[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.
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.
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.
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.
Any of the following:
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.
Theft as defined by the Menominee Tribal Judiciary and Law and
Order Code adopting 25 CFR 11.42, Theft.[1]
Unauthorized use of an individual's personal identifying information
or documents.
Either an elder adult at risk or an adult at risk.
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 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.
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.
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.
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:
A.Â
The Menominee Indian Tribe hereby establishes the following penalties,
per count:
(5)Â
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.
B.Â
In addition to the penalties listed above, the Court shall order
restitution, if any, for damage(s) to the victim(s).
C.Â
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.
