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

Section YAE.11.17 — Emergency Services Or Placement.

(a) Immediate Protection or Placement. If there is good cause to believe that an emergency exists where an Elder is at risk of immediate and irreparable physical harm based on personal observation and if the DES and/or appropriate State or County agency and a Law Enforcement Officer believe the Elder will be irreparably harmed during the time it takes to secure an emergency protection order, the DES and/or State or County agency and the law enforcement officer shall immediately protect the Elder. This includes, where necessary, transporting the Elder for medical treatment or to an appropriate facility. Immediately after the Elder is protected, a petition for an emergency protection order shall be filed and the procedures set out in this Section followed.

(b) The DES, through the Tribal Prosecutor, or other agency via its counsel shall petition and the Court shall issue an emergency protection order authorizing protective services or protective placement on an emergency basis upon the petition is supported by clear and convincing evidence that:

(1) The Elder is at risk of immediate physical harm, or,

(2) The Elder is incapacitated and cannot consent to protective services or the person possessing power of attorney for the Elder is unavailable, to give consent, and, .

(3) An emergency clearly exists.

(c) The emergency protection order shall:

(1) Set out the specific emergency services to be provided to the Elder to remove the conditions creating the emergency.

(2) Provide only those services which will remove the emergency.

(3) Allow protective placement only if the evidence shows that it is necessary.

(4) Designate the DES or other agency to implement the order.

(5) Be issued for a maximum of ten (10) calendar days.

(d) The Court may authorize forcible entry by law enforcement to enforce the emergency protection order after is has been shown that attempts to gain voluntary access to the Elder have failed.

(e) The petition for an emergency protection order shall contain the following.

(1) The name, address, location, and interest of the petitioner.

(2) The name, address, location, and condition of the Elder.

(3) The nature of the emergency.

(4) The nature of the Elder's incapacity.

(5) The proposed protective services, and where applicable, protective placement.

(6) The attempt(s), if any, to secure the Elder's consent to services.

(7) Any other facts the petitioner believes will assist the Court.

(f) The emergency protection petition and notice of hearing shall be served on the Elder, the Elder's family, caretaker, and/or guardian at least forty-eight (48) hours before a hearing on the petition is scheduled.

(g) The Court can set an emergency protection order aside upon a petition of any party showing good cause.

(h) Any person who acts in good faith pursuant to this section is immune from any civil or criminal suit based on the person's actions.