pilyayTymoo
Warm Springs, Oregon
Aprim,1997 5
ut needed; help write Tribal Elder Abuse
np
; Your coments are needed to
help finish writing the Tribal
Elder Abuse Code.
The Tribal Seniors Department,
Legislative Committee and
other concerned people have
Rbeen writing and re-writing a
proposed Elder Abuse Code. A
final version is being readied to
be presented to the Tribal
Council, however, Tribal
Member Input is needed before
the proposed Code goes to
Council.
Copies of the proposed Elder
Abuse Code and Tribal Member
comments forms are now
available at the Senior Building
and will be available at the
Information table during the May
2, 1997 Honor Seniors Day at
the Agency Longhouse.
Tribal Member comments will
be reviewed and discussed at
he Legislative team's 2 p.m.
meeting, May 9 at the Senior
Building. This meeting will be
open for anyone who would like
to make suggestions to
mproving the proposed Elder
Abuse Code.
THE CONFEDERATED
TRIBES OF WARM SPRINGS
TRIBAL ELDER AND ADULT
PROTECTION CODE
Chapter 308
Index
GENERAL
308.100 Title
308.105 Policy
308.1 10 Purpose
308.1 15 Nature of Code
308.120 Definitions
REPORTING ELDER ABUSE
308.200 Duty To Report Abuse, Ha
rassment, or Neglect of an Elder
308.205 Confidentiality of Elder
Abuse Reporting Party
PROTECTION
308.300 Protection Services and
Protection Placement for Elder
308.305 Elder Protection Order
ELDER ABUSE VIOLATIONS
308.400 Enforcement
DATE OF DRAFT: April 20, 1997
EDITOR'S NOTE:
The proposed Elder Abuse code
provides for civil restraining or pro
tective orders,' and 'does not create
new crimes because:
1) crimes already exist in the
Tribal Code that cover most elder
abuse situations,
2) relief from elder abuse will be
quicker with restraining or protec
tive orders than with charging an
"elder abuser" with a crime, although
Happy 1st Birthday
Theyliah Vernaya Tonika
love always,
Jeremiah V. Miller
Happy Birthday Cousin
Levi Blackwolf on 42397
Have a good birthday
love, Donte, Angie, Aaron
Happy 1 1th Birthday to our son
Johnnie J. LeClaire
Love you, Mom & Dad
(David & Annette LeClaire)
Happy 11th Birthday
to our brother,
Johnnie LeClaire
love your bro's & sister: Eric,
Liza, David Jr., Ellery, Snowball,
and Fluffy
We wish you many more!
Happy Belated "1st" Birthday
to Lil Miss Katrina Blackwolf
With lots of love from
Donte, Angie, Aaron
Happy "21st" Birthday to
Brandy Lynn Florendo 415
97
Wishing you a good & safe
21st Brandy
We love you lots, you & Ky
take care,
Love Donte, Angie, Aaron
Happy Birthday
Gloria "Mutsi" Q.
Love you lots,
Phyllis, Alex, David Sr.,
: Annette, Harvi, Raul, Eric,
Liza, Junior & Ellcry
Happy 24th Birthday
Angela R. Polk
Love you & wish you
many more to come!
Phyllis, Alex, David Sr.,
Annette, Harvi, Raul, Eric,
Johnnie, Liza, Junior-Burger,
and Ellcry
Happy 27th Anniversary
Phyllis & Alexander Tohet
Wc hope you have many more
years
to come!! Love you both lots,
Harvianne, Raul & Lupita
Ocampo,
! David, Annette, Eric, Johnnie,
Liza,
Junior, Ellery LeClaire
violations of restraining or protec
tive orders cun be enforced with jail
or fines for civil contempt,
3) the burden of proof is less
demanding with restraining or pro
tective orders than with crimes,
4) any person cun file for an
elder protection order, not just the
Prosecutor, and
5) the Tribal Court has jurisdic
tion over both Indians and non
Indians when restraining or protec
tive orders are used.
THE CONFEDERATED
TRIBES OF WARM SPRINGS
TRIBAL ELDER AND ADULT
PROTECTION CODE
Chapter 308
Section 308.100 TITLE
This code shall be known and
cited as the "Tribal Elder & Adult
Protection Code".
Section 308.105 POLICY
It is the policy of the Confeder
ated Tribes of the Warm Springs
Indian Reservation to continue the
traditional respect that the members
of the Tribes have for tribal elders.
