minutes of May 6, 2026
Page 2 of 3
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VIII. Adjourn
Motion by Kirby Metoxen to adjourn at 10:15 a.m.; seconded by Jonas Hill. Motion carried
unanimously.
Legislative Operating Committee Meeting Minutes of May 6, 2026
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
Legislative Operating Committee
May 20, 2026
Elder Protection Law
Submission Date: 1/4/23
LOC Sponsor: Jennifer Webster
Public Meeting: N/A
Emergency Enacted: N/A
Summary: This item was carried over from last term and originally added to the Active Files
List on January 4, 2023 at the request of the Governmental Services Division Director for the
purpose of developing a law which would protect elders of the Oneida community from abuse,
neglect, and exploitation.
10/4/23 LOC: Motion by Jennifer Webster to add the Elder Protection Law to the Active Files List
with Jennifer Webster and Marlon Skenandore as the sponsors; seconded by Jonas
Hill. Motion carried unanimously.
11/1/23 LOC: Motion by Jonas Hill to approve the Legislative Operating Committee community
meeting notice and schedule the community meeting to take place on December 6,
2023; seconded by Jennifer Webster. Motion carried unanimously.
11/27/23:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore,
Jonas Hill, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill, Maureen
Perkins. The purpose of this work meeting was to review the PowerPoint presentation
for the December 6th community meeting.
12/6/23:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore,
Jonas Hill, Kirby Metoxen, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal
Hill, Maureen Perkins. The purpose of this work meeting was to run through and
practice the presentation for the community meeting.
Community Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster,
Jonas Hill, Marlon Skenadore, Clorissa N. Leeman, Grace Elliott, Carolyn Salutz,
Fawn Cottrell, Fawn Billie, Kristal Hill, Maureen Perkins, Lori Webster, Leon
Webster, Larry Barton, Nancy Barton, Daniel Leyo, John E. Powless III, Carol Silva,
Jeanette Ninham, Raeann Skenadore, Gina Powless Buenrostro, Jackie Smith, Rocky
Hill, Carole Liggins, Kaylee Schuyler, Trina Schuyler, Quincy Granquist, Dan
Webster, Marie Cornelius, Barbara Salutz, Carol Elm, Majorie Stevens, Misty
Herzog, Josh, Gerzetich, Ann McCotter, Mitchel Metoxen, Katsi Danforth, Nova
Danforth, Bill Gollnick, Bonnie Pigman, Nadine Escamea, Alyssa Perkins, Emma
King, Dr. Rosa King, Margaret King, Garth Webster, Daniel Doyen, Mark W.
Powless, Kanani Nunies, Ululan Ninies, Beverly DeCoteau, Lexi Sickles, Laura
Manthe, Tina Jorgensen, Stephanie Miscavitch VanEvery, Mark A. Powless Sr., and
others. The Legislative Operating Committee held a community meeting regarding
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the Elder Protection law, the Oneida Language law, and the Higher Education
Scholarship Law.
12/20/23:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore,
Jonas Hill, Kirby Metoxen, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal
Hill, Maureen Perkins. The purpose of this work meeting was to discuss and debrief
the December 6th community meeting – such as what went well, what could be
improved, and the comments and input received.
10/4/24:
Work Meeting. Present: Kelly Mc Andrews, Grace Elliott. The purpose of this
meeting was to provide an opportunity for the OLO to share any concerns or
preferences they might have regarding the elder protection law with the LRO.
10/7/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby
Metoxen, Tina Jorgensen, Sandra Skenandore, Neoma Orsburn, Maureen Perkins,
Mark Powless, Kelly Mc Andrews, Fawn Billie, Eric Boulanger, Claudia Skenandore,
Carol Liggins, Carrie Lindsey, Jodi Tess, Kristal Hill, Fawn Cottrell, Grace Elliott,
Amber Martinez. The purpose of this meeting was to begin discussions on the
development of Elder/Vulnerable Adult Protection Law for the Nation. Topics
included; identifying what issues the Nation is facing, the intended purpose of the law
and how this law can address the issues.
10/18/24 :
Work Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Clorissa
Leeman, Carolyn Salutz, Kristal Hill, Fawn Billie, Fawn Cottrell, Maureen Perkins,
Grace Elliott. The purpose of this meeting was to discuss the intended scope of the
Elder Protection law.
11/26/24:
Community Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby
Metoxen, Grace Elliott, Jodi Tess, Eli Metoxen, and eight Oneida elders. The purpose
of this meeting was for the LOC to gather feedback from Oneida elders about what
topics they would like an elder protection law to address.
12/3/24:
Work Meeting. Present: Clorissa Leeman, Tina Jorgenson, Jodi Tess, Kelly
McAndrews, Carrie Lindsey, Eric Boulanger, Eli Metoxen, Fawn Billie, Marlon
Skenandore. The purpose of this meeting was to review reporting sections from
various tribal elder protection laws and discuss which provisions might be appropriate
for Oneida.
1/9/25:
Work Meeting. Present: Clorissa Leeman, Tina Jorgenson, Jodi Tess, Kelly
McAndrews, Carrie Lindsey, Mark Powless, Fawn Billie, Marlon Skenandore. The
purpose of this meeting was to review options for how citations might be addressed
within an elder protection law.
1/17/25:
Work Meeting. Present: Andrea Gage, Grace Elliott. The purpose of this meeting was
to collaborate with the new attorney who has previous legal experience practicing
elder protection law.
2/3/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Jonas
Hill, Clorissa Leeman, Kristal Hill, Maureen Perkins,
Grace Elliott, Carolyn Salutz,
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Fawn Billie. The purpose of this work meeting was to select the topics for the March
5th LOC community meeting. The LOC decided the topics to be discussed should
include Elder Protection law, Indian Preference in Contracting law amendments, and
Hunting, Fishing, and Trapping law amendments.
2/5/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby
Metoxen, Marlon Skenandore, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The
purpose of this meeting was to review laws of the Nation as they apply to elder
protection.
2/18/25:
Work Meeting. Present: Tina Jorgensen, Jodi Tess, Shelly Hill, Adriana Chacon,
Carrie Lindsey, Mark Powless, Fawn Billie, Clorissa Leeman, Grace Elliott. The
purpose of this meeting was to review laws of the Nation as they apply to elder
protection.
2/19/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Marlon
Skenandore, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this
meeting is to consider the infrastructure that may support an elder protection law.
3/5/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Metoxen, Clorissa Leeman, Grace Elliott, Carolyn Salutz, Fawn Cottrell, Fawn Billie. The
purpose of this work meeting was to review the PowerPoint presentation for the
March 19th LOC community meeting.
3/19/25:
Community Meeting. Present: The Legislative Operating Committee held a
community meeting in the NHC’s cafeteria from 5:30 p.m. through 7:30 p.m.
regarding the development of an Elder Protection law.
3/27/25:
Work Meeting. Present: Mary Loeffler, Richard Baird, Carrie Lindsey, Layatalati
Hill, Jodi Tess, Andrea Gage, Joyce Johnson, Diane Polzak, Claudia Skenandore,
Barbra Cornelius, Grace Elliott. The purpose of this meeting was to review
information related to investigations conducted based on reports of potential elder
abuse.
4/18/25:
Work Meeting. Present: Kelly McAndrews, Andrea Gage, Grace Elliott. The purpose
of this meeting was to discuss the processes outlined in Oneida Elder Service’s
MOUs with the counties for handling elder abuse investigations.
4/24/25:
Work meeting. Present: Kelly McAndrews, Andrea Gage, Jodi Tess, Grace Elliott.
The purpose of this meeting was to discuss how Oneida is currently handling
investigations into elder abuse and what it might be ideal to include in an Elder
Protection law.
6/6/25:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Marlon
Skenandore, Kristal Hill, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The
purpose of this meeting is to provide an update to the LOC on the status of the Elder
Protection law.
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6/12/25:
Work Meeting. Present: Eric Boulanger, Ronald King, Jodi Tess, Carrie Lindsey,
Andrea Gage, Tina Jorgenson, Kelly McAndrews, Fawn Billie, Grace Elliott. The
purpose of this meeting was to review the investigation section of the Elder
Protection law and discuss how Oneida Aging and Disability might be empowered to
fulfil a more active role. Potential solutions brought forward by the team included
hiring additional staff.
7/29/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby
Metoxen, Marlon Skenandore, Tina Jorgensen, Mark Powless, Eric Boulanger,
Andrea Gage, Carrie Lindsey, Jodi Tess, Grace Elliott. The purpose of this meeting
was to discuss multidisciplinary teams and confidentiality.
10/8/25:
Work Meeting. Present: Tina Jorgenson, Jodi Tess, Breanna Phillips, Grace Elliott.
The purpose of this meeting was to discuss the roles stakeholders would like to see
Oneida Aging and Disability and county partners to play in the elder protection
process.
11/5/25:
Work Meeting. Present: Tina Jorgenson, Carrie Lindsey, Jodi Tess, Breanna Phillips,
Grace Elliott, Mark Powless. The purpose of this meeting was to review the draft of
elder protection law.
11/21/25:
Work Meeting. Present: Grace Elliott, Kelly McAndrews. The purpose of this meeting
was to review any questions, concerns, or suggestions from the law office regarding
the draft elder protection law.
12/1/25:
Work Meeting. Present: Jameson Wilson, Tina Jorgenson, Carrie Lindsey, Jodi Tess,
Breanna Phillips, Grace Elliott, Mark Powless. The purpose of this meeting was to
review the draft of elder protection law.
12/16/25:
Work Meeting. Present: Grace Elliott, Amber Martinez, ONCOA. The purpose of this
meeting was for the drafting attorney to provide an update on the development of the
Elder Protection Law to ONCOA and listen to any feedback they had. ONCOA
expressed strong support for the draft law.
1/26/26:
Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Mark
Powless, Carrie Lindsey, Eric Boulanger, Tina Jorgenson, Jodi Tess, Breanna
Phillips, Kristal Hill, Fawn Cottrell. The purpose of this meeting was to complete a
final readthrough of the draft elder protection law and review next steps which
include reviewing scenarios for process next Monday, sharing the draft with
ONCOA, and presenting the draft to the LOC for initial approval at the next
scheduled LOC meeting.
2/2/26:
Work Meeting. Present: Tina Jorgenson, Jodi Tess, Mark Powless, Ronald King, Joel
Maxam, Grace Elliott. The purpose of this meeting was to review hypothetical elder
protection scenarios against the draft Elder Protection law.
2/4/26 LOC: Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman, Carolyn
Salutz, Grace Elliott. Motion by Jennifer Webster to approve the draft of the Elder
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Protection law with noted change, and direct that a legislative analysis be completed;
seconded by Kirby Metoxen. Motion carried unanimously.
3/4/26 LOC: Motion by Jonas Hill to approve the legislative analysis and the public meeting
packet for the Elder Protection Law and forward to a public meeting to be held on
April 16, 2026; seconded by Kirby Metoxen. Motion carried unanimously.
4/16/26:
Public Meeting Held. Present: Jennifer Webster, Jonas Hill, Carolyn Salutz, Grace
Elliott, Nancy Barton, Judy Sprangers, Tina Jorgensen, Jodi Tess, Melinda Danforth,
Barbra Cornelius, Cathy Metoxen, Mary Loeffler, via Teams Clorissa Leeman, Rae
Skenandore, Lisa Duff, Margaret Kruse, Efren Rivera, Melissa Alvarado, Bonnie
Pigman, Shad Webster, Michelle Tipple, Diane Wilson, Eric Boulanger, Nacy
Barton, Joel Maxam, Alyssa Hudak, Carrie Lindsey, Sarah Miller, Mark Powless,
Debra Santiago. Four (4) individuals provided oral comments.
4/23/26:
Public Comment Period Closes. Three (3) individuals provided written comments.
5/6/2026 LOC:Motion by Jennifer Webster to accept the public comments and the public comment
review memorandum and defer to a work meeting for further consideration; seconded
by Jonas Hill. Motion carried unanimously.
5/6/2026:
Work Session. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Jennifer
Webster, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this work
session was for the LOC to consider public comments on the Elder Protection law.
Next Steps:
▪ Accept the public comment review memorandum with LOC consideration for the proposed
Elder Protection law.
▪ Approve the updated legislative analysis and final draft of the Elder Protection law.
▪ Direct the Finance Department to provide the LOC with a fiscal impact statement of the
proposed Elder Protection law by June 5, 2026.
A good mind. A good heart. A strong fire.
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Oneida Nation
Legislative Operating Committee
Legislative Reference Office
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
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ONEIDA
Legislative Operating Committee (LOC)
Grace Elliott, Legislative Reference Office, Staff Attorney
May 20, 2026
Elder Protection Law: Public Comment Review
On April 16, 2026, a public meeting was held regarding the proposed Elder Protection law. Four
(4) individuals provided comments during the public meeting. The public comment period was
then held open until April 23, 2026. Three (3) individuals submitted comments during the
comment period. This memorandum is submitted as a review of the comments received during the
public comment period. The public meeting draft, public meeting transcript, and written comments
received are attached to this memorandum for review.
Comment 1 – Clarifying the Purpose of the Elder Protection Law:
706.1. Purpose and Policy
706.1-1. Purpose. The purpose of this law is to uphold the Nation’s responsibility to honor
and protect its elders. This law establishes a process to safeguard elders from harm,
including abuse, neglect, self-neglect, and exploitation. This process includes:
(a) reporting concerns of abuse, neglect, self-neglect, and exploitation of elders;
(b) investigating reports to ensure the safety and well-being of elders; and
(c) providing services and support for elders who require protection from abuse,
neglect, self-neglect, and exploitation.
706.1-2. Policy. It is the policy of the Nation to honor, respect, and protect its elders. The
Nation recognizes that elders possess unique and irreplaceable stores of knowledge, skill, and
experience that enhance and enrich the lives of the entire Nation. The interests of the Nation,
now and in the future, are advanced when its elders are confident that they are protected
from abuse, neglect, self-neglect, and exploitation. In honoring these principles, the Nation
embraces Yukwats$stay< the fire, the animating spirit within each of us as a reminder that
protecting our elders is an expression of who we are as a People and a reflection of The Good
Mind we strive to uphold as expressed by On<yote>a=ka, which includes:
(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.
(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.
(c) Ka>nikuhli=y%. The openness of the good spirit and mind.
(d) Ka>tshatst^sla. The strength of belief and vision as a People.
(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.
(f) Twahwahts$lay<. All of us are family.
(g) Yukwats$stay<. Our fire, our spirit within each one of us.
Joyce Johnson (written): I do have a significanty personal comment: I do not understand how or
when the Oneida Nation decided to write it's own Elder Abuse Laws. I guess at this time it is what it
is though. The tribe had a very mutually respectful relationship with Bown County, Outagmie County
and the State of Wisconsin at the time of my retirement in 2015. Our Oneida Nation was granted
Lead Agency status around 1993. That meant we held equal status to other of our state's counties in
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Wisconsin. We received reports from other counties when elder abuse was reported to them regarding
elders resideing within reservation boundaries. We had Memorandum's of Understanding's (MOU's)
with both counties; Oneida Police Department (OPD); as well as Oneida Domestic Violence (ODV).
