Article V. Penalties and Remedies
§ 4-501 Remedies.
The Tribal Court shall have the authority to:
A. Issue a fine, up to ten thousand dollars ($10,000.00) for each violation in accordance with the fine schedule developed by the Tribal Council, for any individual found to have committed abuse or was complicit in abuse against a protected individual;
B. Issue a fine, up to ten thousand dollars ($10,000.00) for each violation in accordance with the fine schedule developed by the Tribal Council, for any mandated reporter who failed to report abuse against a protected individual or potential abuse against a prospective protected individual;
C. Appoint a guardian for the protected individual in accordance with the Tribe’s Guardianship Act;
D. Evict or temporarily remove the individual(s) committing abuse from the protected individual’s home;
E. Order any party having a fiduciary duty to the protected individual to account for the protected individual’s funds and/or real or personal property;
F. Order compensatory damages to be paid by the individual found to have committed abuse to the protected individual for injuries resulting from the wrongful act(s);
G. Order the individual found to have committed abuse to reimburse the Tribe for any reasonable expenses actually paid to care for the protected individual;
H. Order injunctive relief for any improper use of the protected individual’s resources;
I. Order an individual to complete community service within the community in which they are employed or reside;
J. Order reasonable restrictions on the access of an individual to tribal land, either in whole or part;
K. Order injunctive relief preventing the individual found to have committed abuse from attending events hosted by the Tribe;
L. Establish temporary or permanent restraining orders to protect the protected individual;
M. Declare that an individual has a loss of good standing status in the Tribe, as outlined in the Good Standing Act of 2023;
N. Order registry of an individual found to have committed sexual abuse on the Wilton Rancheria Serious Offense Registry or a similarly situated registry operated by the Tribe, if applicable;
O. Order the protected individual and/or the individual(s) committing abuse to coordinate with an interdisciplinary wellness team, consisting of the Department of Social Services, other Departments of the Tribe as applicable, and/or the Wilton Rancheria Traditional Court, for the creation of a wellness plan, and order compliance with the wellness plan;
P. Order other remedies and penalties that the Tribal Court deems just and necessary as supported by written findings, in compliance with applicable law. (Res. 2023-59)