Tribe: Little River Band of Ottawa Indians
10.01. Elder Protection Order. If the Tribal Court determines that an Elder has been, and is likely to again be abused or neglected, the Tribal Court shall issue an Elder protection order which provides appropriate protection for the Elder. Such protection may include, but is not limited, to the following: a. Removing the Elder from the place where the abuse or neglect has taken or is taking place; b. Removing the person who has abused or neglected an Elder from the Eider’s home;c. Restraining the person who has abused or neglected an Elder from continuing such acts;
d. Requiring an Eider’s family or caretaker or any other person with a fiduciary duty to the Elder to account for the Eider’s funds and property;
e. Requiring any person who has abused or neglected an Elder to pay restitution to the Elder for damages resulting from that person’s wrongdoing;
f. Appointing a representative or guardian ad litem for the Elder;
g. Recommending that a representative payee be named;
h. Ordering the Family Services Department to prepare a plan for and deliver Elder protection services which provide the least restrictive alternatives for services, care, treatment, or placement consistent with the Eider’s needs. […] 10.03. Hearing. A hearing on a petition authorized or required by this code shall be conducted with the purpose of protecting the Elder only where necessary and only to the extent shown by the facts and using the least restrictive alternatives. All rights as set out specifically in this code and in the Indian Civil Rights Act shall be enforced strictly during proceedings. No hearing shall be held unless notice has been given to the Elder and other interested parties, including the Eider’s family and caretaker. The Elder and all other interested parties shall have the right and opportunity to be heard fully and to present evidence. The Tribal Court shall issue a written statement of its findings in support of any order allowed by this code.