Deferring Prosecution Requirements for Elder Abuse Cases

Wyandotte Nation Title 27, Section 403

Tribe: Wyandotte Nation

403. Deferring Criminal Prosecution.
Criminal prosecution of any person accused of elder abuse or neglect may be deferred or dismissed
consistent with Tribal law or procedure if:
(a) The crime is not of a serious nature involving intentional bodily injury or intentional
property damage;
(b) The accused person does not have a prior record of abuse, neglect or exploitation
relating to elders, adults, children, or otherwise; (c) The elder, the elder’s family and caregiver, and the accused, if not a family member or
caregiver agree to resolve conflicts either through counseling, tribal peacemakers program,
mediation, family restoration treatment or other tribally recognized dispute resolution process;
(d) All parties involved abide by a Wyandotte Nation Tribal Court ordered elder protection
plan; and,
(e) Possible future prosecution would not be hindered by foreseeable unavailability of
witnesses.

Read Full Text of Wyandotte Nation Title 27, Section 403