Elders are valuable resources as they
arc our custodians of tribal history,
culture and tradition and they arc the
best hope of the Tribes to pass on
tribal history, culture, and tradition
to youth and adults of the Tribes.
Thus, it is in the interest of and serves
the welfare of the Tribes to protect
tribal ciders.
Section 308.110 PURPOSE
The purpose of this code is to
protect ciders within the jurisdiction
of the Reservation from abuse andor
neglect as defined in this code. The
code shall be liberally interpreted in
order to achieve its purpose.
Section 308.115 NATURE OF
CODE
A. This code provides for civil
remedies in the form of an Elder
Protection Order for elder abuse,
harassment or neglect situations.
B. The Tribal criminal code,
Chapter 305, shall be applied to all
instances where a crime has been
committed against an elder victim.
The Tribal exclusion code, Chapter
300, may be applied to situations
involving elder abuse, harassment or
neglect committed by a non-Tribal
Member.
C. The code may also be applied
to incapacitated adult members or
residents of Reservation should cir
cumstances warrant; as defined in
this code, any section or portion
thereof containing the word "elder"
may be liberally construed to include
and mean "incapacitated adult".
Section 308.120 DEFINITIONS
A. ABUSE is:
1. intentional or negligent inflic
tion of bodily injury, unreasonable
confinement, intimidation, cruel
punishment or treatment of an elder
resulting in physical harm or pain or
mental anguish of the elder by any
person, including, but not limited to
Happy Belated Birthday to
Ike Johnson 4197
wiht lots of love from,
Donte, Angie, Aaron
Happy 1st Birthday
April 23, 1997
Theyliah V.T. Henry
From Donte, Angie, Aaron
A very special long distance
birthday wish
going to Lyle, Washington for
Matthew Sconawah II on April
22, 1997
We love you lots nephew,
have a nice B-day
Donte, Angie, Aaron
A very special long distance
birdhay wish
April 22, 1997 for my Tilla
Matthew Sconaway II
With lots of loving from your Tilla
Kenny Blackwolf
To the editor,
Congratulation on a job well done.
Esther D. Lucio "Bird" has done a
wcl I done job i n school . It took some
time just talking her to go to school.
It was well worth the effort. She
studied hard, burned midnight oil,
words of encouragement from brother
and sisters, countless calls to Dad,
aunts and that's why wc are all proud
to say: Congratulations "Bird". She
came through with flying colors on
January 17th at Rex Putmcn High
School in Portland, Oregon. Gradua
tion for a good effort on her behalf a
diploma in hand, a plus for her ef
l i 1
k V:
anyone who has a special relation
ship with the elder such as a spouse,
a child, or other relative recognized
by tribal ordinance and custom, or a
care provider;
2. sexual abuse, which is any
physical contact with an elder in
tended for sexual gratification of the
person making such contact and
which is not consented to by the
elder or for which the consent was
obtained by intimidation or fraud;
3. emotional abuse, which is in
tentional infliction of threats, hu
miliation, or intimidation; or
4. exploitation which is the unau
thorized andor improper use of
funds, property, or other resources
of an elder, or the unauthorized and
or improper use of the person of the
elder by a care provider or by any
other person for personal gain; or
failure to use the elder's funds, prop
erty, or other resources to the elder's
benefit or according to the cider's
desires.
B. CARE PROVIDER is a person,
institution, or agency who is either
1) required by law or custom, 2) is
employed, or 3) volunteers to pro
vide care, services, or resources to
an elder.
C. ELDER is a senior citizen found
on the Reservation who is at least 60
years of age or is an incapacitated
adult over 18 years of age.
D. EMERGENCY is a situation in
which an elder is immediately at risk
of death or injury and is unable to
consent to services which would re
move the risk.
E. FAMILY is determined by tribal
law and custom or tradition.
F. GOOD FAITH is an honest be
lief or purpose and the lack of intent
to defraud.
G. HARASSMENT is gestures,
words or actions which tend to an
noy, alarm, or verbally abuse an el
der. Harassment includes, but is not
limited to, situations where a person
wilfully:
1 . insults, taunts or challenges an
elder in a manner likely to cause
tension or stress on the elder;
2. makes telephone calls without
a purposes of legitimate
communication;
3. makes repeated communica
tions anonymously or at extremely
inconvenient hours, or in offen
sively coarse language;
4. subjects an elder to an offen
sive touching;
5. subjects an elder to unwanted
or unwelcome sales, soliciting, or
begging; or
6. engages an elder to any other
course of alarming conduct serving
no legitimate purpose.