Our program and Tribe were way ahead of the other Tribes within the State of Wisconsin. It took
many years to reach an amazingly well working miutually respectful system with our cohorts that
seriously proclaimed and upheld any fotm of elder abuse as a categorical and prosecutable crime.
In around 2004 the Great Lkes Native Akmerican Elder Abuse program began to gather Elder Abuse
Codes or Resolutions to support each other in proclaiming elder abuse as something we would not
tolerate in our ative communities. At each bi-monthly meeting we discussed confidential elder abuse
issues & advised each other on how to report or how to assist individuals much like is being proposed
with this new law. We had Elder Abuse Attorney's come to present at these meetings also. I took our
Tribal Resolution to the Great Lakes Inter-Tribal (GLITC) meeting in about 2005 for their support &
signatures. It was then signed by Gerald Danforth, Oneida Tribal Chairman and the other (11)
Wisconsin Tribal Chairmen. Tent was merely to support each oher as we were and have an official
acknowldgement of that elder abuse stance from our (GLITC) Board.
Nancy Barton (oral): Okay, I'll address the Elder Protection law and my own personal comment
about this is how unfortunate that in this day and age and historically that we have to have a law
to protect our elders. And we had this conversation on this floor about the way that we treat each
other and the way that our elders are treated at GTC. You know, people will push an elbow and
stampede our elders. And that goes to, you know, what happened to us, what happened to the way
that we're being taught to treat our elders and how unfortunate.
Kathy Metoxen (oral): Okay, I thought there was going to be a lot of other people before me. It's
good to see more people than just two of us up here today. Or one, you know, it's always good to
see other people, don't you agree? And I'm going to take my time because this is confusing. And
it's...it’s
um…
You know, when I come up here a lot of times, my issues that I raise are usually across the board.
You know, it's not about the people. It's about, it's supposed to be about all of us.
But I want to know, and I just got this document, so my question, my questions were going to start
out with, when's your deadline? You know, because my understanding is we had a public hearing
and I came to it and there was only one person here and I felt like it was illegal. And then you were
moving on. And now there's another public hearing, which I was surprised to actually see again.
It's good to see that you are changing. I see change in this room today. And it's, you know, you're
trying to be more professional and be act more courteous and stuff like that. But, I want to know,
like with the chain of command, because, you know, in other laws, I have questioned, what about
you guys? You know, I don't, I was going to come up here today and say, can I see your ID so I
know who you are? Because I have to show my ID at the door. So I don't know who I'm talking
to. Anybody in this room could be a pedophile, and I wouldn't know it. And I'd I’d like to see some
ID, you know, of who you are. And we have to do that every day when we come up here, is show
our IDs. And I, I disagree with that, anyway.
I want to know what's in this law that protects us from the leadership, from the chain of command,
from the people who abuse and micromanage and all of this stuff, because that's abuse too. And
I'm an elder now, and I get abused at the front desk of a lot of entities.
You know, and we all know about that story. We know there's, I'm not the only one, there's other
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people. You know, I've been up here talking about the term, you know, snotty, you know, snotty
attitudes and stuff like that. How do we deal with people across the board?
And is this a fair law, and are these things gonna be covered?
You know, because what what you don't want us to get away with, it's okay for you guys to get
away with. And that's where I come from when I say across the board. It's good that you guys are,
you know, changing, and it's good to see that. And we've accomplished a lot over the years, and
we've come a long ways, and we deserve a lot, but we're also lacking, and there's a lot of lack.
And I agree with the lady that was sitting here with so many laws, which is actually true. I believe
Madeline Genso said that in the GTC meeting, you know, a law on top of a law on top of a law. In
these terminations of leases and stuff, and I'm trying to get a place to live. And I'm hearing people
are being kicked out, you know, on a whim. And I don't know what's true and what's not. Maybe
they are pedophiles. Maybe they are drug addicts and alcohol functioning alcoholics. They're
everywhere. They they do the job at the top and at the bottom. But how do we protect? The true
abuse that you're talking about in these laws, because...I don't. I don't see it. I see, I see division. I
see, um let's, you know.
We're not savages. You know, the Europeans came here and they called us savages, and we're not
supposed to be that to our own people. You know, so your expectations may be a little bit high.
And when I come in and I ask these questions, you know, if you don't like what I'm saying, you
know, too bad. That's the way my mind works. And it's not just my mind. There's others, and and...
Response
The commenters bring forward substantial professional experience, historical knowledge, and
deeply held concern for the well-being and dignity of Oneida elders. Their comments reflect both
pride in the Nation’s long-standing leadership in elder protection and frustration that, despite
cultural values and past successes, formal legal mechanisms are still necessary to safeguard elders
in modern institutional and community settings.
One commenter questions how and why the Oneida Nation determined to adopt a formal Elder
Protection Law, emphasizing the strong, collaborative systems previously in place, including Lead
Agency status, robust memoranda of understanding with Brown County, Outagamie County, law
enforcement, and domestic violence programs, and regional and intertribal coordination through
the Great Lakes Native American Elder Abuse Program and the Great Lakes Inter-Tribal Council.
These efforts established elder abuse as a serious, prosecutable matter and positioned Oneida as a
leader among Wisconsin tribes. This history is acknowledged and respected. The proposed law
does not replace or diminish those achievements; rather, it seeks to formally codify and preserve
their core principles, institutional knowledge, and collaborative practices within Oneida law. By
doing so, the Nation strengthens its sovereign authority over elder protection and ensures
continuity as personnel, funding structures, and external relationships change over time.
Another commenter speaks to the cultural and moral dimensions of elder protection, expressing
concern that the very existence of such a law reflects broader challenges in how elders are treated
within contemporary systems and public spaces. These comments underscore that elder protection
is not only a legal obligation, but also a reflection of community values, respect, and responsibility.
The law is intended to reinforce these values by establishing clear expectations, accountability,
and processes that support respectful treatment and intervention when harm occurs.
A good mind. A good heart. A strong fire.
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A third commenter questions whether the law protects elders “across the board,” including from
mistreatment by leadership, staff, or institutions, and raises concerns about fairness, transparency,
chain of command, and unequal power dynamics. Section 706.1 makes clear that the purpose of
the law is to honor and protect elders from abuse, neglect, self-neglect, and exploitation through a
comprehensive framework that includes reporting, investigation, intervention, and services. In
addition, the law’s mandated reporting requirements, investigation provisions, and creation of an
Interdisciplinary Team are designed to ensure that concerns involving individuals, employees, or
institutions are addressed through coordinated and accountable processes, not ignored or handled
informally.
While the commenters appropriately identify the importance of intergovernmental relationships,
MOUs, cultural practices, staff conduct, community education, and respectful implementation,
these matters are operational rather than statutory in nature. The proposed law deliberately
establishes a durable legal framework while leaving room for departments, leadership, and the
Interdisciplinary Team to develop and maintain partnerships, protocols, training, and culturally
grounded practices through policy and administration. This approach ensures flexibility while
maintaining clear legal authority and protections for elders.
No changes to the proposed law are recommended in response to these comments. The law reflects
a continuation and formalization of the Nation’s historic commitment to elder protection, provides
tools to address contemporary challenges, and supports accountability and respect consistent with
Oneida values and sovereignty.
LOC Consideration
The Legislative Operating Committee appreciates the community members’ historical knowledge,
professional experience, and thoughtful perspectives regarding elder protection. The LOC agrees
with the legal analysis that the proposed law appropriately formalizes and preserves the Nation’s
longstanding commitment to protecting elders, and makes no changes to the proposed law.
Comment 2 – Adult Protective Services Structure, Funding Eligibility, and Multidisciplinary
Coordination:
706.4. Interdisciplinary Team
706.4-1. Composition. The Interdisciplinary Team consists of representatives from Aging and
Disability Services, Oneida Police Department, Comprehensive Health Division, Oneida
Behavioral Health, Oneida Law Office, Oneida Community Resource and Economic
Support, Comprehensive Housing Department, Oneida Family Services, and any additional
agencies designated by the Team as necessary to fulfill its duties.
Florence Petri (written): Wisconsin Tribes are eligible for Adult Protective Services APS funds
and resource April 20, 2026
Elder Abuse Components
- Prompt intake and investigation and reporting
- Multidisciplinary Team of professionals
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-
Assessment and Case Management
Intervention and service planning
Case Closing and follow up
Confidentiality
Staff training and development
Data reporting and tracking
Remain status of Lead State agency for Elder Abuse (DHS)
Needs updating: Oneida is listed in the Tribal section under Wis Adult Protection Agency
- MOUs with Brown County and Outagamie County APS
- MOUs with Law Enforcement
Mous are important in case of absent Oneida
APS
Multidisciplinary Team
- Law Enforcement
- Legal Services
- Mental Health Providers
- Medical Providers
- Brown County and Outagamie County APS
- Banks (Address Financial Exploitation) recommend Bay Bank, they have been on
previously
- Churches (support vulnerable adults)
- Aging Program Benefit Specialist
- Legal Guardianship
Team Member Agreements ( To ensure Confidentiality)
Florence Petri
Response
The commenter raises important and complementary points regarding the structure, fairness,
accountability, and implementation of elder protection systems within the Oneida Nation. Taken
together, the comments emphasize the need for both strong institutional coordination and clear
protections for elders who experience mistreatment by individuals or entities in positions of
authority.
The commenter recommends aligning the Elder Protection Law with recognized Wisconsin Adult
Protective Services (APS) frameworks by incorporating core APS components, including prompt
intake and investigation, multidisciplinary collaboration, assessment and case management,
intervention and service planning, confidentiality protections, staff training, data tracking, and
follow-up. The commenter further notes that Wisconsin tribes may be eligible for APS funding
and resources, identifies the need to update state listings to reflect Oneida’s status, and
recommends formal memoranda of understanding (MOUs) with county APS agencies and law
enforcement to address cross-jurisdictional matters and continuity of services. The commenter also
outlines potential multidisciplinary team membership, including legal, medical, mental health,
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financial institutions, aging program specialists, and faith-based organizations, and emphasizes the
importance of confidentiality agreements among team members.
The Elder Protection Law substantially addresses these concerns through its overall structure and,
in particular, through the establishment of an Interdisciplinary Team. The law incorporates many
of the core APS elements identified by the commenter, including mandatory reporting,
investigation procedures, confidentiality standards, coordinated response mechanisms, and
follow-up. The Interdisciplinary Team is specifically designed to promote shared responsibility
among Nation departments and professionals, facilitate coordinated investigations and service
planning, and strengthen accountability when abuse, neglect, or exploitation is suspected.
Importantly, the law authorizes appropriate referrals and reporting when institutions, employees,
or individuals in positions of responsibility fail to comply, directly responding to concerns about
leadership, chain of command, and institutional accountability.
While the commenter correctly identifies the importance of funding eligibility, MOUs, specific
team composition, staff identification practices, and cross-jurisdictional coordination, these
matters are operational and administrative in nature. The law intentionally establishes a clear legal
framework for elder protection while allowing departments, the Interdisciplinary Team, and
Nation leadership the flexibility to develop detailed protocols, partnerships, agreements, and
funding strategies through policy, intergovernmental agreements, and implementation planning.
This approach allows the system to adapt over time without requiring frequent statutory
amendments.
Accordingly, no changes to the proposed Elder Protection Law are recommended in response to
these comments. The concerns raised are either already addressed within the existing statutory
framework or are more appropriately resolved through implementation, training, interagency
coordination, and administrative practice rather than through additional statutory provisions.
LOC Consideration
The LOC sincerely appreciates the detailed recommendations regarding APS frameworks, funding
eligibility, and multidisciplinary coordination. The LOC agrees that these important considerations
are largely operational and administrative in nature and are appropriately addressed through
implementation rather than statutory amendment; therefore, no changes to the law are required.
Comment 3: Health Equity and Service-Based Approaches to Elder Protection
706.1. Purpose and Policy
706.1-1. Purpose. The purpose of this law is to uphold the Nation’s responsibility to honor
and protect its elders. This law establishes a process to safeguard elders from harm,
including abuse, neglect, self-neglect, and exploitation. This process includes:
(a) reporting concerns of abuse, neglect, self-neglect, and exploitation of elders;
(b) investigating reports to ensure the safety and well-being of elders; and
(c) providing services and support for elders who require protection from abuse,
neglect, self-neglect, and exploitation.
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706.1-2. Policy. It is the policy of the Nation to honor, respect, and protect its elders. The
Nation recognizes that elders possess unique and irreplaceable stores of knowledge, skill, and
experience that enhance and enrich the lives of the entire Nation. The interests of the Nation,
now and in the future, are advanced when its elders are confident that they are protected
from abuse, neglect, self-neglect, and exploitation. In honoring these principles, the Nation
embraces Yukwats$stay< the fire, the animating spirit within each of us as a reminder that
protecting our elders is an expression of who we are as a People and a reflection of The Good
Mind we strive to uphold as expressed by On<yote>a=ka, which includes:
(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.
(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.
(c) Ka>nikuhli=y%. The openness of the good spirit and mind.
(d) Ka>tshatst^sla. The strength of belief and vision as a People.
(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.
(f) Twahwahts$lay<. All of us are family.
(g) Yukwats$stay<. Our fire, our spirit within each one of us.
Carrie Lindsey (written):
To:
Legislative Operating Committee (LOC)
From:
Carrie Lindsey, BSW, CSW, LTC Case Management Programs Manager, Community
Health Services
Thru:
Debra Danforth RN, BSN, Oneida Comprehensive Health Division Director
Date:
April 16, 2026
RE:
Written public recommendation for the Oneida Elder Protection Law
Community Health Services supports the intent of the Oneida Nation Elder Protection Law and
affirms the Nation’s commitment to honoring, protecting, and sustaining our elders. Within Oneida
governance and cultural teachings, elders hold essential roles as respected knowledge keepers,
caregivers, and community anchors. Effective elder protection policy should reflect this status as well
as provide the protection that elders deserve, protection that recognizes not only physical safety, but
also health equity, cultural continuity, and access to holistic, culturally appropriate care.
In review of the proposed Oneida Elder Protection Law and participation in the public comment
meeting held on April 16, 2026, the Oneida Community Health Services Department of the Oneida
Comprehensive Health Division respectfully submits the following public health recommendations.
The Oneida Nation has long recognized elders as carriers of our history, language, teachings, and
responsibilities. Within the clan system and under the Great Law of Peace, elders are more than
recipients of care—they are advisors, teachers, and living links between generations.
1. Elder protection must extend beyond reacting to abuse. True protection requires health
equity—ensuring that all elders can access care, support, and connection in ways that honor
dignity, autonomy, and Oneida ways of knowing.
2. Elder protection grounded in health equity. “Health Equity” means the attainment of the
highest level of health and well-being for all Oneida Elders through the elimination of
preventable, unfair, and unjust disparities, and through policies and practices that recognize
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cultural strengths, historical context, and differing needs. Many Oneida elders carry the impact of
historical trauma, displacement, boarding school experiences, and long-standing health inequities.
These experiences affect physical health, mental wellness, and trust in systems of care. An Elder
Protection Law grounded in health equity acknowledges these realities and ensures responses are
trauma-informed, culturally respectful, and community-centered. Policies that do not account for
these realities, risk being incomplete.
