Pyramid Lake Paiute Tribal Council

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Post Office Box 256

Nixon, Nevada 89424

Telepho11e: (775) 574-1000 I 574-1001 I 574-1002

FAX (775) 574-1008

RESOLUTION NO.: PL 49-15

RESOLUTION OF THE TRIBAL COUNCIL

OF THE PYRAMID LAKE PAIUTE TRIBE

NIXON, NEVADA

WHEREAS,

the Pyramid Lake Paiute Tribe is organized pursuant to the provisions of Section 16 of the

Indian Reorganization Act (25 U.S.C.§ 476) and is Federally recognized by the United States

Government through the Secretary of the Interior and the Bureau of Indian Affairs; and

WHEREAS,

the Pyramid Lake Pa lute Tribal Council is the duly constituted governing body of the Pyramid

Lake Paiute Tribe by authority of the Tribe's Constitution and By-Laws and amendments

thereto, approved by the Secretary of the Interior; and

WHEREAS,

the Pyramid Lake Paiute Tribal Council, pursuant to Article VI, Section 1 of the Constitution of

the Tribe and Article Vofthe Bylaws of the Tribe as amended, adopted the Pyramid Lake Tribal

Law and Order Code - Title 3 through the enactment of Resolution PL 78-92, dated December

11, 1992;and

WHEREAS,

the Tribal Council has established the Law and Order Committee, a standing committee of the

Tribe, with the responsibility to review the Law and Order Code-Title 3 to clarify various areas

of Tribal law, and to incorporate provisions as determined necessary to assist the Judiciary to

protect and preserve the safety and welfare of the Tribe and its membership, and to impart

justice in a fair and impartial manner; and

WHEREAS,

the Tribal Council has posted•the draft Chapter 9 - Tribal Elder and Vulnerable Adult Protection

Code for public comment and received few comments during the comment period which were

considered when drafting the Chapter;

WHEREAS,

the Law and Order Committee has reviewed the draft Chapter 9 - Tribal Elder and Vulnerable

Adult Protection Code attached hereto and incorporated herein by reference, and recommends

approval of the same in its entirety.

NOW, THEREFORE BE IT RESOLVED, that the Pyramid Lake Paiute Tribal Council hereby accepts the

recommendation of the Law and Order Committee and approves the enactment of Chapter 9 - Tribal Elder and

Vulnerable Adult Protection Code, effective upon approval by the Secretary of the Interior.

BE IT FINALLY RESOLVED, that the Tribal Chairman or his designee is hereby authorized to effectuate all

administrative actions necessary to implement this Chapter.

BE IT FINALLY RESOLVED, that any amendments to this Code shall be through the same resolution process.

CERT/FICA TION

It is hereby certified, that the foregoing resolution of the Pyramid Lake Paiute Tribal Council, governing body of

the Pyramid Lake Paiute Tribe, composed of ten members, of whom .....2.... constituting a quorum were present at

a meeting duly held on the 2nd day of

TULY , 2015 was adopted by the affirmative vote of_8_ FOR

and __Q_AGAINSTwith ___Q__ ABSTENTIONS; pursuant to the authority contained in the Constitution and ByLaws of the Pyramid Lake Paiute Tribe.

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Gina Wadsworth, Tribal Secretary

Pyramid Lake Paiute Tribal Council

TITLE 3 - LAW AND ORDER CODE

CHAPTER 9.

TRIBAL ELDER & VULNERABLE ADULT

PROTECTION

§ 3.9.100.

Title.

This Chapter shall be known and cited as the Pyramid Lake Paiute Tribe "Tribal Elder and

Vulnerable Adult Protection."

§ 3.9.102.

Authority.

Pursuant to the provisions of the Tribal Constitution and By-laws, including Article VI,

Section l(j) of the Constitution; and Article VII of the By-laws - Public Welfare, Section 1

Community Welfare, Subsection (b) "The Council shall designate persons who shall

administer welfare work on the reservation, and the solicitation and expenditure of welfare

funds shall be conducted in a systematic manner so that the right to do so may not be

abused. The Council shall thereby render assistance or aid to the aged, the physically

handicapped and all others in actual need of assistance."

§ 3.9.104.

Policy.