7. incurs hardship upon an elder.
H. INCAPACITY is the current in
ability or functional inability of re
sponsible decisions about himself
herself as a result of mental illness,
mental deficiency, physical illness
Pretty Girl
I love you
Uncle Paul
Theyliah,
I love you
Uncle Trevern
Birthday dedications for the month
of April
A very special Happy Belated
Birthday
4697 to my Tlla
"Kenny Blackwolf
With lots of love & kisses from
your Tilla
Donte Smtih
A very special belated Happy
Birthday
4697 to my Dad Kenny
Blackwolf
with lots of love & kisses from
your
daugter, Angeline & Aaron
We love you very much.
forts "Bird" was also one of two
women out of her class to receive a
4.0gradc average. She also embraces
a gold braided rope. Diploma is in
CorrectionsCrime Prevention from
Columbia College. Bird is employed
in a security officer position but she
plans on continuing her education in
the field of nursing.
Father: Frank C. Lucio; Mother:
the late Betty Lou Lucio; Grandfa
ther: Clifford Lucio; Aunt: Vickie
Lucio; BotherSistcrsnicccsncph
cws. From all her family members
f Aw
" 1 niiMWM tvl
or ubility, or chronic use of drugs or
liquor, and to understand the conse
quences of any such decision. Inca
pacity may vary in degree ond dura
lion and shall not be determined solely
on the basis of age. A person's in
capacity can be recognized by an
official determination or by the
Community.
I. NEGLECT is the failure of a care
provider to provide for the basic needs
of an elder by not supplying re
sources, services, or supervision
necessary to muintain an elder's
minimum physical and mental health
and includes the inability of an elder
to supply such basic needs for him
selfherself. Neglect olso is:
1 . interfering with the delivery of
necessary services and resources;
2. failing to report abuse or ne
glect of an cider by any person;
3. failing to provide services or
resources essential to the elder's
practice of hiscustoms, traditions, or
religion.
J. PROTECTIVE PLACEMENT
is placement of an elder in a hospital,
nursing home, residential care facil
ity, other accommodations, or trans
fer of the elder from one such institu
tion to another with the elder's con
sent or by court order.
K. PROTECTIVE SERVICES are
services provided to an elder with the
elder's consent or by court order and
include, but are not limited to: social
case work, psychiatric and health
evaluation, home care, legal assis
tance, social services, health care,
case management, conservatorship
guardianship and other services con
sistent with this code. It docs not
include protective placement.
L. RETALIATION is threatening
an elder, elder's care provider, or a
party reporting elder abuse, harass
ment, or neglect or the reporting
party's family in any way; causing
bodily harm to the reporting party or
the reporting party's family; causing
the reporting party or any of the re
porting party's family to be termi
nated, suspended from unemploy
ment or reprimanded by an employer,
or damaging the reporting party's or
the reporting party's family's real or
personal property in any way.
Section 308.200 DUTY TO
REPORT ABUSE,
HARASSMENT, OR NEGLECT
OF AN ELDER
A. All adults living or working on
the Reservation have a duty to report
suspected abuse or neglect of an el
der to the Tribal Police, Tribal Se
nior Department, Tribal Human Ser
vices, BIA, or IHS.
B. A person who in good faith
reports suspected abuse, harassment,
or neglect of an elder is immune from
any civil or criminal suit based on
that person's report.
C. Any person who is required by
this code to report suspected elder
abuse and fails to do so is subjected
Self Defense
class set
A Self Defense Class will be held
Saturday, May 31, 1997 from 9-5 at
the First Presbyterian Church located
230 NE 9th. Bring a sack lunch and
wear comfortable clothes. Cost is
$20. For more information, call CO
BRA at 382-9227.
Happy Belated "1st" Birthday
4497 to Tasheen Smith
with love from Donte, Angie,
Aaron
We hop you enjoyed your first big
1st b-day.
Happy 11th Birthday
Johnnie J. LeClaire
Love you lots,
Harvianne & Raul
We wish you many, many
more to come!