Consistent with the Great Law of Peace, which emphasizes balance, good mind, and collective
responsibility, elder protection should address the conditions that place elders at risk—such as
lack of transportation to medical care, limited access to behavioral health services, caregiver
strain, digital/technological barriers, and social isolation. When access gaps go unaddressed, even
well-intentioned systems can unintentionally contribute to neglect.
Community Health Services encourage the Nation to explicitly recognize these access barriers as
elder protection issues and to strengthen coordination among health services, elder nutrition,
housing, case management, and legal supports. Elders experience better outcomes and benefit
most when services work together rather than in silos.
3. Elder protection must uphold self-determination. Elders living with chronic illness, disability,
or memory loss should be supported through approaches that balance safety with autonomy,
drawing on family, clan, and community roles when appropriate rather than defaulting to punitive
or overly restrictive measures.
In keeping with our responsibility to future generations, effective elder protection includes
prevention measures such as—caregiver education, respite supports, wellness checks, and
opportunities for elders to remain socially and culturally connected. These supports honor elders
not only as individuals in need of protection, but as essential contributors to the Nation’s strength.
4. Include elder voices in ongoing review and implementation of the law. Community Health
Services encourages the Oneida Nation to include elder voices in ongoing review and
implementation of the Elder Protection Law. This will strengthen health equity and policy
effectiveness. Health equity is strongest when those most affected help guide decisions. The law
should include opportunities for elder input, advisory roles, or periodic review informed by elder
voices
Protecting Oneida elders means ensuring they can age with dignity, safety, cultural connection, and
equitable access to health and social supports. Community Health Services encourages the Nation to
incorporate explicit integration of health equity principles into the Elder Protection Law to strengthen
its impact for current and future generations and align policy implementation with Oneida Nation
mission, vision, values and responsibilities to our elders.
CC:
Debra Danforth, Oneida Comprehensive Health Division Director
Mark Powless, CEO Nation Services
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Response
Commenter asserts that while Community Health Services supports the intent of the proposed
Elder Protection Law, effective elder protection should extend beyond a legal response to abuse
and be grounded in health equity, cultural context, and prevention. The commenter recommends
that the law explicitly recognize access barriers (such as transportation, behavioral health
availability, caregiver strain, digital barriers, and social isolation) as elder protection issues;
strengthen coordination among service providers; prioritize prevention and supportive services;
uphold elder self-determination by favoring autonomy and family or community-based supports
over restrictive measures; and incorporate ongoing elder input in implementation and review
through advisory roles or structured engagement mechanisms.
The purpose of the proposed Elder Protection Law is not to comprehensively define or expand
health or social service delivery, but rather to establish a legal framework for the prevention,
reporting, investigation, and response to elder abuse, neglect, self-neglect, and exploitation. The
law is designed to clarify authority, responsibilities, due process protections, and interdepartmental
coordination in circumstances where elder safety may be at risk.
To that end, a central feature of the proposed law is the creation of an Interdisciplinary Team,
which represents a significant evolution in how the Nation addresses elder protection. This team
is intended to bring together relevant departments and expertise to coordinate responses, share
information consistent with confidentiality requirements, and recommend appropriate actions
within their respective authorities. Through this structure, the law enables collaboration without
duplicating or redefining existing service mandates.
Many of the recommendations raised—such as caregiver support, transportation access, wellness
promotion, service coordination, and culturally responsive care—are important programmatic
considerations that are appropriately addressed through departmental policy, funding decisions,
intergovernmental coordination, and service delivery frameworks rather than through statutory
elder protection enforcement provisions. The Elder Protection Law is not intended to replace or
subsume those systems.
With respect to autonomy and self-determination, the proposed law already incorporates
protections through due process requirements, consent standards, confidentiality provisions, and
limits on emergency interventions, ensuring that protective actions are taken only when legally
justified and necessary.
The Oneida elder community has been extensively involved in the development of the proposed
Elder Protection Law. Throughout the drafting process, the LOC engaged in sustained outreach
and consultation with elders, including meeting multiple times with the Oneida Nation
Commission on Aging (ONCOA), having the legislative attorney attend ONCOA meetings, and
conducting in-person outreach at the Oneida Elder Services Congregate Meal site to meet elders
in their own space and hear directly from them regarding elder protection needs and concerns. In
addition, the LOC held community meetings to gather broader public input, including evening
sessions with light meals provided to support participation. This comprehensive engagement
informed the structure and substance of the law and reflects the LOC’s commitment to developing
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elder protection legislation that is responsive to elder voices while establishing a clear, effective
legal framework for protection and coordinated response.
The proposed Elder Protection Law appropriately balances elder safety, legal accountability, and
respect for individual rights, while providing a strong foundation for coordinated action among
Nation departments. Incorporating broad service delivery standards into enforcement statutes may
unintentionally limit flexibility and create obligations best addressed through policy and
programmatic channels. No changes are recommended to the draft in response to this comment.
LOC Consideration
The LOC thanks Community Health Services for its thoughtful emphasis on health equity,
prevention, and culturally grounded elder support. While these perspectives are valued and
consistent with Oneida principles, the LOC agrees that the proposed law is appropriately focused
on establishing a legal protective framework, with service delivery best addressed through policy
and practice rather than statute.
Comment 4 – Mandated Reporters:
706.5. Reporting
706.5-1. Duty to Report. Any person who knows or has reasonable cause to suspect that an
elder is being or has been abused, neglected, self-neglected, or exploited shall immediately
report the information to the Oneida Police Department or Oneida Aging and Disability
Services, unless prohibited by a legally recognized privilege. Individuals bound by a
privileged relationship may only make an anonymous disclosure if there is an urgent need
for hospitalization, guardianship, protective services, or protective placement.
706.5-2. Mandated Reporters. The following individuals have a mandated duty to report
suspected abuse, neglect, self-neglect, and exploitation of elders:
(a) The elder’s family members or caretakers;
(b) Any elected official of the Nation;
(c) Any employee of the Nation, including but not limited to:
(1) physicians, surgeons, dentists, podiatrists, chiropractors, nurses, dental
hygienists, optometrists, medical examiners, emergency medical technicians,
paramedics, or other health care providers;
(2) psychiatrists, psychologists, or psychological assistants;
(3) licensed or unlicensed social workers, professional counselors, or marriage
and family therapists;
(4) persons employed in the mental or behavioral health profession;
(5) persons employed as physical or occupational therapists, or their
assistants;
(6) law enforcement officers;
(7) judges, attorneys, court counselors, clerks of court, and other judicial
system officials or staff;
(d) Any person or agency with fiduciary responsibilities to an elder, such as
accountants, property managers, financial advisors, or financial institutions.
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706.5-3. Anonymous Reports. Except for mandated reporters identified in section 706.5-2,
any person reporting elder abuse, neglect, self-neglect, or exploitation may remain
anonymous.
706.5-4. Immunity from Liability. Any person who in good faith, reports suspected abuse,
neglect,
self-neglect, or exploitation of an elder shall be immune from any legal action arising from
that report.
Nancy Barton (oral): The other part that I wanted included was mandated reporters. We have
people who are delivering meals, delivering medicine, doing jobs at elders’ homes that have access
to elders where other people don't. And so I'm glad to see that the mandated reporter part has been
included in here.
Response
The commenter expresses support for the inclusion of mandated reporters in the Elder Protection
law and highlights the importance of this provision for individuals who have access to elders in
their homes. Specifically, the commenter notes that individuals who deliver meals, medications,
or provide in-home services may have regular contact with elders in private settings where
potential abuse, neglect, or exploitation might otherwise go unnoticed.
The law’s mandated reporter provisions are intended to address this concern by ensuring that
individuals who, through their employment or duties, have access to elders and reasonably suspect
abuse, neglect, or exploitation are required to report those concerns to the appropriate authorities.
This requirement strengthens early detection, enhances elder safety, and helps ensure
accountability when elders may be particularly vulnerable due to isolation or limited contact with
others.
No change is recommended based on this comment, as the current law already reflects the concerns
raised and aligns with the commenter’s expressed support for mandated reporting requirements.
LOC Consideration
The LOC appreciates the commenter’s support for inclusive mandated reporter provisions and
recognition of the importance of individuals who regularly interact with elders. The LOC agrees that
the law already reflects this concern and recommends no changes.
Comment 5 – Empathy and Tone:
706.1. Purpose and Policy
706.1-1. Purpose. The purpose of this law is to uphold the Nation’s responsibility to honor
and protect its elders. This law establishes a process to safeguard elders from harm,
including abuse, neglect, self-neglect, and exploitation. This process includes:
(a) reporting concerns of abuse, neglect, self-neglect, and exploitation of elders;
(b) investigating reports to ensure the safety and well-being of elders; and
(c) providing services and support for elders who require protection from abuse,
neglect, self-neglect, and exploitation.
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706.1-2. Policy. It is the policy of the Nation to honor, respect, and protect its elders. The
Nation recognizes that elders possess unique and irreplaceable stores of knowledge, skill, and
experience that enhance and enrich the lives of the entire Nation. The interests of the Nation,
now and in the future, are advanced when its elders are confident that they are protected
from abuse, neglect, self-neglect, and exploitation. In honoring these principles, the Nation
embraces Yukwats$stay< the fire, the animating spirit within each of us as a reminder that
protecting our elders is an expression of who we are as a People and a reflection of The Good
Mind we strive to uphold as expressed by On<yote>a=ka, which includes:
(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.
(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.
(c) Ka>nikuhli=y%. The openness of the good spirit and mind.
(d) Ka>tshatst^sla. The strength of belief and vision as a People.
(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.
(f) Twahwahts$lay<. All of us are family.
(g) Yukwats$stay<. Our fire, our spirit within each one of us.
Barb Cornelieus (oral): OK. With elders, we should get 10 minutes. I'm just saying, okay, I don't
have nothing specific on one of the, in any of the laws, but in general, I think our laws have to be
written more compassionately, with more empathy, and we need to quit following how the state
and the federal government produces their laws, because their laws are produced with conflict, a
natural conflict to them.
There's you against me, me against you. And in our law, and as far as I know, traditionally, that
wasn't how we wrote the laws. We didn't write laws to pit me against you or you against me. It
should be more empathy. We have to have more empathy.
And then under abuse, the Elder abuse law, I just, I think we just need to have softer language. We
need to have more empathy and we need to give. There's such a thing as the spirit of the law and
the letter of the law. And what the tribe has done, or the Nation has done, is gone so heavily on the
letter of the law. This is what the law says, this is what we have to do, this is what we have to
enforce. The spirit of the law says, hey, that there's extenuating circumstances, there's things that
should be changed. And if you had time, you know, if they apologize and they do the things they
need to do, then then do the spirit of the law. And so I think, I don't know how we get our attorneys
to be trained in that type of law development, but I think that's what we need to do as a Nation.
We need to start um...developing our laws a little more friendly, a little more with empathy and
with compassion.
So because you are doing it to our own people. So you can't say, no, they say we're all family, we
all treat one another, we all do all this stuff. But the laws don't allow you to do that because it's so
strict. So, um, governmental or law? I guess that's the only word I could say. It's too much law,
and I think we need to, we need to...to soften those laws and all the laws. And my personal belief
is we have too many laws.
You know, we only have 17,000 people who are overseen and have to, I mean, we don't oversee
those many because we only have jurisdiction on within the reservation boundaries and stuff. So
we might have 3,000. Then there's 3000, half of those are kids and everything. So we have about
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1500 people we only have jurisdiction over and we have tons and tons of laws, you know, and so
I, that's my general statement is that we need to start softening the language and our laws and we
need to use the spirit of the law when we're trying to enforce it. And there is nothing wrong with
being soft and being kind to your own people. That's it.
Response
The commenter offers thoughtful reflections on the importance of empathy, compassion, and
cultural values in the development and enforcement of the Nation’s laws, particularly those
affecting elders. These concerns speak not only to legal structure, but to community relationships,
responsibility to one another, and the traditional Oneida understanding that law should promote
balance rather than conflict. These perspectives are deeply respected and are directly relevant to
the Elder Protection Law.
From a legal drafting standpoint, the purpose of the Elder Protection Law is to establish clear,
reliable, and enforceable protections for elders who may be vulnerable to abuse, neglect, or
exploitation. Statutory language must be sufficiently precise to ensure consistent application, due
process, and accountability when harm occurs. Without this clarity, protections can become
uneven or discretionary in ways that may unintentionally place elders at risk. For that reason,
statutes often rely on defined standards and structured language. Precision in drafting is not
intended to create rigidity for its own sake, but to ensure safety, fairness, and enforceability.
At the same time, the commenter’s emphasis on empathy, compassion, and relational
responsibility is reflected in the structure and intent of the Elder Protection Law. At the direction
of the Legislative Operating Committee, the law expressly incorporates the Good Mind principles
within its purpose and policy provisions. The inclusion of the Good Mind represents an intentional
effort to ground the law in Oneida values and worldview, distinguishing it from purely adversarial
or external legal models. These principles are intended to guide interpretation, inform discretionary
decisions, and clarify that elder protection is rooted in respect, balance, and care for one another,
not solely regulation or punishment.
The commenter also raises the distinction between the “letter of the law” and the “spirit of the
law,” including acknowledgment of extenuating circumstances, accountability through apology,
and opportunities for healing when appropriate. From a legal perspective, statutes typically define
authority, minimum protections, and baseline standards. The exercise of flexibility, restorative
approaches, and culturally grounded responses is often implemented through prosecutorial
discretion, judicial practices, restorative justice processes, diversion options, and administrative
policy, rather than detailed statutory language. This approach allows laws to remain clear and
enforceable while still permitting humane, contextual, and culturally appropriate application in
individual cases.
Concerns about the number of laws and reliance on external legal frameworks are also noted.
While references to established legal structures are sometimes necessary to ensure enforceability
and jurisdictional clarity, the ongoing incorporation of Oneida teachings—such as the Good
Mind—reflects a deliberate effort to shape tribal law in a way that is consistent with Oneida values.
Periodic review and reflection on how laws function in practice are a vital part of good governance,
and public comment plays a critical role in that process.
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The Elder Protection Law is not intended to criminalize family relationships or create unnecessary
conflict, but to provide a tool for preventing serious harm, intervening when elders are at risk, and
ensuring accountability when abuse occurs. Compassion, kindness, and respect are not diminished
by having a clear legal framework; rather, the law seeks to support elders while allowing space for
culturally informed and humane decision-making where appropriate and safe.
These comments have been documented and included in the legislative record for the consideration
of the Legislative Operating Committee and other appropriate policy-making bodies. While the
values expressed are strongly acknowledged and respected, no changes to the proposed law are
recommended based on this comment.
LOC Consideration
The LOC deeply respects the comments calling for compassion, empathy, and adherence to Oneida
values in lawmaking. The Committee agrees that these principles are meaningfully reflected in the
law’s purpose and policy language, and that statutory clarity must coexist with humane
implementation; therefore, no revisions are directed.
Comment 6 – Elder Abuse Definitions:
706.3. Definitions
706.3-1. This section shall govern the definitions of words and phrases used within this law.
All words not defined herein shall be used in their ordinary and everyday sense.
(a) “Abuse” means any of the following:
(1) Physical abuse.
(2) Emotional abuse.
(3) Sexual abuse.
(4) Treatment without consent.
(5) Unreasonable confinement or restraint.
