Tribe: Sac & Fox Tribe of the Mississippi in Iowa
Sec. 24-3108. Vulnerable adult order of protection; procedure; petition.
(a) This section protects and provides for an order of protection for a vulnerable adult when the relationship and/or elements required for an order of protection against domestic
violence are not available.
(b) Abuse, neglect, and/or exploitation of a vulnerable adult means any one or
combination of the following:
(1) When, under circumstances likely to produce death or serious physical
injury a person causes a vulnerable adult to suffer physical injury or, having the care or
custody of a vulnerable adult causes or permits the person or health of the vulnerable adult
to be injured or, causes or permits a vulnerable adult to be placed in a situation where the
person or health of the vulnerable adult is endangered;
(2) When, under circumstances other than those likely to produce death or
serious physical injury to a vulnerable adult, a person causes a vulnerable adult to suffer
physical injury or abuse or, having the care or custody of a vulnerable adult causes or
permits the person or health of the vulnerable adult to be injured or, causes or permits a
vulnerable adult to be placed in a situation where the person or health of the vulnerable
adult is endangered.
(3) When a person knowingly inflicts physical or mental pain or injury on a
vulnerable adult or threatens to do the same;
(4) When a person knowingly misuses the funds, property or resources of a
vulnerable adult;
(5) When a person is responsible for the care of a vulnerable adult and
knowingly fails to provide food, clothing, shelter, medical care or other services reasonably
necessary to sustain the life or health of a vulnerable adult, or otherwise neglects the
vulnerable adult.
(c) For the purposes of this sub-section the terms “endangered” and “abuse” include
but are not limited to circumstances in which a vulnerable adult is permitted to enter or remain in
any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is
possessed by any person for the purpose of manufacturing a dangerous drug. Violations
committed under the circumstances described in this subsection do not require that a person have
care or custody of the vulnerable adult.
(d) This section does not apply to:
(1) A health care provider who permits a patient to die or the patient’s
condition to deteriorate by not providing health care if that patient refuses that care
directly or indirectly through a legally recognized health care directive or through a court
appointed guardian who has legal authority to make such decisions.
(2) A vulnerable adult who is being furnished spiritual treatment through
prayer alone and who would not otherwise be considered to be abused, neglected or
endangered if medical treatment were being furnished. (e) For the purposes of this section, used in reference to a vulnerable adult, the
following terms mean:
(1) “Abuse” includes any of the causes of actions set forth in this Title 24 and
further includes any one or combination of:
(i) Intentional infliction of physical injury.
(ii) Injury caused by criminally negligent acts or omissions.
(iii) Unlawful imprisonment.
(iv) Sexual abuse or sexual assault.
(2) “Emotional abuse” means a pattern of ridiculing or demeaning a
vulnerable adult, making derogatory remarks to a vulnerable adult, verbally harassing a
vulnerable adult or threatening to inflict physical or emotional harm on a vulnerable
adult.
(3) “Physical injury” means the impairment of physical condition and includes
any skin bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration,
burns, fracture of any bone, subdural hematoma, soft tissue swelling, injury to any internal
organ or any physical condition that imperils health or welfare.
(4) “Serious physical injury” means physical injury that creates a reasonable
risk of death or that causes serious or permanent disfigurement, serious impairment of
health or loss or protracted impairment of the function of any bodily organ or limb.
(5) “Vulnerable adult” means an individual who is eighteen years of age or
older and who is unable to protect himself from abuse, neglect or exploitation by others
because of a mental or physical impairment and includes but is not limited to any adult over
whom any court has appointed a guardian or conservator and any adult being cared for,
whether voluntarily or involuntarily, in a mental health facility, hospital, nursing home,
extended care facility, or similar care facility.
(f) The court clerk shall offer the person written information about the Victim
Advocate services, however, the person is not required to accept the information.
(g) A person, as plaintiff, may file a verified petition as a civil action with the tribal
court requesting a vulnerable adult order of protection against abuse and/or exploitation for the
purpose of restraining another person from committing an act included in abuse and/or exploitation
of a vulnerable adult. A fee shall not be charged for filing a petition under this section. The
petition shall name the plaintiff. If a person is either temporarily or permanently unable to request
an order, a third party plaintiff may request an order of protection on behalf of the plaintiff with the
knowledge and consent of the plaintiff if the plaintiff is able to understand and consent. Consent
and knowledge of the plaintiff are not required if the plaintiff is physically or mentally impaired.
After the request is filed with the court, the judicial officer shall determine if the third party plaintiff should be permitted to file the request on behalf of the plaintiff.
(h) The petition shall state:
(1) The name of the plaintiff. The plaintiff’s address shall be disclosed to the
court in a document separate from the petition for purposes of future service on the plaintiff.
If the address of the plaintiff is unknown to the defendant, the plaintiff may request that the
plaintiff’s address be protected. The protected address shall be maintained by the court in a
separate document or automated database and is not subject to release or disclosure by the
court or any form of public access except by further order of the court.
(2) The name, home address, and employer and employer address of the
defendant, if known.
(3) A statement, including dates, location, name of persons involved, and
specific details of the alleged abuse and/or exploitation of a vulnerable adult.
(4) The name of any court in which any prior or pending proceeding or order
was sought or issued concerning the conduct that is sought to be restrained.
(5) The desired relief.
(i) A vulnerable adult order of protection shall not be granted:
(1) Unless the party who requests the order files a written verified
petition requesting a vulnerable adult order of protection.
