§ 4-104 Definitions.
For the purposes of this chapter, the following terms shall have the meanings ascribed below:
“Abuse” shall mean intentionally or negligently inflicting physical, mental, financial, or other form of injury or harm upon a protected individual, which the individual has a preexisting relationship with, by means that include, but are not limited to:
1. Physical assault or battery;
2. Seclusion, isolation, or restraint;
3. Theft or coercion, including coercion to allow another individual to use the protected individual’s resources or assets;
4. Sexual abuse;
5. Neglect or malnutrition;
6. A pattern of verbal abuse and/or harassment;
“Adult” shall mean a tribal member who is eighteen (18) years or older;
“Attempt” shall mean conduct that constitutes a substantial step toward the commission of an offense;
“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 person, within a tribal member family, under eighteen (18) years of age;
“Complicit” shall mean assisting or aiding in the commission of abuse, where (1) the individual is aware that abuse is occurring or has occurred; and (2) the actions of the individual do not rise to the level of abuse;
“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;
“Good faith” shall mean sincere intention, honest belief or honest purpose, utilizing a reasonable prudent person standard;
“Local law enforcement agency” shall mean, as appropriate, the applicable county’s Sheriff’s Office or the Tribe’s Peace Officers as authorized by tribal law;
“Local protective services agency” shall mean the applicable county’s Child Protective Services Department, Adult Protective Services Department, or similarly situated other Protective Services Department;
“Mandated reporter” shall mean an individual that (1) maintains employment with the Tribal Court or with the following tribal departments: Health, Education, Housing, Member Services, and Social Services; and (2) knows or has reasonable suspicion that a protected individual suffered abuse, knows or has reasonable suspicion that a prospective protected individual suffered potential abuse, or that actions are being taken, or are going to be taken, that would reasonably be expected to result in abuse of a protected individual or the potential abuse of a prospective protected individual;
“Potential abuse” shall mean actions taken against a prospective protected individual that would constitute abuse if the prospective protected individual was a protected individual;
“Preexisting relationship” shall mean an established relationship, existing prior to the actions that may constitute abuse or attempt of abuse, where the individual taking the actions that may constitute abuse or attempt of abuse is:
1. Part of the protected individual’s family;
2. A resident in the same household as the protected individual;
3. An employer of the protected individual, with or without any formal employment agreement;
4. Engaged in a clearly established business or agency relationship with the protected individual;
5. The protected individual’s caregiver;
6. The protected individual’s religious or professional advisor;
7. The protected individual’s medical provider; or
8. Otherwise in a relationship of similar importance or authority;
“Prospective protected individual” shall mean an adult that (1) has not been adjudicated to be a vulnerable adult, and (2) the individual filing a written petition of abuse or failing to report the potential abuse has reason to believe may properly be adjudicated to be a vulnerable adult;
“Protected individual” shall mean an individual that is a child, vulnerable adult, elder, or both a vulnerable adult and elder;
“Sexual abuse” shall mean any sexual act committed against a child or vulnerable adult; and any illegal or wrongful sexual act committed against an elder in one (1) or more of the following circumstances:
1. Without their consent;
2. By use of force or threat of imminent death, serious bodily injury, extreme pain, or unlawful restraint;
3. By the use of drugs, intoxicants, or other similar means, without the elder’s knowledge and for the purpose of initiating or furthering the illegal or wrongful sexual act;
4. With knowledge that the elder suffers from a mental disease or defect which renders the elder incapable of appraising the nature of their conduct;
5. The elder is unconscious; or
6. With knowledge that the elder is unaware that a sexual act is being committed upon them or falsely believes that the other individual is their spouse;
“Tribal Council” shall mean the governing body of the Wilton Rancheria as defined in the Constitution of Wilton Rancheria;
“Tribal Court” shall mean the Tribal Court of Wilton Rancheria and, if necessary, the Wilton Rancheria Appellate Panel;
“Tribal employment” shall mean an employment relationship with the Tribal Government, the Tribal Court, or any of the Tribe’s enterprises, boards, commissions, and agencies;
“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;
“Tribe” shall mean the Wilton Rancheria, a federally recognized Indian tribe exercising jurisdiction over the Tribe’s territory as described in Article II of the Constitution;
“Vulnerable adult” shall mean a 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 check” shall mean an in-person visit to check on the welfare of a protected 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 the Wilton Rancheria Traditional Court, including appropriate cultural components and regular check-ins. (Res. 2023-59)