(i) “Emotional abuse” means language or behavior that serves no legitimate purpose
and is intended to be intimidating, humiliating, threatening, frightening, or otherwise
harassing, and that does or reasonably could intimidate, humiliate, threaten, frighten,
or otherwise harass the individual to whom the conduct or language is directed.
(s) “Unreasonable confinement or restraint” includes the intentional and
unreasonable confinement of an individual in a locked room, involuntary separation
of an individual from his or her living area, use on an individual of physical
restraining devices, or the provision of unnecessary or excessive medication to an
individual, but does not include the use of these methods or devices in entities
regulated by the department if the methods or devices are employed in conformance
with state and federal standards governing confinement and restraint.
Joyce Johnson (written): Elder Protection Law As an elder Oneida Tribal member and previous
EAs the Elder Abuse Prevention Coordinator/Services Supervisor from 2004-2015 I would uld like
to add one more item to the elder abuse classifications list. e more item or ...
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that would be Unreasonable Confinement or Restraint; as prosecutable in Wisconsin's Elder Abuse
(Statute 46.90). It is defined as: The intentional and unnecessary confinement of an individual in a
locked room, involuntary separation from his or her living area, use of physical restraints on an
individual,
or
the
provision
of
unnecessary
or
excessive
medication.
This does not include the use of these methods or devices if they conform with state and federal
standards governing confinenment and restraint.
Response
The commenter raises closely related concerns regarding how elder abuse is defined, categorized,
and applied within the Elder Protection Law, with particular emphasis on non-physical
mistreatment, abuse of authority, and specific forms of control such as confinement or restraint.
The comments reflect a desire for clarity, completeness, and assurance that the law meaningfully
addresses the lived experiences of elders and the realities encountered by practitioners.
The commenter, drawing on extensive professional experience in elder abuse prevention and
familiarity with Wisconsin Statute § 46.90, recommends explicitly including “unreasonable
confinement or restraint” as a distinct category of elder abuse. The comment appropriately
underscores the seriousness of coercive or restrictive practices—such as unnecessary confinement,
physical restraint, involuntary isolation, or the provision of excessive or unnecessary medication—
and the importance of recognizing these practices as abusive when not clinically or legally
justified.
To clarify, unreasonable confinement or restraint is already expressly included in the draft Elder
Protection Law. The definition closely parallels Wisconsin’s statutory framework and recognized
best practices by prohibiting intentional and unnecessary confinement, restraint, or excessive
medication, while expressly excluding interventions that comply with applicable state and federal
standards governing professional care. This approach ensures comprehensive coverage of both
physical and non-physical forms of abuse while preserving appropriate clinical discretion and
regulatory compliance.
Taken as a whole, the Elder Protection Law intentionally incorporates recognized categories of
elder abuse while allowing flexibility in implementation through professional judgment,
investigation protocols, and coordinated response mechanisms. The structure is designed to reflect
both established elder protection standards and real-world conditions faced by elders and service
providers within the Nation.
Accordingly, the concerns raised by the commenters are already addressed within the existing
definitions and framework of the draft Elder Protection Law. No changes to the proposed law are
recommended in response to these comments.
LOC Consideration
The LOC appreciates the request for clarity and completeness in defining elder abuse,
particularly regarding unreasonable confinement or restraint. The LOC agrees with the legal
determination that these concerns are already adequately addressed in the draft, and no changes
are necessary.
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Comment 7 – Enforcement and Role of the Elder Protection Law in Relation to the Public
Peace Law:
706.5-4. Immunity from Liability. Any person who in good faith, reports suspected abuse,
neglect,
self-neglect, or exploitation of an elder shall be immune from any legal action arising from
that report.
706.5-5. Civil Penalty for Failure to Report.
(a) Any person required by this law to report suspected elder abuse, neglect, selfneglect, or exploitation who fails to do so is subject to a civil penalty not to exceed two
thousand
dollars
($2,000).
(b) The Court shall impose the penalty only after petition, notice, an opportunity for
hearing, and a determination that the person had a mandated duty to report and
failed
to
comply.
(c) A person who fails to report may also be subject to civil liability for damages
suffered by the elder as a result of the failure to report, notwithstanding any
determination by the Court regarding violation of this law.
706.5-6. Civil Penalty for Bad Faith Reports.
(a) Any person who knowingly makes a false report of suspected abuse, neglect, selfneglect, or exploitation is subject to a civil penalty not to exceed two thousand dollars
($2,000).
(b) The Court shall impose the penalty only after petition, notice, an opportunity for
hearing, and a determination that the person knowingly made a false report.
(c) A person making a false report may also be subject to civil liability for damages
suffered by the person(s) named in the false report.
706.8. Jurisdiction
706.8-1. The Oneida Trial Court has jurisdiction over any action brought under this
law. Personal jurisdiction over an individual under this law may be established where
the parties are members of the Nation, or employees of the Nation.
Joyce Johnson (written): The Sate of Wisconsin enhances penalties such as assault when the crime
involves an elder 60+ years old. And they also may add to that sentance maximum sentences
depending on the severity of the abuse. Please do not treat our Oneida members as any less important;
to do so would be a great injustice. I do not understand why anyone thinks this new law will benefit
our Tribe oir why some think change is necessary. I did my Social Work internships through
Outagamike County. And after graduation a few years later I accepted employment with the Oneida
Nation from 2004-2015. It was an honor & pleasure to work with my elders.
I do hold the highest hopes that this new Oneida Elder Abuse Law is absolutely in the best interest of
our vulnerable elderly community. Our elders need to be confident that abuse committed against
them will be addressed by more than a slap on the hands. I don't feel confident that fines will deter
many from abusing the elderly. And for someone who would steal Say $20,00 from an elder they
can just justify the risk by subracting a $2,000 fine and still have an a $18,000 proifit}. Make that
make sense.
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Nancy Barton (oral): Um, and once again, I'm going to address the issue of the enforcement.
Um...included in here because of, you know, my involvement was the financial part of it that I was
concerned about.
I'm concerned about the enforcement and the reporting. I'm glad that there are fines. I'm concerned
about if somebody does report that it's considered um I'm not sure what word I want to say. You
know, if I report you and then nothing comes out of it, then the person who reported can potentially
get a fine. I was concerned about that part of it.
Response
The commenters raise significant and closely related concerns regarding enforcement, penalties,
deterrence, and whether the proposed Elder Protection Law provides elders with protections and
accountability measures comparable to those available under Wisconsin law. They also question
whether adoption of this law is necessary, given past practices and existing enforcement authority,
and express concern that civil fines alone may be insufficient to deter elder abuse, particularly
financial exploitation.
One commenter notes that Wisconsin law enhances penalties for crimes committed against elders
age 60 and older and allows for increased sentences based on the severity of the abuse. The
commenter urges that Oneida elders not be treated as any less important and expresses concern
that modest fines could make exploitation economically worthwhile. This concern is both
understood and shared. The intent of the Elder Protection Law is not to diminish protections for
elders, nor to replace meaningful accountability with lesser consequences. Rather, the law is
designed to complement—not weaken—the Nation’s existing enforcement framework.
Another commenter raises concerns about enforcement and reporting, including whether
individuals who report suspected abuse may face penalties if allegations are unsubstantiated.
This concern is addressed through the law’s reporting provisions, which impose penalties only for
knowing failure to report or bad-faith conduct, while expressly providing immunity for good-faith
reporters. These provisions are intended to encourage reporting, reduce fear of retaliation, and
ensure concerns are brought forward without penalizing those acting responsibly.
It is important to clarify the distinct but complementary roles of the Elder Protection Law and the
Nation’s Public Peace Law. The Elder Protection Law is primarily procedural and protective in
nature. Its purpose is to establish a clear and culturally grounded framework for identifying,
reporting, and investigating suspected elder abuse, neglect, self-neglect, or exploitation;
safeguarding confidentiality; coordinating interdisciplinary responses; and connecting elders with
appropriate services using the least restrictive means possible. The law codifies best practices that
have long been applied informally, ensuring consistency, transparency, and continuity across
agencies and administrations.
By contrast, the Public Peace Law governs substantive offenses and enforcement. It defines
violations such as assault, theft, fraud, financial exploitation, and abuse of elders and adults at risk,
and it authorizes law enforcement investigation, judicial proceedings, and trial court adjudication.
Penalties available under the Public Peace Law include fines, restitution, community service,
counseling, and other court-ordered remedies. Importantly, elder abuse, including unreasonable
confinement or restraint and financial exploitation—remains fully enforceable under the Public
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Peace Law. The Elder Protection Law does not replace, limit, downgrade, or reduce those
enforcement authorities.
In practice, when an Elder Protection investigation identifies conduct that may constitute a civil
infraction or other enforceable offense, the matter is referred to law enforcement and proceeds
under the Public Peace Law. In this way, the Elder Protection Law governs how concerns are
responsibly identified, investigated, and coordinated, while the Public Peace Law governs
accountability, sanctions, and deterrence. The two laws operate in parallel, not in conflict.
With respect to concerns about deterrence, particularly the fear that fines alone may be insufficient,
the Elder Protection Law itself does not prescribe penalties for elder abuse. Enforcement,
sanctions, and restitution are determined under the Public Peace Law and by the Trial Court.
Available remedies include restitution designed to make the elder whole, ensuring that financial
exploitation does not remain profitable, as well as additional penalties the Court deems appropriate
based on the severity of the conduct. These tools are intended to ensure meaningful accountability
rather than nominal consequences.
Accordingly, the proposed Elder Protection Law does not diminish the importance of elder abuse
as a serious and punishable offense, nor does it reduce the authority available to address it. Instead,
it strengthens the overall system by ensuring that suspected abuse is promptly identified, properly
investigated, and referred for enforcement when warranted, while also providing protective and
supportive interventions for elders.
No revisions to the proposed law are recommended in response to these comments.
LOC Consideration
The LOC takes seriously the concerns regarding enforcement strength, deterrence, and protection
parity for Oneida elders. The LOC agrees that the Elder Protection Law appropriately
complements the Public Peace Law without limiting enforcement authority, and no changes are
required.
Comment 8– Confidentiality, Reporter Protection, and Trust-Based Investigations:
706.4-2. Confidentiality. All members of the Interdisciplinary Team shall maintain strict
confidentiality regarding all matters that come before the team. No member may disclose
any information except as expressly authorized under this law.
(a) Purpose-Based Disclosure. Members may use or disclose confidential
information only as necessary to perform duties under this law, including
prevention, identification, investigation, or mitigation of elder abuse, neglect,
exploitation, or self-neglect.
(b) HIPAA Exception for Harm Prevention. When a member is subject to HIPAA,
the member may share protected health information with the Team under the
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exception permitting disclosure to prevent or lessen a serious and imminent threat
to the health or safety, provided that:
(1) the disclosure is made in good faith to prevent or address abuse, neglect, or
exploitation; and
(2) the disclosure is limited to persons reasonably able to prevent or mitigate
the threatened harm, including members of the Interdisciplinary Team acting
within their authority under this law.
(c) Minimum-Necessary Standard. Any disclosure shall be limited to the minimum
information necessary for the Team to perform its duties.
(d) Selective Participation. Only members whose roles are relevant to a specific case
shall access confidential information for that case.
(e) Redisclosure Prohibited. Information received through the Team may not be
further disclosed except as required to perform professional duties related to the
case or as otherwise authorized by law.
(f) Conflict of Interest. Members with a personal conflict, familial relationship, or
other circumstance that may compromise confidentiality, or objectivity shall
recuse themselves from case discussions.
706.6-7. Confidentiality. Departmental report forms are confidential and may not be released
except:
(a) To the elder, any person named as a suspect, and the suspect’s attorney, excluding
the identity of the reporter or any person whose safety may be endangered.
(b) To agencies or entities providing assistance, subject to confidentiality
requirements;
(c) To individuals or organizations designated for audits or program evaluation,
provided
identifying
information
is
not
disclosed;
(d)
Pursuant
to
a
lawful
court
order;
(e) To agencies or individuals providing direct services, including attending
physicians, for purposes of diagnosis, treatment, or coordination of care;
(f) To the guardian of the elder adult at risk or the guardian of any person named in
a report who is suspected of abuse, neglect, or financial exploitation. These
individuals may inspect the report, except that identifying information about the
reporter or any person whose safety may be endangered by disclosure shall not be
released;
(g) To law enforcement officials as necessary to carry out their duties, in accordance
with applicable internal policies and this law;
To the Oneida Interdisciplinary Team, a federal agency, state or local governmental
unit, or an agency of another state that requires the report to fulfill its responsibility
to protect elder adults at risk from abuse, neglect, exploitation, or self-neglect;
(i) To the individual who made the report in a professional capacity, for the limited
purpose of informing them of actions taken to protect or provide services to the
alleged victim.
Joyce Johnson (written): I have some great concerns regarding confidentiality of both the potential
victim as well as the reporter. The reporter has a right to remain confidential as otherwise their safety
could be endangered. Furthermore an elder abuse potential or substantiated victim has a right to
remain and have their name remain anonymous also. Visits and initial investigations to an potential
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victim are held in the strictest of confidence. The Social Worker visits the elder initially if it is any
category of elder abuse except an emergent one *Due to the untrusting nature of many of our tribal
elderly a number of them would not allow entrance from an investigator other than one of their own
people. That could put them at higher abuse risk. The benefit of Lead Agency Status helped to
alleViate hat challenge.
Nancy Barton (oral): The other part that I want to talk about, and this is a little bit of a personal
thing, I've had some dental work done. And when I was leaving, there is a notice of privacy
practices that is posted on every dental and doctor reception area. And there was a part on here, I
had to wait a while for some records and some other things. So I read it. And on here it says abuse
and neglect. And this is a notice of privacy practices and it says we may disclose your health
information to appropriate authorities if we reasonably believe that you are a possible victim of
abuse, neglect, or violence and a possible victim of other crimes. And we may disclose your health
information to the extent necessary to avert a serious threat to your health or safety, or the safety
of others. So I thought I would bring this and give this to these guys back here. They're the legal
people and they know what that means because anytime that you ever receive any kind of dental
or medical treatment, you sign a form that says, you know, HIPAA forms, release of information
forms, but this includes who can report and who can't. So I'll give that to Grace back here. And,
you know, hopefully with a law in the books that we have a way, I guess, to hold people
accountable that are abusing our elders. And once again, I'll say how unfortunate that historically,
that's where we are today, but at least we have it and it's in writing and somebody can be held
accountable. Thank you.
Response
The commenters emphasize the critical importance of confidentiality for both elders who may be
victims of abuse and for individuals who report suspected abuse. They correctly note that fear of
retaliation, safety risks, and lack of trust—particularly among elders with historical or cultural
reasons to be wary of outside intervention—can significantly undermine reporting and access to
protection. One commenter also highlights the importance of culturally trusted investigators and
historically effective Lead Agency practices in maintaining elder engagement and safety.
Confidentiality is a foundational component of the proposed Elder Protection Law. The law
includes strict confidentiality requirements governing reports, investigations, and records; limits
disclosure to the minimum information necessary to carry out protective functions; and permits
anonymous reporting in most circumstances. The identity of reporters is protected when disclosure
could compromise safety, and retaliation against reporters or interference with investigations is
expressly prohibited. These provisions are designed to encourage reporting, reduce fear of reprisal,
and safeguard both elders and those who come forward with concerns.
