[Adopted 3-1-1990 by Ord. No. 89-26; amended in its entirety 12-18-2008]
As used in this article, the following terms shall have the meanings indicated:
- Physical abuse, emotional abuse, sexual abuse, treatment without consent, unreasonable confinement or restraint, financial exploitation, or deprivation of a basic need for food, shelter, clothing or personal or health care, including deprivation resulting from the failure to provide or arrange for a basic need by a person who has assumed responsibility for meeting the need voluntarily or by contract, agreement or court order.
- ADULT AT RISK
- Any person age 18 or older who has a physical or mental condition that substantially impairs his or her ability to care for his or her needs and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation.
- ELDER ADULT AT RISK
- Any person age 55 or older who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation.
- EMOTIONAL ABUSE
- 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.
- FINANCIAL EXPLOITATION
- Any of the following:
- A. 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.
- B. Theft as defined by the Menominee Tribal Judiciary and Law and Order Code adopting 25 CFR 11.42, Theft.
- C. Unauthorized use of an individual's personal identifying information or documents.
- INDIVIDUAL AT RISK
- Either an elder adult at risk or an adult at risk.
- INFIRMITIES OF AGING
- Organic brain damage caused by advanced age or other physical degeneration in connection therewith to the extent that the person so afflicted is substantially impaired in his ability to adequately provide for his own care or custody.
- An act or failure to act that does result in subjecting an individual at risk to abuse, or an act or failure to act that could have been reasonably expected to subject an individual at risk to abuse.
- MENTAL ILLNESS
- Mental disease to the extent that an afflicted person requires care, treatment or custody for his or her own welfare or the welfare of others or of the community.
- The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation to protect others against an unreasonable risk of harm.
- OTHER LIKE INCAPACITIES
- Those conditions incurred at any age which are the result of accident, organic brain damage, mental or physical disability or continued consumption or absorption of substances, producing a condition which substantially impairs an individual from adequately providing for his own care or custody.
- PHYSICAL ABUSE
- The intentional or reckless infliction of bodily harm.
- Conduct that creates a situation of unreasonable risk of harm and demonstrates a conscious disregard for the safety of an individual at risk.
- TREATMENT WITHOUT CONSENT
- Any medical care that is given, or not given, to an individual at risk patient, without the permission of the individual at risk patient, if the individual at risk patient is able to make a decision regarding his/her own medical care. "Treatment without consent" does not include situations where medical treatment decisions are made on behalf of an individual at risk by a legal guardian, person appointed in a living will, or a person appointed power of attorney for health care who is acting within the scope of his/her duties.
It shall be a crime under Menominee tribal law for any person to do any of the following:
The Menominee Indian Tribe hereby establishes the following penalties, per count:
Any person who violates § 368-18A under circumstances that cause an intentional financial exploitation of an individual at risk shall be sentenced by the Court to a jail term not less than four months nor more than one year and a fine not less than $1,000 nor more than $5,000, plus restitution for any loss of property, money or other financial interest arising out of the financial exploitation.
In addition to the penalties listed above, the Court shall order restitution, if any, for damage(s) to the victim(s).
The Court may, in its discretion, stay 1/2 of the jail term to a period of probation with appropriate conditions, not exceeding one year.