Member shares
poem
"My World"
I've learned it's easier to take one
day at a time
Never knowing if there's going to
be a tomorrow
Taking life's obstacles in stride
both good and bad
Smiling at times sometime feel
ing alone with sorrow
Some days are great with joy and
some are very sad
To see the ones I love united happy
with satisfaction
Smiling being at ease and free
with dad and mom's love
To guide, help, love, enjoy and to
see them lil reaction
Thanking God for watching over
them from up above
For without my family I'm noth
ing and empty inside
Taking life for granted is a mis
take now I know is wrong
We learn to appreciate them more
with love and pride
you never realize how lucky we
are until they are gone
For my best half in life is God,
wife, kids in every way
To love, cherish, their my strength
that keeps me going
This is my world, and what I need,
so what more can I say!
by Big Rat
Dedicated to my family who I
love
to a civil penalty of up to $500.00.
D. Any person who makes a re
port of suspected elder abuse not in
good faith and knowing it to be false
is subject to I ) a civil penalty of up to
$500.00 and or 2) a criminal charge
of Initialing a False Report, WSTC
305.454.
Section 308.205 CONFIDENT.
ALITY OF EWER ABUSE RE
PORTING PARTY
The name of the reporting party
who reports abuse, harassment or
neglect as required by this code is
confidential and shall not be released
to any person unless the reporting
party consents to the release or re
lease is ordered by the Tribal Court.
Section 308.300 PROTECTION
PLA CEMENT OR SER VICES
FOR ELDER OR
INCAPA CITA TED PERSONS
Upon order of the Tribal Court,
through an Elder Protection Order or
other Court Order, involuntary pro
tective services or protective place
ment may be provided to any elder
who is incapacitated or who is abused,
harassed, or neglected.
Section 308.305 ELDER
PROTECTION ORDER
1. The court shall issue an elder
protection order which provides ap
propriate protection for the elder if
the Tribal Court determines that an
elder is either I) incapacitated, 2)
abused, 3) harassed, 4) neglected, 5)
at risk of physical harm, or 6) at risk
of financial harm or duress.
Such protection may include, but
is not limited, to the following:
A. Restraining the person who
has abused, harassed, or neglected
an elder from continuing such acts or
contacting the elder;
B. Removing the elder from the
place where the abuse, harassment,
or neglect has taken oris taking place;
C. Requiring an elder's family,
conservatorgaurdian, care provider
or BIA Superintendent to account for
the elder's funds and property;
D. Requiring any person who
harmed an elder to pay restitution to
the elder for damages resulting from
that person's wrongdoing.
E. Ordering the careprovider,
elder's family or conservator
gaurdian to prepare a plan for and
deliver elder protection services
which provide the least restrictive
alternatives for services, care, treat
ment, placement or financial man
agement consistent with the elder's
needs.
2. Any person, including the el
der, may file a petition for an elder
protection order. The petition for an
elder protection order shall contain
the information, sworn before a No
tary Public, required by the Tribal
Court on its approved petition form,
including, but not limited to, the
name, age and address of the elder; a
brief description of the emergency,
abuse, harassment, or neglect that
Employee selected
The Warm Springs Composite
Products would like to take this time
to recognize our EMPLOYEE OF
THE MONTH. This award went out
to Warren Wallulatum. Warren has
been selected for the Employee of
the Month award by the following
criteria: Safety in the workplace,
Quality of work, Production quan
tity, Attendance, Personal initiative,
Attitude and Cooperation with fel
low employees, lead people, super
visors & management.
Lakota club offers
To the editor,
Greetings, to whom it may con
cern. We, the Lakota Oyate-Ki are
asking for public consciousness into
criminal prevention. Our focus is
towards Native Youth. We, the cap
tive of O.S.P. are subjects to realities
of criminal behavior and we would
seek to offer points of concern that
may in some way help or assist any
one of the youth to deter from the
same fate. This brings us to call con
sciousness to this plight. We are now
reaching out to the Native commu
nity asking for discern into this very
important issue of preservation of
natural resource "NATIVE
YOUTH".
The Lakota Oyate-Ki is now of
fered a youth speaking panel, and
this does not exclude non Native
participation, currently Native Youth
are a priority, as the need to reach the
Native community is at an all-time
Seeking Riverside
To the editor,
My name is John Hawzipa, I am a
member of the Kiowa Tribe from
Oklahoma where I attended high
school and graduated in 1966 from
Riverside Indian School located in
Anadarko, OK.