The law also recognizes the sensitive nature of elder protection investigations and the need for
trusted, respectful engagement. Investigations are structured to use the least intrusive and least
restrictive means appropriate to the circumstances, with an emphasis on confidentiality, cultural
awareness, and elder autonomy. The Interdisciplinary Team framework supports coordination
among trusted Nation departments and professionals while imposing clear confidentiality
obligations on team members to ensure information is shared only as necessary and appropriate.
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Another commenter references health care privacy practices and HIPAA disclosures related to
abuse and neglect. The draft law is consistent with these established standards. It permits
disclosure of information to appropriate authorities when abuse, neglect, or exploitation is
reasonably suspected, and when necessary to protect an elder’s health or safety, while otherwise
maintaining strict confidentiality. These provisions strike a balance between privacy and
protection, aligning elder protection practices with medical, social service, and legal standards.
Overall, the confidentiality and reporter-protection concerns raised by the commenters are directly
addressed by the draft Elder Protection Law’s structure and safeguards. The law is intended to
preserve trust, protect safety, and ensure that elders can be reached and supported without
increasing their risk or the risk to those who seek to help them.
No revisions to the proposed law are recommended in response to these comments.
LOC Consideration
The LOC appreciates the emphasis placed on confidentiality, trust, and cultural sensitivity in elder
protection investigations. The Committee agrees that the draft law provides strong confidentiality
safeguards and reporter protections, and recommends no revisions.
Comment 9– Medical Examinations and Financial Responsibility:
706.6-3. Medical Examination. The elder-adult-at-risk agency may transport the elder adult
at risk for a medical examination by a physician if:
(a) The elder adult at risk or his or her guardian or agent under an activated power
of attorney for health care consent; or
(b) The elder is incapable of consenting and one of the following applies:
(1) The elder has no guardian or agent under an activated power of attorney
for health care;
(2) The guardian or an agent under an activated power of attorney for health
care, is suspected of abuse, neglect, or financial exploitation;
(3) The examination is authorized by court order.
Bonnie Pigman (oral): Yep, Bonnie Pigman, 5361. Couple of lines, line 272-706.6-3 medical
examinations, just wondering who's going to pay for that medical examination because most out,
not most, but not everyone has insurance. And so therefore, if they send them to a medical
professional that's not covered by, they don't have insurance to cover that cost, there's no language
in this document to say what, who's going to pay for it.
Response
The commenter requests clarification regarding Section 706.6(3), specifically asking who would
bear the cost of a medical examination when an elder does not have insurance or when the
examination is not covered by insurance. This concern reflects the importance of ensuring that
protective interventions do not create unintended financial barriers for elders.
Section 706.6-3 is intended solely to authorize a medical examination as a protective measure
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when necessary to evaluate an elder’s condition, assess risk of harm, or support an investigation
of suspected abuse, neglect, self-neglect, or exploitation. It is not intended to impose financial
responsibility on elders or to condition protection on an individual’s ability to pay.
In practice, the cost and logistics of any such medical examinations would be addressed through
existing internal systems, including Tribal Health Services, Indian Health Service, or other tribally
administered or coordinated healthcare resources. These arrangements are operational and
administrative in nature and are appropriately handled through interdepartmental coordination,
internal policy, and case-specific decision-making rather than through statutory language. This
approach preserves flexibility to ensure elders receive necessary evaluations without creating rigid
funding directives in law.
Because medical examination costs can be managed internally through Tribal health programs and
related resources, and because the statute’s purpose is to authorize protective action rather than
establish billing mechanisms, no changes to the law are recommended in response to this comment.
LOC Consideration
The LOC acknowledges the concern regarding potential costs associated with authorized medical
examinations. After consideration, the Committee agrees that these matters are appropriately
addressed through existing health systems and operational planning, and no statutory changes are
recommended.
Comment 10– “Least Restrictive Conditions” Standard for Services and Interventions:
706.6-5. Offer of Services and Referrals. Upon responding to a report, the elder-at-risk agency
shall determine whether the elder or any other individual involved requires services. The
agency shall provide or arrange for necessary services under the least restrictive conditions
appropriate to achieve the intended objectives.
Bonnie Pigman (oral): Next question has to do with looking at the line 287 and that is referring
them to necessary services under the least restrictive conditions. I think that needs to be clarified
what you consider to be least restrictive. I'm not looking for a long list, but given an example
maybe would be useful.
Response
The commenter requests clarification regarding Section 706.6(5), specifically the requirement that
services be offered under the “least restrictive conditions,” and suggests that providing examples
or further explanation within the law may be helpful for public understanding.
“Least restrictive conditions” is a long-standing and widely recognized standard in adult protective
services and elder protection practice. It is used consistently by social workers, investigators,
health professionals, and legal practitioners to guide decision-making that balances elder safety
with autonomy, dignity, and self-determination. The standard requires that any intervention be no
more intrusive than necessary to reduce risk and address harm, taking into account the elder’s
capacity, preferences, cultural considerations, and available supports. It does not prohibit
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intervention; rather, it prioritizes voluntary and supportive measures—such as in-home services,
case management, or community supports—before more restrictive actions, such as court
involvement, guardianship, or protective placement, when legally appropriate.
Because this principle is well understood within the professional community and intentionally
flexible, the draft law preserves the term without prescribing rigid examples or definitions. This
allows practitioners to apply the standard on a case-by-case basis and to explain it to elders,
families, and participants in a manner tailored to each individual’s circumstances and
understanding. Codifying specific examples in statute could unintentionally limit professional
judgment or exclude appropriate options in future cases.
Accordingly, while explanation and education regarding the “least restrictive” standard may be
beneficial during implementation and outreach, no changes to the proposed law are recommended
in response to this comment.
LOC Consideration
The LOC thanks the commenter for requesting clarity regarding the “least restrictive conditions”
standard. The Committee agrees that this well-established professional standard is intentionally
flexible and best explained through practice rather than statute, and no changes are recommended.
Comment 11– Jurisdiction, Sovereignty, and Public Law 280 (PL-280):
706.6-6. If, after responding to a report, the elder-adult-at-risk agency has reason to believe
that abuse, financial exploitation, neglect, or self-neglect has occurred, the agency may:
(a) Request immediate assistance to initiate protective services or contact an
investigative agency;
(b) Take emergency protective action, including emergency protective placement, if
in the elder’s best interests and the least restrictive intervention;
(c) Refer the case to law enforcement or the district attorney, if a crime is suspected.
Bonnie Pigman (oral): Lines 295 to referred case to law enforcement or district attorney, I'm
sorry, but I don't know that our judiciary has a district attorney. And if you're referring people out
to outside courts, why, what's the purpose of our judiciary if we're not going to handle the cases
within our own reservation? That is, this is our law so it should be handled by our judiciary.
Also looking at the same language is allowing if there are things that are happening outside of our
jurisdiction, for example, protective services from another state. I believe that everything should
have to go through our judiciary in order to be carried out through this law, because taking
something from another jurisdiction only confuses people when somebody comes knocking at their
door and they got a piece of paper saying, well, I have, you know, this, this case with this individual
for whatever, that sent a lot of confusion in that household to that person saying, well, what
jurisdiction do you have? Because this is the Oneida Nation reservation and is not the Illinois state
whatever.
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So I think that if we're going to say we're sovereign, that we need to start acting like it and we need
to start reflecting that things need to go through our judiciary in order to be handled and carried
out to our laws.
That's what I, my context from looking at this right now is if I want to put anything else, I will put
it in writing. Thank you.
Response
The commenter raises important questions regarding tribal sovereignty, judicial authority, and
potential confusion created by references to law enforcement, district attorneys, or external
jurisdictions in Section 706.6(6). Specifically, the commenter expresses concern that such
language could suggest that cases arising under the Elder Protection Law would bypass the Oneida
Nation Judiciary or be handled by outside courts, thereby undermining the Nation’s sovereign
authority.
The Elder Protection Law affirms and preserves the jurisdiction of the Oneida Trial Court over
matters brought under the law. As set forth in the jurisdictional provisions of the draft, actions
initiated pursuant to the Elder Protection Law proceed through the Nation’s judiciary, and nothing
in the law is intended to diminish or replace that authority. The law itself is an exercise of the
Nation’s inherent sovereignty to protect its elders and regulate conduct within its jurisdiction.
References to law enforcement or prosecuting authorities are included to reflect jurisdictional
realities applicable in Wisconsin, which is a Public Law 280 (PL 280) state. Under PL 280, the
State of Wisconsin generally exercises criminal jurisdiction in Indian country, while tribal courts
retain authority over civil and regulatory matters. As a result, when an elder abuse matter involves
conduct that may constitute a criminal offense—such as serious physical abuse, sexual abuse, or
certain forms of financial exploitation—referral to the appropriate law enforcement agency or
prosecuting authority is legally necessary. These references are intended to ensure lawful
coordination and effective protection, not to divert cases away from tribal processes or courts
where tribal jurisdiction applies.
The commenter also expresses concern about references to protective actions or proceedings
originating outside the Nation’s jurisdiction, such as from another state or county, and the potential
for confusion when individuals receive documents from external authorities. The intent of this
language is limited to coordination and continuity of care in situations where an elder’s
circumstances cross jurisdictional boundaries, not to authorize external entities to act
independently within the Nation’s jurisdiction. Any recognition, enforcement, or implementation
of protective actions under the Elder Protection Law remains subject to the authority of the Oneida
Nation and its judiciary.
The draft law seeks to balance sovereignty with practical necessity by affirming tribal authority
while acknowledging limited circumstances in which coordination with external jurisdictions is
required to protect elders and comply with applicable federal and state frameworks. These
provisions are designed to reduce gaps in protection, prevent jurisdictional conflicts from delaying
intervention, and ensure elders are not placed at risk due to overlapping legal systems.
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Accordingly, no changes to the proposed law are recommended in response to this comment. The
existing language reflects an intentional effort to uphold tribal sovereignty, preserve the role of the
Oneida Judiciary, and ensure that elder protection actions are carried out effectively and lawfully.
LOC Consideration
The LOC appreciates the thoughtful comments regarding sovereignty, jurisdiction, and the role
of the Oneida Judiciary. The Committee agrees that the draft law appropriately affirms tribal
authority while recognizing jurisdictional realities, and no changes are required.
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Analysis to Draft 1
2026 05 20
ELDER PROTECTION LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Legislation or
Amendments
Analysis by the Legislative Reference Office
▪ Provide definitions to form the foundation for consistent enforcement.
[7 O.C. 706.1-3].
▪ Establish a comprehensive framework to prevent, identify, report,
investigate, and respond to elder abuse, neglect, self-neglect, and
financial exploitation. [7 O.C. 706.1-1(a)–(c)].
▪ Establish an Interdisciplinary Team composed of multiple Nation
departments to coordinate case review, guide investigations, recommend
actions, promote cooperation, and identify resources. [7 O.C. 706.4-1;
706.4-5].
▪ Establish 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. [7 O.C. 706.5-2].
▪ Create 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. [7 O.C. 706.5-2(a)–(d)].
▪ Good-faith reporters receive immunity. [7 O.C. 706.5-4].
▪ Non-mandated reporters may remain anonymous. [7 O.C.
706.5-3].
▪ Establish civil penalties:
▪ A mandated reporter who fails to report may be fined up to
$2,000. [7 O.C. 706.5-5(a)].
▪ Anyone who knowingly files a false report may be fined up to
$2,000. [7 O.C. 706.5-6(a)].
▪ Anyone who interferes with an investigation or retaliates against
a reporter may be fined up to $2,000 per occurrence. [7 O.C.
706.6-9(c)].
▪ Provide 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;
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Analysis to Draft 1
2026 05 20
▪
Purpose
Affected Entities
Related Legislation
Enforcement
Offering or arranging needed services.
[7 O.C. 706.6-1; 706.6-2; 706.6-4; 706.6-5].
▪ Authorize medical examinations under specified consent conditions or
by court order. [7 O.C. 706.6-3].
▪ Authorize emergency protective actions, including protective placement,
may be taken when necessary. [7 O.C. 706.6-6].
▪ Protect 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. [7 O.C.
706.6-7(a)–(i)].
▪ Provide that records must be retained for five years. [7 O.C.
706.6-8(c)].
▪ Affirm elders’ rights to:
▪ Notice of an investigation unless emergency conditions exist. [7
O.C. 706.7-1(a)].
▪ Refuse services if they have capacity. [7 O.C. 706.7-1(b)].
▪ Protect their property rights, including the right to deny entry. [7
O.C. 706.7-1(c)–(d)].
▪ Representation by counsel at their own expense. [7 O.C.
706.7-1(e)].
▪ Provide for rights of the accused to refuse services for themselves, refuse
entry (subject to warrant), and obtain counsel at their own expense. [7
O.C. 706.7-2(a)–(c)].
▪ Grant the Oneida Trial Court jurisdiction over all actions under this law.
[7 O.C. 706.8-1]. Personal jurisdiction extends to members of the Nation
and Nation employees. [7 O.C. 706.8-1].
The purpose of the Elder Protection 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. [7 O.C. 706.1-1; 706.1-2].
Comprehensive Health Division, Aging and Disability, Oneida Police
Department, Oneida Judiciary, Oneida Law Office, Comprehensive
Housing, Family Services.
Judiciary law, Oneida Judiciary Rules of Civil Procedure, Public Peace law.
The Oneida Trial Court has jurisdiction over all actions under this law. [7
O.C. 706.8-1].
▪ A mandated reporter who fails to report may be fined up to $2,000. [7
O.C. 706.5-5(a)].
▪ Anyone who knowingly files a false report may be fined up to $2,000.
[7 O.C. 706.5-6(a)].
▪ Anyone who interferes with an investigation or retaliates against a
reporter may be fined up to $2,000 per occurrence. [7 O.C. 706.6-9(c)].
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Analysis to Draft 1
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Due Process
Public Meeting
Fiscal Impact
An accused person may refuse services for themselves, refuse entry (subject
to warrant), and obtain counsel at their own expense. [7 O.C. 706.7-2(a)–
(c)].
An elder has the right to:
▪ Notice of an investigation unless emergency conditions exist. [7 O.C.
706.7-1(a)].
▪ Refuse services if they have capacity. [7 O.C. 706.7-1(b)].
▪ Protect their property rights, including the right to deny entry. [7
O.C. 706.7-1(c)–(d)].
▪ Representation by counsel at their own expense. [7 O.C. 706.7-1(e)].
Penalties require petition, notice, hearing, and determination by the Court.
[7 O.C. 706.5-5(b)–(c); 706.5-6(b)–(c); 706.6-9(c)].
A public meeting was held on April 16, 2026, with the public comment
period held open until April 23, 2026. Four (4) individuals provided oral
comments during the public comment meeting, and three (3) individuals
provided written comments.
A fiscal impact statement prepared in accordance with the Legislative
Procedures Act has not yet been requested.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Elder Protection law is a new addition to the Oneida Nation Code of Laws.
B. Request for Amendments. The Elder Protection law was added to the AFL in January 2023
by request of the Governmental Services Division Director for the purpose of developing a
law which would protect elders of the Oneida community from abuse, neglect, and
exploitation.
