Tribe: Nisqually Indian Tribe
51.08.01 Agreed Voluntary Protective Services and Family Conference.
(a) Protective services may be provided by Nisqually APS on a voluntary basis when
requested or consented to by an elder who Nisqually APS determines to be in
need of services.
(b) An Agreed Voluntary Protection Plan incorporating such services shall be
developed as follows:
(1) Nisqually APS shall arrange a conference with the elder and
members of the elder’s family and/or caregiver as they are determined to
be necessary and appropriate parties.
(2) If an Agreed Voluntary Protection Plan is created, it shall be set
forth in writing, including any conditions or requirements to be performed,
within agreed time periods. The protection plan shall include services for
the elder or vulnerable adult’s family and care provider, as Nisqually APS
determines is necessary to protect the elder or vulnerable adult. The elder,
and as applicable, involved family members and the elder’s caregiver,
shall also sign the voluntary protection plan.
(3) If no agreement is reached, or the parties to a voluntary agreement
fail to comply with its terms, a petition for an elder protection order
hearing may be filed by the Tribe’s Attorney or the elder.
(4) If at any time Nisqually APS determines that the facts before it
during a family conference would be more appropriately handled by the
Tribal Court, it may refer the case to the Office of the Tribal Attorney for
an elder protection order.
(5) Proceedings of the family conference shall be confidential and
closed to the public. No information obtained at such a conference may be
admitted into evidence at a subsequent Court hearing unless all parties
agree; provided that the terms of an agreed upon protection plan are
admissible as evidence at any subsequent proceeding for an elder
protection order.