(2) Against more than one defendant. If there are multiple defendants then the
plaintiff must file a separate petition for each defendant.
(j) At the time the petition is filed, the court shall review the petition, any other
pleadings on file, hear the testimony of the plaintiff or the court-approved plaintiff’s third party
plaintiff, and review evidence offered by the plaintiff as expeditiously as the court’s calendar
permits, to determine whether the relief requested should issue ex parte, without further hearing.
The court shall issue an order of protection ex parte and without notice to the defendant at the time
the plaintiff files the petition if the court determines that there is reasonable cause to believe any of
the following:
(1) The defendant may commit an act of abuse and/or exploitation of a
vulnerable adult.
(2) The defendant has committed an act of abuse and/or exploitation of
a vulnerable adult within the past year or within a longer period of time if the court finds
that good cause exists to consider a longer period. For the purposes of determining the
period of time, any time that the defendant has been incarcerated or out of this jurisdiction
shall not be counted.
(k) If the court denies the ex parte relief, it may schedule a further hearing within ten days, with reasonable notice to the defendant.
(l) If the court issues a vulnerable adult order of protection, the court may do any of
the following:
(1) Prohibit the defendant from committing a violation of one or more of the
offenses included in abuse and/or exploitation of a vulnerable adult.
(2) Restrain the defendant from contacting the plaintiff or other specifically
designated person and from coming to the residence, care facility, place of employment,
or school of the plaintiff or other specifically designated location or person on a showing
that there is reasonable cause to believe that harm and/or exploitation as set forth in this
section may otherwise result.
(3) If the court finds that the defendant is a credible threat to the physical
safety of the plaintiff or other specifically designated person, prohibit the defendant from
possessing or purchasing a firearm for the duration of the order. If the court prohibits the
defendant from possessing a firearm, the court shall also order the defendant to transfer
all firearms owned or possessed by the defendant immediately after service of the order to
the appropriate law enforcement agency for the duration of the order.
(4) Grant relief that is necessary for the protection of the alleged victim and
other specifically designated persons and that is proper under the circumstances.
(m) An ex parte order that is issued under this section shall state on its face that the
defendant is entitled to one hearing and the hearing is set as follows: (n) No filing fee may be charged to either party for requesting or being summoned to a
hearing. The court shall make a good faith effort to conduct the hearing within ten days from the
date of issuing an ex parte order. The court may, in its discretion and/or on a showing of good
cause, continue the hearing. If exclusive use of the home is awarded, the hearing shall be held
within five days from the date of issuing an ex parte order unless the court finds good cause to
continue the hearing. (o) After the hearing, the court may modify, quash or continue the order.
(p) When an order is issued, modified or continued in effect after notice and a hearing
at which the defendant had an opportunity to participate, the court may require the defendant to
complete a relevant treatment program that is provided by a facility deemed appropriate by the
court and/or participate in Wellness Court.
(q) The court may order that the defendant pay restitution to the plaintiff upon a written
request
from the plaintiff requesting restitution pursuant to this Title, Art. III, Ch. 2, Sec. 24-3202.
(r) A copy of the petition and the order shall be served on the defendant within one
year from the date the order is signed. An order of protection that is not served on the defendant
within one year expires.
(s) An order is effective on the defendant on service of a copy of the order and
petition. An order expires one year after service on the defendant. A modified order is effective
upon service and expires one year after service of the initial order and petition.
(t) On request of plaintiff, each protective order or injunction issued by the court
shall be served on the defendant by the Meskwaki Nation Police Department if the defendant can
be
served within the jurisdiction of the Meskwaki Nation Police Department. If the defendant cannot
be served within the jurisdiction of the Meskwaki Nation Police Department, the police agency or
sheriff office in the city or county jurisdiction in which the defendant can be served, shall serve the
protective order or injunction and the Meskwaki Nation Police Department shall assist in
identifying the appropriate law enforcement agency to serve the defendant and in transmitting the
order or injunction and the petition to that agency.
(u) Each affidavit, acceptance or return of service shall be promptly filed with the
clerk of the court. This filing shall be completed in person or by fax or by mail. If filed in person
or faxed, the filing shall be no later than the end of the seventh court business day after the date of
service. If mailed the filing shall be postmarked no later than the end of the seventh court business
day after the date of service. If the filing is made by fax the original affidavit, acceptance, or return
of service shall be promptly thereafter filed with the court.
(v) Within twenty-four hours after the affidavit, acceptance, or return of service has
been filed with the court, excluding weekends and holidays, the court shall forward to the
Meskwaki Nation Police Department a copy of the order of protection and a copy of the affidavit or
certificate of service of process or acceptance of service. Upon receiving these copies, the
Meskwaki Nation Police Department shall register the order with all appropriate law enforcement
agencies sufficient to cause the order to be maintained in a central repository for orders of
protection so that the existence and validity of each order can be easily verified by the Meskwaki
Nation Police Department and by other local and relevant law enforcement agencies. The
effectiveness of an order does not depend on its registration, and for enforcement purposes a copy
of an order of the court, whether or not registered, is presumed to be a valid existing order of the
court for a period of one year from the date of service of the order on the defendant.(w) The court shall not grant a mutual vulnerable adult order of protection but the
court is not prohibited from issuing cross orders of protection. If opposing parties separately file
verified petitions for an order of protection, the court may consolidate the petitions of the opposing
parties for hearing.