SECTION 3. CONSULTATION AND OUTREACH
▪
•
Representatives from the following departments or entities participated in the development of
the amendments to this Law and legislative analysis:
▪ Oneida Law Office;
▪ Oneida Police Department;
▪ Oneida Judiciary;
▪ Comprehensive Health Division;
▪ Government Administration Office;
▪ Oneida Nation Commission on Aging (ONCOA);
▪ Aging and Disability; and
▪ General Manager.
The following laws of the Nation were reviewed in the drafting of this analysis:
▪ Public Peace law;
▪ Citations;
▪ Judiciary law; and
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Oneida Judiciary Rules of Civil Procedure.
SECTION 4. PROCESS
A. The amendments to this Law comply with the process set forth in the Legislative Procedures
Act.
▪ On October 4, 2023, the Legislative Operating Committee added this Law to its Active
Files List for amendments.
▪ On February 4, 2026 the LOC approved the draft of the Elder Protection law, with the
noted change, and directed that a legislative analysis be completed.
▪ On April 16, 2026 the LOC held a public comment meeting on the draft Elder
Protection law. The comment period was held open until April 23, 2026. Four (4)
individuals provided oral comments during the public comment meeting and three (3)
individuals provided written comments.
▪ On May 6, 2026 the LOC accepted the public comments and the public comment memo
and deferred them to a work session for consideration.
▪ On May 6, 2026 the LOC held a work session to consider the public comments and the
public comment memorandum for the draft Elder Protection law.
At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this law:
▪ November 27, 2023: LOC work session.
▪ December 6, 2023: LOC work session.
▪ December 6, 2023: Community Meeting.
▪ December 20, 2023: LOC work session.
▪ October 4, 2024: LRO work session with Oneida Law Office.
▪ October 7, 2024: LOC work session with ONCOA, CEO, Aging and Disability, and
GAO.
▪ October 18, 2024: LOC work session.
▪ November 26, 2024: LOC work session at elder meal site with Aging and Disability,
and community members.
▪ December 3, 2024: LOC work session with Aging and Disability, Oneida Police
Department, Comprehensive Health Division, and Oneida Law Office.
▪ January 9, 2025: LOC work session with Aging and Disability, CEO, Comprehensive
Health Division, and Oneida Law Office.
▪ January 17, 2025: LRO and Oneida Law Office work session.
▪ February 3, 2025: LOC work session.
▪ February 5, 2025: LOC work session.
▪ February 18, 2025: LRO, Comprehensive Health, Aging and Disability, CEO and
Family Services work session.
▪ February 19, 2025: LOC work session.
▪ March 5, 2025: LOC work session.
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March 19, 2025: Community meeting.
March 27, 2025: LOC work session with ONCOA and community members.
April 18, 2025: LRO and Oneida Law Office work session.
April 24, 2025: LRO and Oneida Law Office work session.
June 6, 2025:LOC work session.
June 12, 2025: LOC work session with Aging and Disability, CEO, Comprehensive
Health Division, Oneida Police Department, and Oneida Law Office.
July 29, 2025: LOC work session with Aging and Disability, CEO, Comprehensive
Health Division, Oneida Police Department, and Oneida Law Office.
October 8, 2025: LRO and Aging and Disability work session.
November 5, 2025: LRO, Aging and Disability, Comprehensive Health, and CEO
work session.
November 21, 2025: LRO and Oneida Law Office work session.
December 1, 2025: LOC work session with Aging and Disability, CEO, and
Comprehensive Health Division.
December 18, 2025:LRO, ONCOA and GAO work session.
January 26, 2026: LOC work session with Aging and Disability, CEO, Comprehensive
Health Division, and Oneida Police Department.
May 6, 2026: LOC work session.
SECTION 5. CONTENTS OF THE LEGISLATION
▪
▪
Definitions. The Law provides detailed definitions for abuse types (physical, emotional,
sexual), financial exploitation, neglect, self-neglect, caregiver, elder-adult-at-risk,
investigative agency, record, bodily harm, retaliation, and other key terms. [7 O.C. 706.3].
▪ Effect. Establishing a precise set of definitions ensures consistent interpretation
across agencies, strengthens enforceability, and minimizes legal ambiguity. Clear
terminology also enhances training, reporting accuracy, and coordinated responses
among investigative agencies and service providers.
Interdisciplinary Team (IDT). The Law creates an Interdisciplinary Team composed of
representatives from Aging & Disability Services, OPD, Health, Behavioral Health, Law
Office, Community Resource and Economic Support, Housing, Family Services, and
others as designated. [7 O.C. 706.4-1]. The Team is responsible for coordinating
investigations, reviewing reports, recommending services or protective actions,
determining the need for legal action, advising on placement decisions, identifying
resources, and fostering multi-agency cooperation. [7 O.C. 706.4-5]. The Law imposes
strict confidentiality, a HIPAA threat-prevention exception, a minimum-necessary
standard, selective participation, and a prohibition on redisclosure. [7 O.C. 706.4-2].
▪ Effect. The IDT brings together subject-matter experts to ensure holistic, culturally
grounded, and coordinated responses to elder mistreatment. The confidentiality
framework protects sensitive information while enabling essential information
I
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▪
▪
▪
sharing. This integrated approach enhances investigative quality, reduces
fragmentation, and ensures elders receive consistent, effective support.
▪ Reporting Requirements. Any person with knowledge or reasonable cause to suspect
abuse, neglect, self-neglect, or exploitation must report immediately. [7 O.C. 706.5-1].
The Law identifies broad categories of mandated reporters, including family members,
caretakers, elected officials, employees of the Nation (including health, mental health,
legal, and judicial personnel), and fiduciaries. [7 O.C. 706.5-2]. Non-mandated reporters
may remain anonymous. [7 O.C. 706.5-3]. Reporters acting in good faith are immune
from liability. [7 O.C. 706.5-4].
▪ Effect. The universal duty to report ensures that concerns are identified early, while
mandatory reporting by key professionals increases accountability and detection of
high-risk situations. Immunity provisions encourage reporting without fear of
retaliation. This structure significantly enhances the Nation’s ability to intervene
promptly and protect vulnerable elders.
Penalties for Failure to Report and False Reporting. Mandated reporters who fail to report
may face civil penalties up to $2,000. [7 O.C. 706.5-5]. Individuals who knowingly file false
reports may face civil penalties up to $2,000. [7 O.C. 706.5-6].
▪ Effect. These provisions strengthen accountability by deterring both negligence and
malicious misuse of the reporting system. Penalties promote integrity in reporting and
ensure that the system remains focused on elder safety rather than misinformed or
retaliatory allegations.
Investigation Procedures. The Law outlines minimum investigative actions, including home
visits, observation of the elder, private interviews, review of healthcare and financial records,
and interviews with guardians or caregivers. [7 O.C. 706.6-2]. It authorizes medical
examinations under specific consent standards and includes protections when the suspected
abuser is a guardian or agent. [7 O.C. 706.6-3]. Investigators may request law enforcement
assistance during residence visits or as needed. [7 O.C. 706.6-4]. The Law allows emergency
protective action, including protective placement. [7 O.C. 706.6-6]. Confidentiality
requirements restrict access to investigative records, with limited exceptions. [7 O.C.
706.6-7]. Written investigative reports must be retained for five (5) years. [7 O.C. 706.6-8]
Interference with or retaliation against investigators or reporters is prohibited and subject to
civil penalties. [7 O.C. 706.6-9].
▪ Effect. Clear, detailed investigative procedures promote thorough, timely, and consistent
responses to elder risk. The ability to access records, coordinate with law enforcement, and
take emergency protective action ensures that investigators can protect elders quickly and
effectively. Strong confidentiality rules protect sensitive information and reinforce trust in
the system.
Rights of Elders. Elders have the right to be notified of investigations (except during
emergencies), to refuse services if they have capacity, to control access to their property, to
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▪
▪
deny entry to investigators (subject to warrants), and to be represented by counsel at their own
expense. [7 O.C. 706.7-1].
▪ Effect. These rights preserve elder autonomy and self-determination, ensuring that
interventions respect elders’ dignity and legal protections. By safeguarding property rights
and establishing clear procedures for entry, the Law reinforces due process while balancing
safety needs.
Rights of the Accused. Accused individuals may refuse services for themselves, deny entry to
investigators (subject to a warrant), and retain legal counsel at their own expense. [7 O.C.
706.7-2].
▪ Effect. These provisions uphold fairness, reinforce due process, and prevent unlawful
intrusions while maintaining protections for elders. They ensure that the investigation
process respects individual rights without impeding protective actions required for
elder safety
Jurisdiction. The Oneida Trial Court has jurisdiction over actions brought under the Law,
including review of penalties, hearings, and protective orders. Personal jurisdiction is
established for Nation members and employees. [7 O.C. 706.8-1].
▪ Effect. Centralizing jurisdiction within the Trial Court ensures consistent judicial
oversight, clear enforcement mechanisms, and streamlined legal processes. This
promotes uniform application of elder-protection standards and enhances legal
clarity.
SECTION 6. EXISTING LEGISLATION
A. Related legislation. The following laws of the Nation are related to the proposed
amendments to this Law:
▪ Public Peace Law. The Public Peace Law establishes community standards intended to
preserve peace, harmony, safety, health, and general welfare within the Reservation [3
O.C. 309.1-1], with a stated policy goal of promoting peace and order through an orderly
civil-infraction process [3 O.C. 309.1-2]. Within this framework, the law provides direct
elder-abuse protections by defining and prohibiting civil infractions that harm “elders at
risk,” including individuals age 55 or older who have experienced—or are at risk of—
abuse, neglect, self-neglect, or financial exploitation [3 O.C. 309.3-1(g)]. It establishes
substantive offenses such as assault [3 O.C. 309.8-1], harassment [3 O.C. 309.8-2], and
abuse of individuals at risk, including physical, emotional, and sexual abuse, confinement,
financial exploitation, and deprivation of basic needs [3 O.C. 309.8-3; 309.8-3(e)]. The
law also authorizes the Oneida Police Department to investigate and issue citations for
these violations, giving OPD essential enforcement authority to intervene in cases of elder
abuse [3 O.C. 309.4-3].
▪ In contrast to the Public Peace Law’s substantive offenses, the Elder Protection
Law provides the procedural framework necessary to respond to suspected elder
abuse. It mandates reporting of abuse or neglect concerns [7 O.C. 706.5-2],
imposes civil penalties for failing to report or making false reports [7 O.C. 706.5Page 7 of 11
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▪
5; 706.5-6], and establishes minimum investigative requirements such as home
visits, private interviews, record reviews, and coordination with law enforcement
[7 O.C. 706.6-2; 706.6-4]. The Elder Protection Law further authorizes
emergency protective actions including temporary protective placement [7 O.C.
706.6-6] ensures confidentiality of investigative records [7 O.C. 706.6-7], and
creates the Interdisciplinary Team (IDT), a multi-agency group that coordinates
supportive interventions across aging services, police, health, housing, behavioral
health, legal services, and community resources [7 O.C. 706.4-1; 706.4-5].
Together, these laws operate as an integrated system: the Public Peace Law
addresses the harmful act itself, such as assault [3 O.C. 309.8-1], financial
exploitation [3 O.C. 309.8-3(e)], or confinement [3 O.C. 309.8-3(d)] while the
Elder Protection Law triggers reporting, investigation, IDT coordination, and
protective placement when necessary [7 O.C. 706.5; 706.6; 706.4]. This
coordinated structure enables OPD to enforce violations while the IDT
simultaneously safeguards an elder’s well-being, resulting in protection both
before harm occurs, through early intervention, and after harm occurs through
enforcement, penalties, and protective services.
Citation Law. The Citations Law establishes the Nation’s formal process for issuing and
adjudicating civil citations, defining a citation as the legal instrument that initiates a civil
action for collecting a fine or penalty for violations of Nation law [8 O.C. 807.1-1;
807.4-1]. Officers, including the Oneida Police Department, may issue citations when a
law expressly authorizes civil penalties [8 O.C. 807.4-2; 807.3-1(h)]. This framework
becomes directly relevant under the Elder Protection Law because that law creates
enforceable civil penalties for failing to report suspected elder abuse, knowingly making
false reports, interfering with an investigation, and engaging in retaliation—each subject
to fines up to $2,000 per violation [7 O.C. 706.5-5; 706.5-6; 706.6-9]. Since the Citations
Law governs how civil penalties are issued, served, amended, heard, and enforced—
including personal service, mail service, publication service, default judgments, and
post-judgment remedies such as garnishment [8 O.C. 807.4-4; 807.6; 807.4-3(h)] any civil
penalty embedded in the Elder Protection Law must be processed through the citation
system. Thus, the Citations Law supplies the enforcement mechanism for the Elder
Protection Law’s penalty provisions.
▪ The Elder Protection Law’s penalty and enforcement structure relies on the
citation process to ensure compliance and accountability. When a mandated
reporter fails to report abuse, makes a knowingly false report, or interferes with or
retaliates against an investigator, those violations must be enforced by issuance of
a citation under Chapter 807, triggering a civil action in the Judiciary for the
collection of fines [8 O.C. 807.4-1; 807.4-2]. OPD, already expressly empowered
to investigate elder-abuse allegations under the Elder Protection Law [7 O.C.
706.4-4; 706.6-4] also functions as the authorized issuing agency for citations
under the Citations Law. Once a citation is issued, all procedural aspects follow
Chapter 807 requirements, including notice, service, pre-hearing rights, plea
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▪
options, stipulations, hearings, burdens of proof (clear and convincing evidence),
and remedies for non-payment such as wage or per-capita garnishment and
suspension of rights or privileges [8 O.C. 807.4-4; 807.6-1; 807.6-2; 807.4-3(h)].
In this way, the Elder Protection Law creates the underlying violations, while the
Citations Law provides the procedural and enforcement mechanism necessary to
give those violations legal effect.
Oneida Judiciary Rules of Civil Procedure. The Judiciary Rules of Civil Procedure in
Chapter 803 govern all civil actions under the Nation’s jurisdiction and ensure consistent
procedural requirements for filing, service, hearings, motions, discovery, and appeals [8
O.C. 803.1-1; 803.4; 803.5–803.7]. Because the Elder Protection Law authorizes a
variety of court-based actions, including petitions for protective placement, access orders,
enforcement of investigation rights, and court review of substantiated abuse cases [7 O.C.
706.6-6; 706.7; 706.8] these matters fall squarely under Chapter 803 procedural
requirements. This means that all Elder Protection Law proceedings must comply with
Chapter 803’s rules on service of process, pleadings, pretrial meetings, motions, hearing
procedure, standards of proof (preponderance unless another standard applies), and the
rights of litigants to present evidence, request discovery, and engage in motion practice
[8 O.C. 803.4-8; 803.7; 803.12; 803.38]. Chapter 803 therefore provides the legal
infrastructure that governs how elder-protection cases move through the court system.
▪ Actions arising under the Elder Protection Law, such as protective placement
petitions, requests to compel access to an elder, initiated by Aging & Disability or
the Oneida Law Office activate the full range of civil-procedure requirements
found in Chapter 803. For example, elder-protection cases must follow the rules
governing summons and complaint, service deadlines, responsive pleadings,
amended pleadings, and pretrial scheduling [8 O.C. 803.5; 803.7; 803.12].
