CHAPTER
56
PROVISIONS
FOR ELDERS
56-01-01
PURPOSE AND CONSTRUCTION
Elders are very important and highly respected within our tribal structure.
They are the caretakers of our rich culture and traditions. The Indian
Child Welfare Act, in recognition, gives priority to grandparents when
placing children who are in need. We also, as a people, wish to emphasize
elder's rights and protection by making them a part of our laws. The
Indian Child Welfare Act, defines "extended family" as the child's grandparent,
aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece
or nephew, first or second cousin, step-parent or any other person defined
by law or custom of the tribe.
56-02-01
VISITATION RIGHTS OF GRANDPARENTS
The Court, in its discretion, may grant visitation rights with or
without petition by the grandparents, if it is in the best interest
of the grandchild.
56-03-01
PETITION FOR VISITATION RIGHTS BY GRANDPARENTS
The grandparents of a child may petition the Court for grandchild
(ren) visitation rights in the following circumstances:
1. The
parents of the children) are divorced or legally separated; or
2. An
action for divorce or separate maintenance has been commenced by one
of the parents of the child(ren); or
3. The
parent of the child (ren), who is the child of the grandparent, has
died.
56-03-02 The
preceding provisions cited in 56-01-01, 56-02-01, and 56-0301, inclusive,
do not apply if the child (ren) has been placed for adoption with a
person other than the child (ren)'s stepparent or grandparent. Any grandparent
visitation rights granted pursuant to 56-01-01, 56-02-01, and 56-03-01,
inclusive prior to placement for adoption of the child (ren) for adoption,
except in those cases of "open adoption" as defined in Section 38-03-37.
56-04-01 ELDERS
ABUSE - PENALTY
Any person or caretaker who is convicted for a violation of the
following defined provisions in Section 56-06-02 through 56-06-07 shall
be sentenced to imprisonment for a maximum of six (6) months in jail
and to a fine of not more than three hundred and sixty dollars ($360.00),
plus court costs. (Class A Offense)
56-O5-Ol PENALTY
FOR FAILURE TO REPORT ELDER ABUSE
Any person or caretaker who has reasonable cause to suspect or who
witnesses abuse of an elder shall report the abuse or suspected abuse
to the Tribal Prosecutor, or in his/her stead, a police officer, or
social worker, immediately. Any person or caretaker who, without good
cause, fails to report abuse or suspected abuse of the elder shall be
guilty of an offense and upon conviction thereof shall be sentenced
to imprisonment for a minimum of ten (10) days and/or fine of not less
than thirty-five dollars ($35.00), plus court costs. (Class E Offense)
56-06-01
DEFINITIONS
56-06-02 ABUSE
-means the willful infliction of physical injury or pain, sexual abuse,
mental anguish, unreasonable confinement, intimidation, financial exploitation,
the willful deprivation by a caretaker of the basic necessities of life;
such as, but not limited to, food, shelter, clothing and personal care
which are necessary to prevent physical harm, mental anguish, or mental
illness, or any other type of maltreatment. However, no person shall
be deemed to be abused for the sole reason that they are being furnished
traditional remedial treatment by spiritual means through prayer alone
in accordance with their religious beliefs.
56-06-03 ELDER
- means any person who has attained the age of fifty-five (55) years.
56-06
04 CARETAKER - means an individual who has the responsibility
for the care of an elder, either voluntarily, by contract, receipt of
payment for care as a result of a family relationship, or by an order
of a court competent jurisdiction.
56-06-05 EXPLOITATION
- means the act or process of using an elder or their resources for
another person's profit, advantage, gain, or for monetary or personal
benefit without legal entitlement.
56-06-06 PHYSICAL
INJURY - means bodily pain, harm, impairment caused by malnutrition.
56-06-07 MENTAL
ANGUISH - means to subject an elder to fear, agitation, confusion,
sever depression, or other forms of serious emotional distress through
threats, harassment, or other forms of intimidating behavior.
56-07-01 REPORT
AND INVESTIGATION
Reports may be made to the Tribal Court Prosecutor,- a police officer,
or social worker. Anyone participating in good faith in the-making of
a report pursuant to the Elder Abuse provisions shall have immunity
from any liability, civil or criminal, that might otherwise- be incurred
or imposed, and shall have the same immunity with respect to participation
in any court proceeding resulting from such report. The Tribal Court
Prosecutor, police officer, or social worker shall reduce to writing
the following information from an informant:
1. Name,
age, and address of elder alleged to be abused;
2. Name
and address of person or caretaker in charge of elder who is subject
of the report;
3. Name
and address of alleged perpetrator;
4. Nature
and extent of the abuse;
5. Persons
who might have been aware of the abuse;
6. Dates)
and locations) of when and where the alleged abuse occurred;
7. Any
other pertinent information known to the person making the report.
56-08-01 NON-DISCLOSURE
The name of any person who reports suspected abuse of elders shall
not be disclosed to any person unless the person who reported the abuse
specifically requests such disclosure or a judicial proceeding results
from such report.
56-09-01 SPECIAL
BOARD
The Chief Judge shall - with the advice and consent of the existing
elderly groups and if circumstances warrant -appoint a special board
who shall evaluate circumstances and make remedial recommendations.
The Board shall have at least one (1) elder and shall consist of not
less than (3) nor more than five (5) members, in an ad hoc capacity.
The Board's primary responsibilities shall consist of evaluating what
services need to be mobilized on the elder's behalf and shall include,
but not be limited to, arrangement for appropriate living quarters,
obtaining financial benefits to which the person is entitled, securing
medical services and supplies, and in cases where exploitation, prevention
of injury, protection of the person and their property is at issue,
seeking alternative living quarters. The Board shall request and have
at its disposal all those services from agencies serving the people
of the Sisseton-Wahpeton Sioux Tribe to carry out its objectives.
56-10-01 SEVERABILITY
If any clause, sentence, paragraph, section, or part of this code
shall, for any reason be adjudicated by any Court of competent jurisdiction,
to be invalid or unconstitutional, such judgement shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, section, or part thereof
directly involved in the controversy in which the judgement shall have
been rendered.
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