Skip to main content
Loading…
This section is included in your selections.

For the purposes of this chapter, the following terms shall have the meanings ascribed below:

“Adult” shall mean a person who is eighteen (18) years of age or older;

“Applicable local agency” shall mean, as appropriate, the Tribe’s Peace Officers, as authorized by law, the applicable county’s Sheriff’s Office, Child Protective Services Department, Adult Protective Services Department, and/or similarly situated other Police or Protective Services Department;

“Caretaker” shall mean a person who, either voluntarily or by law, exercises custody and control over or provides care, services or resources to a protected individual;

“Child” shall mean a tribal member or member of a tribal member family who is under eighteen (18) years of age;

“Department of Social Services” shall mean the Department of Social Services as described in the Department of Social Services Act of 2023; if no such department or act is in existence, then it shall be the appropriate department of the Tribe, as established by tribal policy or resolved by the Chairperson or the Chief Administrative Officer if appropriately delegated by the Chairperson, and may include, but is not limited to, the Department of Administration, Department of Health, Department of Indian Child Welfare, Department of Housing, Department of Education, and Department of Cultural Preservation.

“Elder” shall mean a tribal member who is sixty-two (62) years of age or older;

“Emergency situation” shall mean a serious, unexpected, and dangerous situation requiring immediate action;

“Guardian” shall mean an individual who is appointed by the Tribal Court, pursuant to this chapter, to exercise custody and control over a protected individual and provide the necessary care, services or resources, subject to the limitations provided by the Tribal Court upon appointment;

“Guardianship case” shall mean a case before the Tribal Court involving a potential appointment of a guardian pursuant to this chapter;

“Guardianship petition” shall mean a petition filed with the Tribal Court requesting the appointment, modification or termination of a guardian for a protected individual;

“Initial hearing” shall mean the first hearing in a guardianship case, as described in Section 3-204(C);

“Interested parties” shall mean the applicable protected individual’s parent(s), caretaker(s), current guardian(s), spouse or partner, and/or adult children;

“Per capita distributions” shall mean those payments made to eligible tribal members, which are paid directly from the net distributable cash, as defined by the Revenue Allocation Plan Act of 2021;

“Protected individual” shall mean an individual that is a child, vulnerable adult, elder, or both a vulnerable adult and elder;

“Tribal Council” shall mean the governing body of Wilton Rancheria as defined in the Constitution;

“Tribal Court” shall mean the Tribal Court of Wilton Rancheria and, if necessary, the Wilton Rancheria Appellate Panel;

“Tribal member” shall mean an enrolled member of the Tribe as defined in Article III, Section 1 of the Constitution;

“Tribal member family” shall mean a family that has at least one (1) enrolled member of the Tribe living in the home or household;

“Vulnerable adult” shall mean an adult tribal member who has been adjudicated to be incompetent or under a legal disability by any tribal, state or federal court, with legal authority to do so, because they have a physical or mental condition that restricts their ability to carry out normal activities and/or requires them to have a guardian, conservator, or similarly situated individual;

“Wellness plan” shall mean a plan for services or referrals provided by the Tribe, created in coordination with the Department of Social Services and/or the Wilton Rancheria Traditional Court, including appropriate cultural components and regular check-ins. (Res. 2023-60)