As Chairman for the High School
Reunion planning committee, I am
going to request your support for
pursuing some of our former Native
American high schoolmates that may
still live in the Northwest area. Per
haps someone knows their where
abouts. The committee is making all ef
forts to locate all Alumni to inform
them about an upcoming Student
Reunion to be held in Albuquerque,
New Mexico July 10-13, 1997.
Code
has occurred; and the identity and
location of the pcrson(s) perpetrat
ing the emergency, abuse, harass
ment, or neglect.
3. A. If a petition in the proper
form as set out in section 2 above is
filed with the Tribal Court, an elder
protection order may be issued ex
parte. The ex parte order shall also
set the date for a show cause hearing
and be served on all the parties by the
Tribal Police. The show cause
hearing shall be scheduled within 1 0
working days of the granting of the
cider protective order. At the show
cause hearing, the elder protection
order may be continued, or modified
upon a showing by a preponderance
of the evidence that the emergency,
abuse, harassment, or neglect has
occurred.
B. Upon proof of service that the
parties have been served with notice
of the show cause hearing, the Court
may 1 ) reschedule a hearing, 2) issue
a default order, or 3) dismiss the
elder protection order if one or both
of the particd fail to appear at the
hearing.
4. Any party may request modi
fication or termination of an elder
protection order. The Court may act
on such modification or termination
on its own, or may require a hearing
with the parties present.
5. An elder protection order shall
be issued for a period not to exceed
12 months, but may be extended as
many times as necessary to protect
the elder upon petition to the Court.
Section 308.400 ENFORCEMENT
A violation of an elder protection
order shall be enforced by the Con
tempt Powers of the Tribal Court as
set out in Chapter 200 of the Tribal
Code.
Editor's PostScript: The drafts of
the Tribal Elder & Adult Protection
Code are the result of the meetings
and activities of the Tribal Legisla
tive Committee and the Tribal Se
niors Department. The Legislative
Team is comprised of the BIA Su
perintendent, Tribal Judges, the Pub
lic Safety General Manager, Chief of
Police, Tribal Prosecutor and Tribal
Attorney. The first draft was dis
tributed at the 2nd Annual Elder
Abuse Conference November 14 &
15, 1996atKah-Nee-Ta for comment,
input and criticism so that a final
draft copy maybe presented to Tribal
Council December 1996 forproposed
adoption into the Tribal Code by
Resolution. The Editor would like to
thank Madeline Jim and Lovina
Col wash for their assistance with the
wordprocessing, and Olivia
Wallulatum, Lucille Schuster,
Pierson Mitchell, and Faye
Waheneka for their help with im
proving the subsequent drafts.
12-step meetings
set
The 12-StepBible StudyAA
Meeting will meet Monday and
Wednesday 6 to 7:30 p.m. at the
Wellness Center Demo kitchen con
ference room. All welcome.
Myrna Frank, Coodinator
youth panel
high, Alcohol & Drugs & Suicide.
These all being criminal activity,
should be confronted in a good man
ner. The Lakota Oyate-Ki offers what
we can to this struggle. We have a
quota of 30 minors and we offer
Nanitch Sahallie allotted scheduled
dates, but there is many dates that
cannot be coincided with their pro
gramming. All scheduled dates are
open to public participation. We are
trying to arrange the year's schedule
and we need the assistance of those
public groups or organizations that
may be willing to work with the
Lakota Oyate-Ki, contact us through
the telephones listed, for the future
we must be concerned.
Robert VanPclt, Sub-Chief
Indian Culture Club
2605 State Street
Salem, OR 97310
Message (503)378-2289
Fax (503)378-3897
Indian School Alumni
I will sincerely appreciate what
ever lime you devote helping to no
tify these former schoolmates, and
when our advertisement posters are
completed, I'll forward copies for
additional attraction.
This reunion welcomes all former
students and staff members that wish
to attend. If you're fortunate in noti
fying any former students, it is im
portant they contact a committee
member w ithin the very near future
to receive detailed information re
garding this event.
Writeorcall: John Hawzipta; 2640
Heritage Park Circle; San Jose, CA
95132-2211 telephone (408)259
73 1 7; Vergic Thompson (Harrison):
PO Box 587 1 ; San Diego, CA 92 165.