Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section YAE.11.16 — Services And Protective Placement.

(a) Services may be provided.

(1) Voluntary Services.

(A) Services may be provided on a voluntary basis by the DES, or other agency when requested by an abused, neglected or self-neglected, or exploited Elder and the Elder is found by the DES to be in need of such services.

(B) Voluntary services will cease if the Elder's consent to such services is withdrawn unless the Elder has been properly deemed incapacitated.

(C) Such services shall be provided for a period of not more than fourteen (14) calendar days at a time. At the end of each 14-day period, the DES shall reassess the Elder's needs before continuing to provide services and placement.

(D) Voluntary services will be provided consistent with the level of funding and resources.

(2) Involuntary Services or Protective Placement.

(A) Involuntarily services or protective placement shall be provided on an involuntary basis by the DES or other agency only as the Tribal Court determines they are necessary.

(B) Involuntary services or protective placement shall be provided to any Elder who is incapacitated and, then only, upon a Tribal Court order as required by this Code.

(C) Such services or placement may be provided in a manner least restrictive of the Elder's liberty and rights consistent with the Elder's welfare and needs consistent with Section YAE.11.18.

(D) The Court's determination of the degree of incapacity, if any, as well as whether Elder abuse, neglect, or exploitation has occurred is the standard the DES or other state agency shall use to develop individual plans for the delivery of Elder protection services.

(b) Services as determined necessary by the DES or other agency that are consistent with Section YAE.11.18 may be delivered to the Elder or Elder's family, caretaker, and/or guardian in order to protect the Elder.

(c) The Elder, and where appropriate, the Elder's family, caretaker, and or guardian shall be informed by the DES or other agency of their rights as allowed under this Code and other Tribal law. This includes the right to refuse voluntary services and placement and the right to have the Court determine the necessity of involuntary services and placement.

(d) The Elder and/or guardian if able to do so, shall pay for all or part of the costs of services or placement provided to the Elder unless there are other resources available.