It is the policy of the Pyramid Lake Paiute Tribe to hold its elders in high esteem and to

protect those who cannot protect themselves. The elders of our community are the

custodians of Tribal history, culture and traditions which are vital to Native culture. It is

also the policy of the Pyramid Lake Paiute Tribe to protect those vulnerable adults who

exceed the age of eighteen (18) years of age and cannot protect themselves because of

mental or physical impairments. This Chapter shall be liberally construed to effect its

policies and purposes.

§ 3.9.106.

Purpose.

The purpose of this Chapter is to protect the elders and vulnerable adults within the

jurisdiction of the Pyramid Lake Paiute Indian Reservation from abuse or neglect as defined

by this Chapter. The Chapter shall be construed to achieve this purpose. This Chapter

provides for:

Reporting abuse or neglect to the proper agency; and

Receiving and investigating reports of abuse or neglect; and

Providing protective services for elders or vulnerable adults.

§ 3.9.108.

Civil Nature of Chapter.

This Chapter is civil and does not affect any applicable provisions of the Tribe's Criminal

Code unless specifically modified by this Chapter.

TITLE 3 - LAW AND ORDER CODE

§ 3.9.110.

Definitions.

The following definitions shall apply:

"Abuse" is:

An intentional or negligent infliction of bodily injury, unreasonable

confinement, intimidation, emotional abuse or cruel punishment of an elder or vulnerable

person which results in physical pain or mental anguish. Abuse may be inflicted by

relatives, acquaintances, caretakers or anyone else who comes Into contact with an elder or

vulnerable adult; and

Sexual abuse is physical contact without consent of an elder or

vulnerable adult with the Intent to d~rive sexual gratification by the person making contact.

Consent may not be obtained by threat, coercion, intimidation or fraud; and

Exploitation, which is the improper or unauthorized use of an elder or

vulnerable adult's funds, property or other resources. A failure to use an elder or vulnerable

adult's funds, property or resources as the elder or adult desires or for their benefit shall be

deemed exploitation.

"Caretaker" means a person who is required by Tribal or state law or Tribal

custom to provide services or resources to an elder or vulnerable adult; or a person who

volunteers to provide services or resources to an elder or vulnerable adult; or an institution

or agency and its employees who are required by Tribal, State or Federal law, Tribal custom

or through any other agreement to provide services or resources to an elder or vulnerable

adult.

."Elder" means a person who is sixty (60) years of age or older.

"Emergency" means a situation in which an elder or vulnerable adult is

immediately at risk of death or injury and is unable to consent to services to remove the

risk.

"Family" shall be determined by Tribal law, custom or traditions.

"Good Faith" means an honest and reasonable belief or purpose, and the lack

of intent to defraud.

"Least restrictive alternative" means whenever it is necessary to protect an

elder or vulnerable adult, the least restrictive method of intervention shall be used to

protect the freedom and independence of the elder or vulnerable adult; the least restrictive

alternative is that environment which is the most like the elder or vulnerable adult's home

setting and which is most capable of supporting the protected person's physical and mental

health and emotional being.

.... #"

"Neglect" means a failure to provide for the basic needs of an elder or

vulnerable adult by not supplying resources, care or supervision required to provide for

these basic needs; neglect also includes: interfering with delivery of necessary resources

and services; or failing to report abuse of an elder or vulnerable person; or failing to provide

an elder with services or resources to aid in the eider's practice of religion, tradition or

custom .

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TITLE 3 - LAW AND ORDER CODE

"Party" or " interested party" means the elder, vulnerable adult, family,

caretaker, and any other person that has an interest in the welfare of the elder or

vulnerable adult. The Court shall have the power to determine who is or is not a party or

interested party in any court proceeding.

"Protective placement" means the placement of an elder or vulnerable adult in

a hospital, nursing home, residential care facility, other suitable placement, or transfer from

one facility to another with consent of that person or with appropriate legal authority.

"Protective services" means services provided to an elder or vulnerable adult

with consent or by order of appropriate legal authority which includes but is not limited to:

social services, mental and physical health examinations, home and day care, legal

assistance, guardianship, case management and any other services consistent with this

Code.

"Retaliation 11 means intimidating, threatening to cause bodily harm, or causing

bodily harm, or causing bodily harm to a reporter or family of a person reporting elder

abuse; causing the reporter or reporter's family to be terminated, suspended or

reprimanded by an employer; causing property damage to real or personal property

belonging to a reporter's family.