Discovery rights apply to contested elder-protection matters, permitting
interrogatories, document requests, depositions, and motions to compel, subject to
the protective-order and confidentiality limitations set by both Chapter 803 and
the Elder Protection Law’s strict confidentiality provisions [8 O.C. 803.14-6; 7
O.C. 706.6-7]. When respondents violate court orders issued under the Elder
Protection Law, such as access orders, service plans, or protective-placement
directives, the Trial Court may use its civil-procedure enforcement powers,
including contempt sanctions, fines, injunctions, wage or benefit garnishment, and
other enforcement mechanisms [8 O.C. 803.26; 803.31–803.35]. In this way, the
Elder Protection Law defines the substantive protections for elders, while the
Judiciary Rules of Civil Procedure provide the procedural tools necessary to
adjudicate, enforce, and uphold those protections.
SECTION 7. ENFORCEMENT AND ACCOUNTABILITY
A. Authority of the Interdisciplinary Team: The Elder Protection law authorizes the
Interdisciplinary Team to coordinate investigations, recommend protective actions, and advise
the Court when legal intervention is necessary. The Team may request assistance from the
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Oneida Police Department and other investigative agencies as needed to carry out its
responsibilities. [7 O.C. 706.4-4 and 706.4-5].
B. Investigation and Protective Authority: Investigative agencies, including Oneida Aging and
Disability Services and law enforcement, are authorized to conduct visits, interviews, review
records, and take other lawful actions necessary to investigate alleged elder abuse, neglect,
self-neglect, or exploitation. Agencies may also request court orders, including warrants,
emergency protective placements, or medical examinations when required to ensure an elder’s
safety. [7 O.C. 706.6-1 through 706.6-6].
C. Issuance Citations and Civil Penalties: Any person who violates a provision of this law may
be subject to civil penalties issued through the Oneida Trial Court. [7 O.C. 706.5-5, 706.5-6,
706.6-9.].
D. Enforcement of Court Orders: Any lawful order of the Oneida Trial Court issued under this
law—including orders for access, services, protective placement, or prohibition of
interference—may be enforced by the Oneida Police Department or another authorized
investigative agency. Enforcement actions may include taking reasonable steps necessary to
prevent continued harm to an elder. [7 O.C. 706.6-9].
E. Law Enforcement Authority: The Oneida Police Department is authorized to take any lawful
and necessary action to prevent, mitigate, or respond to violations of this law, including
providing investigative support, ensuring scene safety, enforcing court orders, and
coordinating with Aging and Disability Services during protective interventions. [7 O.C.
706.6-4.].
F. Employment and Licensening Accountability: If the Court determines that an employee of
the Nation or a credentialed professional has violated this law through interference, or
retaliation—the Court shall provide notice of the determination to the person’s employer and
any relevant licensing or regulatory agencies. Employment-related discipline shall be imposed
consistent with the Nation’s employment laws. [7 O.C. 706.6-9(d)].
G. Recordkeeping and Compliance: Aging and Disability Services, the Interdisciplinary Team,
and all investigative agencies must maintain records in accordance with confidentiality
standards in this law. Unauthorized disclosure of confidential information may be addressed
through administrative discipline, civil penalties, or court action consistent with applicable
Nation law. [7 O.C. 706.4-2 and 706.6-7].
SECTION 8. OTHER CONSIDERATIONS
Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee
resolution BC-10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the
Legislative Procedures Act,” provides further clarification on who the Legislative Operating
Committee may direct complete a fiscal impact statement at various stages of the legislative
process, as well as timeframes for completing the fiscal impact statement.
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Conclusion. The Legislative Operating Committee has not yet directed that a fiscal
impact be completed.
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Title 7. Children, Elders & Family - Chapter 706
ELDER PROTECTION
706.1. Purpose and Policy
706.2. Adoption, Amendment, Repeal
706.3. Definitions
706.4. Interdisciplinary Team
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706.5. Reporting
706.6. Investigation
706.7. Rights of Parties
706.8. Jurisdiction
706.1. Purpose and Policy
706.1-1. Purpose. The purpose of this law is to uphold the Nation’s responsibility to honor and
protect its elders. This law establishes a process to safeguard elders from harm, including abuse,
neglect, self-neglect, and exploitation. This process includes:
(a) reporting concerns of abuse, neglect, self-neglect, and exploitation of elders;
(b) investigating reports to ensure the safety and well-being of elders; and
(c) providing services and support for elders who require protection from abuse, neglect,
self-neglect, and exploitation.
706.1-2. Policy. It is the policy of the Nation to honor, respect, and protect its elders. The Nation
recognizes that elders possess unique and irreplaceable stores of knowledge, skill, and experience
that enhance and enrich the lives of the entire Nation. The interests of the Nation, now and in the
future, are advanced when its elders are confident that they are protected from abuse, neglect, selfneglect, and exploitation. In honoring these principles, the Nation embraces Yukwats$stay< the
fire, the animating spirit within each of us as a reminder that protecting our elders is an
expression of who we are as a People and a reflection of The Good Mind we strive to uphold
as expressed by On<yote>a=ka, which includes:
(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.
(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.
(c) Ka>nikuhli=y%. The openness of the good spirit and mind.
(d) Ka>tshatst^sla. The strength of belief and vision as a People.
(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.
(f) Twahwahts$lay<. All of us are family.
(g) Yukwats$stay<. Our fire, our spirit within each one of us.
706.2. Adoption, Amendment, Repeal
706.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.
706.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
706.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
706.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
706.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
706.3. Definitions
706.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Abuse” means any of the following:
(1) Physical abuse.
7 O.C. 706 – Page 1
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(2) Emotional abuse.
(3) Sexual abuse.
(4) Treatment without consent.
(5) Unreasonable confinement or restraint.
(b) “Bodily harm” means physical pain or injury, illness, or any impairment of physical
condition.
(c) “Caregiver” means a person who has assumed responsibility for all or a portion of an
individual’s care voluntarily, by contract, or by agreement, including a person acting or
claiming to act as a legal guardian.
(d) “Case management” means an assessment of need for direct services, development of
a direct service plan and coordination and monitoring of the provision of direct services.
(e) “Departmental report form” includes documentation of an elder-adult-at-risk agency’s
response to or investigation of a report and is the information required to be submitted to
the department.
(f) “Direct services” includes temporary shelter, relocation assistance, housing, respite
care, emergency funds for food and clothing and legal assistance.
(g) “Elder-at-risk” means any person aged Fifty-Five (55) or older who has experienced, is
currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial
exploitation.
(h) “Elder-adult-at-risk agency” means Oneida Aging and Disability, or an agency
designated by the county board of supervisors to receive, respond to, and investigate reports
of abuse, neglect, self-neglect, and financial exploitation.
(i) “Emotional abuse” means language or behavior that serves no legitimate purpose and is
intended to be intimidating, humiliating, threatening, frightening, or otherwise harassing,
and that does or reasonably could intimidate, humiliate, threaten, frighten, or otherwise
harass the individual to whom the conduct or language is directed.
(j) “Financial exploitation” means any of the following:
(1) Obtaining an individual’s money or property by deceiving or enticing the
individual, or by forcing, compelling, or coercing the individual to give, sell at less
than fair market value, or in other ways convey money or property against his or
her will without his or her informed consent.
(2) Theft.
(3) The substantial failure or neglect of a fiscal agent to fulfill his or her
responsibilities.
(4) Unauthorized use of an individual’s personal identifying information or
documents.
(5) Unauthorized use of an entity’s identifying information or documents.
(6) Forgery.
(7) Financial transaction card crimes.
(k) “Investigative agency” means Oneida Aging and Disability, a law enforcement or a
city, town, village, county, or state governmental agency or unit with functions relating to
protecting health, welfare, safety, or property, including an agency concerned with animal
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protection, public health, building code enforcement, consumer protection, or insurance or
financial institution regulation.
(l) “Nation” means the Oneida Nation.
(m) “Neglect” means the failure of a caregiver, as evidenced by an act, omission, or course
of conduct, to endeavor to secure or maintain adequate care, services, or supervision for an
individual, including food, clothing, shelter, or physical or mental health care, and creating
significant risk or danger to the individual’s physical or mental health. “Neglect” does not
include a decision that is made to not seek medical care for an individual, if that decision
is consistent with the individual’s previously executed declaration or do-not-resuscitate
order as authorized by law.
(n) “Physical abuse” means the intentional or reckless infliction of bodily harm.
(o) “Record” includes any document relating to the response, investigation, assessment,
and disposition of a report made under this law.
(p) “Self-neglect” means a significant danger to an individual’s physical or mental health
because the individual is responsible for his or her own care but fails to obtain adequate
care, including food, shelter, clothing, or medical or dental care.
(q) “Sexual abuse” means a violation of Wisc. Stat. 940.225(1), (2), (3), or (3m).
(r) “Treatment without consent” means the administration of medication to an individual
who has not provided informed consent, or the performance of psychosurgery,
electroconvulsive therapy, or experimental research on an individual who has not provided
informed consent, with the knowledge that no lawful authority exists for the administration
or performance.
(s) “Unreasonable confinement or restraint” includes the intentional and unreasonable
confinement of an individual in a locked room, involuntary separation of an individual
from his or her living area, use on an individual of physical restraining devices, or the
provision of unnecessary or excessive medication to an individual, but does not include the
use of these methods or devices in entities regulated by the department if the methods or
devices are employed in conformance with state and federal standards governing
confinement and restraint.
(t) “Retaliation” means intimidating, threatening to cause or causing bodily, emotional,
property, or financial harm.
706.4. Interdisciplinary Team
706.4-1. Composition. The Interdisciplinary Team consists of representatives from Aging and
Disability Services, Oneida Police Department, Comprehensive Health Division, Oneida
Behavioral Health, Oneida Law Office, Oneida Community Resource and Economic Support,
Comprehensive Housing Department, Oneida Family Services, and any additional agencies
designated by the Team as necessary to fulfill its duties.
706.4-2. Confidentiality. All members of the Interdisciplinary Team shall maintain strict
confidentiality regarding all matters that come before the team. No member may disclose any
information except as expressly authorized under this law.
(a) Purpose-Based Disclosure. Members may use or disclose confidential information
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only as necessary to perform duties under this law, including prevention, identification,
investigation, or mitigation of elder abuse, neglect, exploitation, or self-neglect.
(b) HIPAA Exception for Harm Prevention. When a member is subject to HIPAA, the
member may share protected health information with the Team under the exception
permitting disclosure to prevent or lessen a serious and imminent threat to the health or
safety, provided that:
(1) the disclosure is made in good faith to prevent or address abuse, neglect, or
exploitation; and
(2) the disclosure is limited to persons reasonably able to prevent or mitigate the
threatened harm, including members of the Interdisciplinary Team acting within
their authority under this law.
(c) Minimum-Necessary Standard. Any disclosure shall be limited to the minimum
information necessary for the Team to perform its duties.
(d) Selective Participation. Only members whose roles are relevant to a specific case
shall access confidential information for that case.
(e) Redisclosure Prohibited. Information received through the Team may not be further
disclosed except as required to perform professional duties related to the case or as
otherwise authorized by law.
(f) Conflict of Interest. Members with a personal conflict, familial relationship, or other
circumstance that may compromise confidentiality, or objectivity shall recuse
themselves from case discussions.
706.4-3. Reporting to Licensing Agencies. The Team may report to a licensing agency any
concerns that a regulated person has failed to comply with mandatory reporting requirements under
this law or has abused or neglected an elder. The Team may also report concerns to the person’s
employer.
706.4-4. Law Enforcement Assistance. The Team may request assistance from the Oneida Police
Department in investigating allegations of elder abuse or neglect and shall notify the Department
of any allegations of criminal abuse or neglect.
706.4-5. Duties: The Team shall meet periodically and:
(a) guide investigations of reported elder abuse;
(b) review reports from adult protection workers and determine whether an Oneida elder is
in danger of harm;
(c) recommend actions to adult protection workers and to the Court to promote the care of
elders;
(d) determine whether a legal action should be initiated by the Nation;
(e) determine whether an elder should be removed from the person’s home temporarily or
permanently;
(f) recommend placement options when an elder cannot remain in their home;
(g) identify available community resources, programs, and services;
(h) promote cooperation, communication, and consistency between agencies;
(i) assist in developing and implementing plans to promote the long-term wellbeing of
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elders and their families.
706.4-6. Decision-Making. Decisions shall be made by consensus of members present at a duly
noticed meeting.
706.4-7. Notice of Meetings. Notice of regularly scheduled meetings is presumed complete upon
scheduling. Notice of emergency meetings shall be provided at least twenty-four (24) hours in
advance by email, text, or phone call/voicemail.
706.4-8. Family and Community Engagement. The Team shall prioritize resolving issues of abuse
or neglect through family and community assistance and may convene meetings with designated
family and community members for this purpose.
706.4-9. Funding Authority. The Team may solicit and accept grants or funds from federal, state,
tribal, and local governments and private sources to further the purposes of this law.
706.4-10. Administrative Support. Aging and Disability Services shall serve as the Team’s primary
contact, organize meetings, and maintain records.
706.4-11. Subject Matter Experts. The Team may engage subject matter experts from any entity
necessary to access resources required to fulfill its duties.
706.5. Reporting
706.5-1. Duty to Report. Any person who knows or has reasonable cause to suspect that an elder
is being or has been abused, neglected, self-neglected, or exploited shall immediately report the
information to the Oneida Police Department or Oneida Aging and Disability Services, unless
prohibited by a legally recognized privilege. Individuals bound by a privileged relationship may
only make an anonymous disclosure if there is an urgent need for hospitalization, guardianship,
protective services, or protective placement.
706.5-2. Mandated Reporters. The following individuals have a mandated duty to report suspected
abuse, neglect, self-neglect, and exploitation of elders:
(a) The elder’s family members or caretakers;
(b) Any elected official of the Nation;
(c) Any employee of the Nation, including but not limited to:
(1) physicians, surgeons, dentists, podiatrists, chiropractors, nurses, dental
hygienists, optometrists, medical examiners, emergency medical technicians,
paramedics, or other health care providers;
(2) psychiatrists, psychologists, or psychological assistants;
(3) licensed or unlicensed social workers, professional counselors, or marriage and
family therapists;
(4) persons employed in the mental or behavioral health profession;
(5) persons employed as physical or occupational therapists, or their assistants;
(6) law enforcement officers;
(7) judges, attorneys, court counselors, clerks of court, and other judicial system
officials or staff;
(d) Any person or agency with fiduciary responsibilities to an elder, such as accountants,
property managers, financial advisors, or financial institutions.
706.5-3. Anonymous Reports. Except for mandated reporters identified in section 706.5-2, any
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person reporting elder abuse, neglect, self-neglect, or exploitation may remain anonymous.
706.5-4. Immunity from Liability. Any person who in good faith, reports suspected abuse, neglect,
self-neglect, or exploitation of an elder shall be immune from any legal action arising from that
report.
706.5-5. Civil Penalty for Failure to Report.
(a) Any person required by this law to report suspected elder abuse, neglect, self-neglect,
or exploitation who fails to do so is subject to a civil penalty not to exceed two thousand
dollars ($2,000).
