36.01.030 Definitions
As used in this Code, unless the context clearly indicates otherwise, the following definitions shall apply:
(a) "ABUSE" means the willful infliction of physical injury or pain, oral assaults, sexual abuse, mental anguish, unreasonable confinement, intimidation, financial exploitation, the willful deprivation by a caregiver of the basic necessities of life – such as, but not limited to food, shelter, clothing, medical and personal care – which are necessary to avoid physical harm, mental anguish, or mental illness. However, no person shall be deemed to be abused for the sole reason they are being furnished nonmedical remedial treatment by spiritual means through prayer alone in accordance with a recognized religious method of healing in lieu of medical treatment against the Elder's free will.
(b) "ADVOCATE" means an employee or volunteer for a program for victims of Elder abuse who renders advocacy, counseling or assistance to the victim.
(c) "BODILY HARM" means willfully and knowingly causing bodily injury, substantial bodily injury or attempting to inflict serious injury to another person with a weapon.
(d) "CAREGIVER" means an individual who has the responsibility for the care, services and/or resources of an Elder by relationship either voluntarily, by contact, receipt of payment for care as a result of a family relationship, or by an order of a court of legally competent jurisdiction.
(e) "ELDER PERSON" or "ELDERLY" means any person who is at least fifty-five (55) years of age.
(f) "ELDER PROTECTION TEAM" (EPT) shall mean a resource group created by this Code whose objective is to ensure service to the Elderly population within the jurisdiction of the Turtle Mountain Indian Reservation are protected and properly cared for.
(g) "EXPLOITATION" means the act or process of using an Elder person or their resources for another person's profit, advantage, gain for monetary or personal benefit without legal entitlement to do so.
(h) "FACILITY" means a hospital, nursing home, daycare facility, home health agency or any facility with responsibility for the care and safety of Tribal Elders.
(1) "LONG TERM CARE FACILITY" means a facility or part thereof which provides skilled nursing care or intermediate nursing care to a total of two or more persons or personal care to more than four persons who are not related to the owner or administrator by blood or marriage.
(2) "SKILLED NURSING CARE" means the provision of nursing care services, health-related services, and social services under the supervision of a licensed registered nurse on a 24-hour basis.
(3) "HOSPITAL" means any facility where medical, emergency or otherwise is administered to Tribal Elders by either registered nurses or physicians.
(4) "DAYCARE FACILITY" means any nonresidential facility which promotes the social activity of elders. This facility may be a professional or lay facility administering care and are responsible for an Elder's daily activity.
(5) "HOME HEALTH AGENCY" means a public or private agency or organization that offers home care services including skilled nursing care and therapeutic service in the Elder's residence. This includes but is not limited to, physicians, nurses, therapists, social workers and homemakers who are supervised by the Home Health Agency.
(i) "GOOD FAITH REPORTING" means any Elder who believes wrongdoing or abuse has been committed against them, shall have the right to report the wrongdoing with an assurance of sincere belief in their report. And any Law Enforcement, Prosecutor or Advocate taking action because of the good faith report as defined by this code, will have an assurance of sincere belief in their report.
(j) "GREAT BODILY HARM" means an assault which causes serious injury that creates a substantial risk of death, or causes serious permanent disfigurement, coma, a permanent or protracted condition causing extreme pain, permanent or protracted loss or impairment of the function of any bodily member or organ, or results in prolonged hospitalization.
(k) "MENTAL ANGUISH" OR "MENTAL INJURY" means an identifiable and substantial impairment of an Elder person's intellectual or psychological functioning or well-being by either willfully or unintentionally subjecting an elder person to fear, grief, anguish, humiliation, fury, confusion, severe depression, or other forms of serious emotional distress, through threats, harassment, or other forms of intimidating behavior.
(l) "NEGLECT" means the willful, negligent or reckless failure of a guardian legally or voluntarily responsible, an employee of a public or private residential institution, home or agency, or any other person legally responsible in a residential setting for an Elder person's welfare to provide food, shelter, clothing, or any services necessary to maintain the physical or mental well-being of the Elder person.
(1) "Primary neglect" means purposeful neglect with intent to abuse, deprive or cause harm to an Elder.
(2) "Secondary neglect" means unintentional neglect which results in deprivation of basic necessities.
(3) "Abandonment" means leaving an Elder, who is incapable of caring for themselves, for a prolonged period of time without the legal guardian making proper arrangements for the Elder's care or desertion of an Elder by the legal guardian.
(m) "PERSONAL CARE" means the provision of services and care that does not require nursing skills to residents needing some assistance in performing activities of daily living.
(n) "PHYSICAL INJURY" means bodily pain, harm, or impairment caused either intentionally, negligently or recklessly.
(o) "RESIDENT" means any Elderly person who lives within the jurisdiction of the Turtle Mountain Band of Chippewa, pursuant to jurisdiction as defined within Articles II and III of the Tribal Constitution.
(p) Sexual Abuse – means any person who commits abusive sexual contact by touching, fondling of genitals, for sexual arousal by means of forcing, threatening, intimidating, coercing an Elder or causing an Elder to engage in any sexually explicit conduct without consent.