"Substantiated Report" means when there is probable cause of abuse after an

investigation conducted by a protective or social se rvices worker. The report is sent to tribal

court for further steps to be taken. Social Services shall keep substantiated reports on file

for five (5) years.

"Tribal Court" means the Pyramid Lake Tribal Court established by t he

Pyramid Lake Paiute Law and Order Code.

"Vulnerable Adult" means those adults who exceed the age of eighteen (18)

years of age and are unable to protect _themselves from abuse, neglect or exploitation; this

includes the inability of the person to make responsible decisions for himself or herself

· because of mental .illness or deficiency, physical disability or illness, age, or chronic use of

alcohol or drugs.

"Unsubstantiated Report" mea ns when no probable cause exists after an

investigation; Social Services will keep such reports on file for two (2) years following the

completion of the report.

§ 3.9.112.

Duty to Report Abuse of Neglect of an Elder or Vulnerable Adult.

Suspected abuse or neglect shall be reported to Social Services by:

The elder or vulnerable adult's family or caretaker; or

Elected official of the Tribe; or

All Tribal social workers, med ical and dental staff, religious

practitioners or any other Tribal employees who provide services to Tribal eld ers or

vulnerable adults; or

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Any person or agency, including employees, with fiduciary duties to

elders or vulnerable adults such as attorneys, accountants, property managers or financial

Institutions; or

The elder or vulnerable adult abused; or

Any other persons who have reason to suspect that an elder or

vulnerable adult is abused or neglected.

Reports of suspected elder or vulnerable adult abuse are presumed to be

made in good faith.

§ 3.9.114.

Immunity for Reporting.

A person who in good faith reports suspected abuse or neglect as defined by this Chapter is

immune from any civil or criminal statute based upon that person's report even if the report

results in an unsubstantiated report.

§ 3.9.116.

Failure to Report; Civil Penalty; Damages.

Any person required to report and who fails to report suspected or actual abuse or neglect

as required by this Chapter may be subject to a civil fine penalty of up to Five-Thousand

Dollars ($5,000 .00). All persons required to report who fail to report are entitled to

petition, notice and an opportunity for hearing in Tribal Court. Fines shall be assessed only

after determination of a duty to report is found at the hearing. A person failing to report

suspected abuse or neglect may be subject to suit by or on behalf of abused persons for

9amages resulting from unreported abuse.

§ 3.9.118.

Bad Faith Report; Civil Liability, Damages, Criminal Liability.

Any person who makes a report of suspected abuse or neglect as defined by this Chapter

knowing it to be false shall be subject to a civil fine penalty of up to Five-Thousand Dollars

($5,000.00). Those accused of making bad faith reports are entitled to petition, notice and

an opportunity for a hearing in a civil suit for damages filed by persons unjustly charged.

Criminal penalties may also be brought against a bad faith reporter as provided for in this

Code.

§ 3.9.120.

Investigation.

A social worker shall initiate an investigation, as required in Part B of this

Section, upon receiving a report of elder or vulnerable adult abuse or neglect.

The social worker shall investigate the report of abuse or neglect within fortyeight ( 48) hours and prepare written report within ten (10) days based upon:

Personal interviews of the abused, the immediate family and

caretaker, suspected abuser, employees of agencies (if involved), and any other person who

may have pertinent information; and

Medical records and other evidence of abuse; and

Assessments of elder or vulnerable adult's living conditions using Tribal

standards for housing; and

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Any other observations, assessments, or documents that may aid in

completing an accurate report.

The written report shall contain:

Elder or vulnerable person's name, address or location, telephone

number; and

Name, address or location, telephone number(s) of the person(s) or

agency who is suspected of abuse or neglect under this Chapter; and

The condition of the abused; and names of witnesses and sufficient

information to effect the subpoena power of the Court over them; and

neglectful; and

§ 3.9.122.

Name, address or location, telephone number of caretakers; and

A description of the acts which are suspected of being abusive or

Any other information helpful in establishing abuse or neglect.

Privileged Communication.

No evidentiary privilege may be raised as a defense, except attorney-client privilege, for

failing to report suspected abuse or neglect or testifying as a witness under this Chapter.

§ 3.9.124.

Criminal Investigation.

The investigation and other procedures allowed in this Chapter may run concurrently with

criminal investigations.

§ 3.9.126.

Emergency.