(b) The Court shall impose the penalty only after petition, notice, an opportunity for
hearing, and a determination that the person had a mandated duty to report and failed to
comply.
(c) A person who fails to report may also be subject to civil liability for damages suffered
by the elder as a result of the failure to report, notwithstanding any determination by the
Court regarding violation of this law.
706.5-6. Civil Penalty for Bad Faith Reports.
(a) Any person who knowingly makes a false report of suspected abuse, neglect, selfneglect, or exploitation is subject to a civil penalty not to exceed two thousand dollars
($2,000).
(b) The Court shall impose the penalty only after petition, notice, an opportunity for
hearing, and a determination that the person knowingly made a false report.
(c) A person making a false report may also be subject to civil liability for damages suffered
by the person(s) named in the false report.
706.5-7. Report Requirements. Reports of suspected elder abuse, neglect, self-neglect, or
exploitation shall be made to the Oneida Police Department or Oneida Aging and Disability
Services.
(a) Oral reports shall be immediately documented in writing by the Director or designee.
(b) Anonymous reports shall be investigated as required by this law.
(c) Written reports shall include, if available:
(1) The elder’s name, address or location, and telephone number;
(2) The name, address or location, and telephone number of the person(s) or
agency suspected of abuse, neglect, or exploitation;
(3) The nature and degree of any limitations of the elder;
(4) The name, address or location, and telephone number of the elder’s caretaker,
if applicable;
(5) The name, address or location, and telephone number of any witnesses;
(6) A description of the acts reported as abusive, neglectful, or exploitative;
(7) Any other information that may assist in determining abuse, neglect, selfneglect, or exploitation;
(8) The name, address, and telephone number of the reporter for follow-up
purposes, unless the report is anonymous.
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706.6. Investigation
706.6-1. Initiation of Investigations. Upon receipt of a report alleging abuse, financial
exploitation, neglect, or self-neglect of an elder adult at risk who is believed to be an Oneida Elder,
the Oneida Aging and Disability Designee shall promptly coordinate with appropriate elder-at-risk
agencies. The Oneida Aging and Disability Designee shall take all reasonable steps to ensure
timely and organized action to protect the elder while maintaining active involvement throughout
the investigative process.
706.6-2. Minimum Investigative Actions. The elder-adult-at-risk agency’s response shall include
one or more of the following:
(a) A visit to the elder’s residence;
(b) Observation of the elder, with or without consent of a guardian or agent under an
activated power of attorney for health care, if any;
(c) A private interview with the elder, to the extent practicable, with or without consent of
a guardian or agent under an activated power of attorney for health care, if any;
(d) An interview with the guardian or agent under an activated power of attorney for health
care, if any, and with any caregiver;
(e) A review of the elder’s treatment and health care records;
(f) A review of the elder’s financial records maintained by a financial institution, entity,
caregiver, or immediate family member. Financial records shall be released without
informed consent under either of the following circumstances:
(1) To an elder-adult-at-risk agency or other investigative agency under this section,
including voluntary disclosure by the record holder;
(2) Pursuant to a lawful court order.
706.6-3. Medical Examination. The elder-adult-at-risk agency may transport the elder adult at risk
for a medical examination by a physician if:
(a) The elder adult at risk or his or her guardian or agent under an activated power of
attorney for health care consent; or
(b) The elder is incapable of consenting and one of the following applies:
(1) The elder has no guardian or agent under an activated power of attorney for
health care;
(2) The guardian or an agent under an activated power of attorney for health care,
is suspected of abuse, neglect, or financial exploitation;
(3) The examination is authorized by court order.
706.6-4. Law Enforcement Assistance. The elder-at-risk agency may request law enforcement
assistance during visits to the elder’s residence or as otherwise necessary. Upon request, a law
enforcement officer shall accompany the agency investigator and provide assistance as needed.
706.6-5. Offer of Services and Referrals. Upon responding to a report, the elder-at-risk agency
shall determine whether the elder or any other individual involved requires services. The agency
shall provide or arrange for necessary services under the least restrictive conditions appropriate to
achieve the intended objectives.
706.6-6. If, after responding to a report, the elder-adult-at-risk agency has reason to believe that
abuse, financial exploitation, neglect, or self-neglect has occurred, the agency may:
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(a) Request immediate assistance to initiate protective services or contact an investigative
agency;
(b) Take emergency protective action, including emergency protective placement, if in the
elder’s best interests and the least restrictive intervention;
(c) Refer the case to law enforcement or the district attorney, if a crime is suspected.
(d) Refer the case to licensing or regulatory authorities if the residence, facility, or program
is or should be regulated;
(e) Refer the case to the Department of Safety and Professional Services if a credentialed
individual is involved;
(f) Refer the case to the Department of Financial Institutions if financial exploitation
involves a registered individual or entity;
(g) Petition for guardianship, protective services, or protective placement or seek review
of an existing guardianship if necessary to prevent harm.
706.6-7. Confidentiality. Departmental report forms are confidential and may not be released
except:
(a) To the elder, any person named as a suspect, and the suspect’s attorney, excluding the
identity of the reporter or any person whose safety may be endangered.
(b) To agencies or entities providing assistance, subject to confidentiality requirements;
(c) To individuals or organizations designated for audits or program evaluation, provided
identifying information is not disclosed;
(d) Pursuant to a lawful court order;
(e) To agencies or individuals providing direct services, including attending physicians, for
purposes of diagnosis, treatment, or coordination of care;
(f) To the guardian of the elder adult at risk or the guardian of any person named in a report
who is suspected of abuse, neglect, or financial exploitation. These individuals may inspect
the report, except that identifying information about the reporter or any person whose
safety may be endangered by disclosure shall not be released;
(g) To law enforcement officials as necessary to carry out their duties, in accordance with
applicable internal policies and this law;
To the Oneida Interdisciplinary Team, a federal agency, state or local governmental unit,
or an agency of another state that requires the report to fulfill its responsibility to protect
elder adults at risk from abuse, neglect, exploitation, or self-neglect;
(i) To the individual who made the report in a professional capacity, for the limited purpose
of informing them of actions taken to protect or provide services to the alleged victim.
706.6-8. Written Investigative Report.
(a) The Oneida Aging and Disability Designee shall provide a written investigative report
and file it with Oneida Aging and Disability Services.
(b) The report shall include all pertinent information obtained during the investigation,
including interviews, observations, assessments, and other relevant facts.
(c) The report shall remain on file for five (5) years, even if insufficient evidence exists to
pursue legal action.
(d) If the allegations are substantiated, Oneida Aging and Disability Services may mediate
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a resolution or forward the matter to the Oneida Law Office for legal action.
706.6-9. Interference with Investigation and Retaliation.
(a) No person shall intentionally interfere with a lawful investigation of suspected elder
abuse, neglect, self-neglect, or exploitation.
(b) No person shall retaliate against any individual who, in good faith, reports suspected
abuse or cooperates with an investigation.
(c) Any person who interferes with or retaliates shall be subject to a civil penalty of up to
two thousand dollars ($2,000) per occurrence. The Court shall impose the penalty only
after petition, notice, an opportunity for hearing, and a determination that interference or
retaliation occurred.
(d) Notice of the Court’s determination shall be provided to the person’s employer and any
relevant licensing agencies. If the violator is an employee of the Nation, disciplinary action
shall be imposed consistent with Nation employment laws.
706.6-10. Criminal Investigation. Any investigation or procedure under this law may continue
concurrently with a criminal investigation. Oneida Aging and Disability Services shall cooperate
with law enforcement to ensure the criminal investigation is not compromised.
706.7. Rights of Parties
706.7-1. Rights of Elders. An elder shall have the following rights:
(a) Notice of Investigation. An elder has the right to be informed about an elder abuse
investigation before it begins unless an emergency exists, in which case the elder shall
be informed as soon as possible, but not later than one (1) business day after the
investigation begins.
(b) Refusal of Services. An elder has the right to refuse to accept elder protective
services (even if there is good cause to believe that the elder has been or is being
abused, neglected, self-neglected, or exploited) provided that the elder is able to care
for himself or herself and/or has the capacity to understand the nature of the services
offered.
(c) Property Rights. An elder who owns or lawfully occupies property retains the right
to exclude others from their premises, subject to applicable law. This includes the right
to deny entry to any individual, except as otherwise authorized by court order or
warrant.
(d) Right to Exclude Entry. An elder has the right to refuse the Oneida Aging and
Disability Designee entrance into their home. The Oneida Aging and Disability Designee
shall inform the elder of this right before seeking entry and shall also inform the elder
of the Oneida Aging and Disability Designee’s authority to seek a warrant to gain access.
(e) Representation by Counsel. The elder has the right to be represented by counsel at
his or her own expense at all proceedings.
(1) If the elder seeks to proceed independently, then the elder may retain private
counsel to represent himself or herself at his or her own cost or proceed without
counsel (pro se).
(2) If the elder seeks to have the assistance of the Oneida Aging and Disability
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in filing the Petition, then Oneida Aging and Disability and the Oneida Law
Office shall make a determination on whether a legal claim exists and then
make a determination on how to proceed.
706.7-2. Rights of the Accused.
(a) Refusal of Services. The accused may refuse services offered by Oneida Aging and
Disability Services for themselves but may not refuse services offered to the elder.
(b) Right to Deny Entry. The accused may refuse entry to their home by the Oneida
Aging and Disability Designee. Before seeking entry, the Oneida Aging and Disability
Designee shall inform the accused of this right and shall also advise the accused that
the Oneida Aging and Disability Designee may seek a warrant to gain access if
necessary.
(c) Representation by Counsel. The accused has the right to be represented by counsel
at their own expense in all proceedings under this law.
706.8. Jurisdiction
706.8-1. The Oneida Trial Court has jurisdiction over any action brought under this law.
Personal jurisdiction over an individual under this law may be established where the parties
are members of the Nation, or employees of the Nation.
End.
Adopted – BC-__-__-__-__
7 O.C. 706 – Page 10
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
~
=DDDDOO
ONEIDA
Ralinda Ninham-Lamberies, Chief Financial Officer
Jameson Wilson, Legislative Operating Committee Chairman
May 20, 2026
Elder Protection Law Fiscal Impact Statement
The Legislative Operating Committee (LOC) is currently developing the Elder Protection Law.
The Legislative Procedures Act requires that a fiscal impact statement be provided for all proposed
legislation of the Nation. [1 O.C. 109.6-1]. The fiscal impact statement is an estimate of the total
fiscal year financial effects associated with the proposed legislation, and should include:
startup costs;
personnel;
office costs;
documentation costs; and
an estimate of the amount of time necessary for an individual or agency to comply with the
law after implementation. [1 O.C. 109.3-1(c)].
The fiscal impact statement must be completed and submitted to the LOC prior to the proposed
legislation being forwarded to the Oneida Business Committee for consideration. [1 O.C. 109.62]. The fiscal impact statement provides the Oneida Business Committee information on what the
potential adoption of the proposed legislation will cost the Nation, so that the Oneida Business
Committee can determine if adoption of the proposed legislation is in the best interest of the Nation.
The Legislative Procedures Act grants the LOC the authority to direct the Finance Department or
any agency who may administer a program if the legislation is enacted or may have financial
information concerning the subject matter of the legislation to submit a fiscal impact statement. [1
O.C. 109.6-1].
Oneida Business Committee resolution BC-10-28-20-A titled, “Further Interpretation of ‘Fiscal
Impact Statement’ in the Legislative Procedures Act” provides further clarification on the process
for directing a fiscal impact statement be completed. This resolution provides that upon final
approval of draft legislation by the LOC, the LOC may direct the Finance Department to provide
a neutral and unbiased fiscal impact statement to the LOC within ten (10) business days for
inclusion in adoption materials.
On May 20, 2026, the Legislative Operating Committee approved the final draft of the Elder
Protection Law. Therefore, the LOC is directing the Finance Department to provide a fiscal impact
statement on the Elder Protection Law by June 5, 2026.
Page 1 of 2
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A copy of the Elder Protection Law, as well as the legislative analysis, have been attached to this
memorandum for your convenience.
Requested Action
Provide the LOC a fiscal impact statement of the Elder Protection Law by June 5, 2026.
~
fflJDOOO
A good mind. A good heart. A strong fire.
Page 2 of 2
ONEIDA
58 of 191
r'\.
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
=DODDDD=
ONEIDA
Legislative Operating Committee
May 20, 2026
Uniform Commercial Code
Submission Date: 6/5/24
LOC Sponsor: Jameson Wilson
Public Meeting: N/A
Emergency Enacted: N/A
Summary: This item was added to the Active Files List on June 5, 2024. The Uniform
Commercial Code governs all commercial transactions, and the development of a Uniform
Commercial Code will aid in the development of other business laws for the Nation.
6/5/24 LOC: Motion by Jonas Hill to add the Uniform Commercial Code to the Active Files List
with Jameson Wilson as the sponsor; seconded by Kirby Metoxen. Motion carried
unanimously.
7/29/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Clorissa Leeman,
Carolyn Salutz, Fawn Billie, Kristal Hill, Maureen Perkins. The purpose of this
meeting was provide an introduction to the Uniform Commercial Code with
particular emphasis on Article 9 Secured Transactions, and the revised Model Tribal
Secured Transactions Act.
12/2/24:
Work meeting. Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Justin
Nishimoto, Clorissa Leeman, Carolyn Salutz, Grace Elliott, Kristal Hill, Fawn
Cottrell, Maureen Perkins. The purpose of this meeting was to review the general
purpose of each section of the model tribal secured transaction Code.
12/10/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Grace
Elliott. The purpose of this meeting was to review administration options for a
secured transaction law.
1/15/25:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Kirby
Metoxen, Jennifer Webster, Clorissa Leeman, Carolyn Salutz, Melinda Danforth,
Tana Aguirre, Grace Elliott, Fawn Cottrell, Fawn Billie, Kristal Hill, Maureen
Perkins. The purpose of this meeting was to discuss options to administer a secured
transaction law including utilizing the Wisconsin filing system.
2/19/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Marlon
Skenandore, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this
meeting was for the LOC to consider timelines, next steps and expectations.
6/6/25:
Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Marlon Skenandore,
Kristal Hill, Grace Elliott. The purpose of this meeting was to review each section of
the draft Secured Transaction law.
Page 1 of 3
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7/10/25:
Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Marlon Skenandore, Jonas
Hill, Fawn Cottrell, Kristal Hill, Grace Elliott, Clorissa Leeman. The purpose of this
meeting was to begin a line-by-line read through of the draft.
9/2/25:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Fawn Billie,
Rhiannon Metoxen, Grace Elliott. The purpose of this meeting was to continue
reading through the draft, as well as review real world examples of the various
scenarios covered in the law.
9/18/25:
Work Meeting. Present: Carl Artman, Grace Elliott. The purpose of this meeting was
to update the Oneida Law Office on the development of the draft law, gather initial
thoughts on the draft, and plan for working together as we move forward in the
process.
9/22/25:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Kirby
Metoxen, Fawn Billie, Fawn Cottrell, Kristal Hill, Rhiannon Metoxen, Grace Elliott.
The purpose of this meeting was to continue reading through the draft, as well as
review real world examples of the various scenarios covered in the law.
10/14/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Carl Artman, Grace
Elliott. The purpose of this meeting was to review real world e
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