Section YAE.10.02 — Definitions

(a) "Abuse" means abuse as defined in Wis. Stat. § 48.02(1), Wis. Stat. §46.90(1), and Wis. Admin. Code § Ch. HFS 13.03(1).

(b) "Applicant" means a potential employee, volunteer, volunteer organization, or service contractor who is seeking a Tribal elder/youth license or an elder/youth licensee whose license is under review.

(c) "Category I" or "Category II" means the designation of crimes from the Crimes list.

(d) "CIB" means the Criminal Information Bureau administered through the Wisconsin Department of Justice.

(e) "Clear and convincing evidence" means more than 'more likely than not', but less than 'reasonable doubt.'

(f) "Compliance" means the Tribal Compliance Department.

(g) "Conviction" means an adjudication where the applicant has been convicted of a crime, or pleaded guilty or no contest to a crime in a court of competent jurisdiction.

(h) "Crimes list" means the list of statutory crimes contained in the table in Section YAE.10.12.

(i) "Degree of risk review" means the applicant has a conviction for a crime, the conviction is not a permanent bar crime from the crimes list, and the applicant's degree of risk to elders/youth is resolved through a Preliminary Determination and a Final Determination conducted by Human Resources.

(j) "Elder" means a person over fifty-five (55) years old, or a person eligible for elder tribal services.

(k) "Elders/Youth" means elders or youth.

(l) "Employment" as used in this Ordinance means the applicant, volunteer, or service contractor is performing work or services for the Tribe.

(m) "Finding" means the Tribal Social Worker, Indian Child Welfare Agency, county Social Services, or similar agency has determined by the preponderance of the evidence that neglect, abuse, or misappropriation of property has occurred against the applicant.

(n) "Human Resources" means the Human Resources Department of the Stockbridge-Munsee Community.

(o) "Indirect or irregular contact or control" means applicants who primarily perform clerical, administrative, maintenance or other support functions and are not expected to have regular contact or control with elders/youth or their personal property. Indirect or irregular contact or control also means occasional contact with elders/youth.

(p) "License" means a revocable permit issued by the Human Resources department to an applicant who successfully completes a criminal background check.

(q) "Neglect" means failure, refusal, or inability to provide necessary care, food, clothing, medical, dental care, or shelter to an individual, for reasons other than poverty, so as to seriously endanger the physical health of an individual.

(r) "Pending charge" means the applicant has been charged with a crime and there has been no adjudication.

(s) "Permanent bar crime" means a crime on the Crimes List that makes the applicant ineligible from obtaining an elder/youth license.

(t) "Position", as used in this Ordinance, means employment, volunteer or service contracts with the Tribe and whose duties have direct and regular contact with elders/youth.

(u) "Preponderance of the evidence" means 'more likely than not.'

(v) "Record" means the employment application, license application, investigation summary, preliminary and final determination documentation, and correspondence between the applicant and Human Resources, and other relevant information obtained in the licensing process.

(w) "Regular contact or control" means in the course of performing the applicant's expected duties, the person will have direct, frequent, or singular contact (unsupervised one-on-one contact) over one or more elders/youth, or their property. Applicants having any overnight duties shall be considered regular contact or control. Occasional contact with elders/youth shall not be considered regular contact or control.

(x) "Sexual Registry" means the Wisconsin Department of Corrections Sexual Offender Registry Information System, a similar state or federal registry.

(y) "Volunteer", as used in this Ordinance, means a person not employed by the Tribe, but performs functions or services for the Tribe. Volunteer also includes a person who accompanies elder/youth on any overnight activities, or a person not directly supervised by an Elder/Youth licensee.

(z) "Volunteer Organizations", as used in this Ordinance, means programs that are administered or funded by the Tribe, but does not include organizations that receive Tribal donations and are not administered by the Tribe.

(aa) "Youth" means a person under the age of eighteen (18) years old.