The Court may issue an ex parte emergency protection order authorizing

emergency services or protective placement upon clear and convincing evidence that an

elder or vulnerable adult:

Is at risk of immediate physical harm; and

No one is authorized by law or court order to give consent; and

The elder or vulnerable adult or authorized caretaker is incapacitated

and cannot consent to services.

The emergency protection order shall:

emergency; and

Set out the specific emergency services to be provided to remove the

Allow protective placement only if the evidence indicates that it is

absolutely necessary; and

Designate the person or agency required to implement the order; and

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Be issued for seventy-two (72) hours excluding weekends and

holidays, and may only be renewed for a maximum of an additional seventy-two (72) hours

if there is evidence of a continuing emergency.

The Court may issue a warrant for forcible entry by Tribal Law Enforcement if

attempts to gain voluntary access have failed.

The petition for an emergency protection order shall include the name and

interest of the Petitioner. Also the name, address or location, proposed protective services,

attempts to secure consent and any other facts that will assist the Court.

Emergency protection orders may be set aside by the Court upon written

petition of any party showing good cause.

The Court shall hold a preliminary hearing on a petition to provide protective

services within seventy-two (72) hours, excluding weekends and holidays, after an

emergency protection order is issued unless good cause exists to grant a delay. The Court

shall state on the record any cause for such delay.

All parties, including attorneys, are permitted to attend the preliminary

hearing for a protection order. The hearing may be done ex parte if the need arises. The

sufficiency of the petition will be determined on a totality of circumstances test and goes

into effect upon the immediate granting of the order by the Court.

If there is good cause to believe that an emergency exists and an elder or

vulnerable adult is at risk of immediate or irreparable harm upon personal observation, the

investigator or law enforcement officer may immediately protect the abused, including

transporting him or her to adequate facilities. Immediately after the abused is protected,

standard procedures for an emergency protection order must be followed.

Anyone who acts in reasonable good faith pursuant to this Section shall be

immune from criminal or civil suit if the suspected abuse or neglect results in an

unsubstantiated report.

§ 3.9.128.

Rights of Elders, Adults, Their Families and Caretakers.

An elder, vulnerable adult, family or caretaker shall be informed of an abuse

investigation before it begins unless an emergency exists. If an emergency exists, notice

must be given using a means reasonably calculated to give actual notice as soon as possible

but no later than seventy-two (72) hours.

Elders or vulnerable adults may refuse to accept protective services provided

there is good cause to believe that the abused can take care of themselves and the elder or

vulnerable adult knows of the services offered.

Families or caretakers may refuse services for themselves but cannot refuse

services for the elder or vulnerable adult.

Elders, vulnerable adults, family or caretakers may refuse to allow

investigators into their home and should be told of the right of investigator to seek a

warrant for entry.

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If criminal charges may be brought against any party under the Law and

Order Code, the accused party must be informed of their rights under the Indian Civil Rights

Act, 25 U.S.C. § 1301 et seq.

Criminal Charges may include, but are not limited to: battery, assault, domestic violence, or

any other criminal offense that may warrant a charge.

Personal service of notice to the elder, vulnerable adult, family or caretaker is

required when a petition is filed pursuant to this Chapter.

The elder, vulnerable adult, family or caretaker has the right to attend all

proceedings pertaining to the capacity of the abused unless the Court determines the elder

or adult's health is at risk in attending such proceedings.

The elder, vulnerable adult, family or caretaker has the right to independent

medical, psychological or psychiatric evaluations at their own expense.

§ 3.9.130.

Procedures for Determining Capacity, Abuse or Neglect.

The Court shall determine an elder or vulnerable adult's capacity, degree of incapacity, or

whether abuse or neglect has occurred based on clear and convincing evidence at a hearing

requested in a voluntary proceeding or required at an involuntary proceeding. All parties

are entitled to petition, notice and an opportunity to be heard.

§ 3.9.132.

Elder and Adult Protection Order; Term.

If the Court determines that there is incapacity or evidence of abuse or

neglect of an elder or vulnerable adult, a protection order will be issued which may contain,

but is not limited to the following:

Removal from the place where abuse or neglect occurs, including the

elder or vulnerable adult's home; and

Enjoining the abuser from committing further abusive acts; and

Requiring any party having a fiduciary duty to the elder or vulnerable

adult to account for the elder or vulnerable adult's funds and/or property; and

Requiring compensatory damages to be paid by an abuser or

neglectful person to the elder or vulnerable adult for injuries resulting from abuser's or

neglectful person's wrongful act(s); and

Appointing a representative, guardian ad !item, or recommending a

representative payee for the elder or adult; and

Ordering Pyramid Lake Protective Services to prepare a plan to deliver

protective services which provides the least restrictive alternative to satisfy the elder or

vulnerable adult's needs.

An elder or adult protective order may not exceed twelve (12) months.

Extensions for the twelve (12) months following may be obtained in Court by petition,

notice and an opportunity for hearing. Extensions may be obtained as many times as

necessary if cause is shown by clear and convincing evidence. Review of the need for

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continued protective orders shall occur every six (6) months or upon motion of an

interested party as accepted by the Court.

§ 3.9.134.

Confidentiality of Reporter, Records, Hearings; Penalties for Noncompliance.

The identity of the reporter of abuse or neglect under this Chapter is

confidential and shall not be released unless the reporter consents or the Court determines

that the need of the elder or vulnerable adult exceeds the repbrter's right to privacy and

mandates disclosure. The reporter has the opportunity to petition and be heard at a closed

evidentiary hearing with regard to any such disclosure. Any disclosure may be released

only to the extent necessary to protect the elder or vulnerable adult.

Records of investigations concerning abuse or neglect under this Chapter are

confidential. Pyramid Lake Protective Services, Law Enforcement, Court officials, attorneys,

coroner, .medical staff and any other person whom the Court determines has reasonable

cause to have access may view the record(s).

Anyone who violates this Section shall be subject to a penalty fine of up to

Five-Thousand Dollars ($5,000.00) per occurrence. Petition, notice and an opportunity for

hearing in Tribal Court will determine if a violation has occurred.

§ 3.9.136.

Criminal Prosecutions.

Any person(s) who commits abuse or neglect against an elder or vulnerable

adult may be criminally prosecuted under applicable provisions of the Law and Order Code .

Criminal prosecutions may run concurrently with civil proceedings under this

Chapter. Dismissal or deferral of a criminal proceeding in no way affects the applicability of

this Chapter. Factors for the Court to consider when dismissing or deferring criminal

proceedings are:

The elder, adult, family or caretaker and suspected abuser ag ree to

resolve conflicts through any dispute process recognized by the Tribe; and

All parties concerned agree to accept services as determined by

Pyramid Lake Protective Services; and

The crime is not of a serious nature involving intentional bodily harm

or intentional property damage and the accused does not have a prior record of elder, adult,

child or sexual abuse.

§ 3.9.138.

Court Proceeding on Petition.

Petition. The Tribal Prosecutor shall initiate proceedings on behalf of the

Tribe, by filing a petition which contains the following information:

vulnerable adult.

The name, birth date, age, residence, and gender of the elder or

The basis for the Court's jurisdiction under this Chapter.

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_A plain and concise statement of facts upon which the claim is made

that the elder or vulnerable adult is in need of protection, including date(s), time(s), and

location(s) at which the alleged facts occurred .

The names, residences, and tribal affiliation, if any, of the person(s)

alleged to have neglected and/or abused the elder or vulnerable adult.

Notice of Petition Filing; Hearing. The Court and/or the Prosecutor shall

provide notice of the petition and the date of the hearing to each person who they have

notice has an interest in the welfare of the elder or vulnerable adult. Notice shall be

provided in any manner authorized by Chapter 3 of this Law and Order Code.

Hearings. The Court shall conduct a hearing on the petition to determine

whether the facts support a finding that the elder is in need of protection. All material and

relevant evidence which is reliable and trustworthy may be admitted and relied upon by the

Court to the extent of its probative value, including hearsay contained in a written

investigative report, provided that the preparer of the report is present and available to

provide testimony. The parties, including the elder, shall be afforded an opportunity to

examine and controvert written reports, and cross-examine individuals whose testimony is

presented. The Court may rely on conference telephone or other electronic devices that

permit all those appearing or participating to hear and speak to each other.

Judgments. The Court shall make a written decision at the conclusion of the

hearing. If the allegations of the petition are not sustained by a preponderance of the

evidence, the Court shall dismiss the matter; If the allegations of the petition are sustained,

the Court shall find that the elder is in need of protection, and may enter further orders for

evaluation, assessment or other orders to protect the elder. At the Court's discretion, a

Dispositional Order ensuring the protection of the elder may be held immediately or at an

interval following the initial hearing.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.