Chapter 7.28 VULNERABLE TRIBAL ADULT PROTECTION CODE

The Puyallup Tribe holds its elders in high esteem for their efforts and endurance in holding our Tribal government and community intact, and for protecting and preserving the history, culture, traditions, and resources of the Tribe. This Code is intended to promote the health, safety, and welfare of the Puyallup Tribal community by identifying and protecting our elders and other vulnerable Tribal adults within the jurisdiction of the Puyallup Tribe who are subject to abuse, neglect, abandonment, and exploitation.

This Code establishes requirements and procedures for reporting and investigating abuse, neglect, and exploitation of these vulnerable Tribal adults. This Code establishes procedures for securing court ordered protective services for vulnerable Tribal adults when necessary. In order to assist vulnerable Tribal adults, this Code provides for the Puyallup Tribe to request protective stix̌alikʷs, and for other interested persons to petition the Court to make a determination of competency so that a dxʷtix̌alikʷ may be appointed if appropriate, so long as the interested persons have no allegations against them of abuse or neglect of the vulnerable Tribal adults. [Res. 220915B (09/22/15)]

7.28.030 Nature and construction.

(a) This Code provides for civil remedies in the form of vulnerable Tribal adult protection orders to address abuse, neglect, and exploitation as defined in this Code. The Code must be liberally interpreted in order to achieve its defined purposes.

(b) Nothing in this Code will preclude a criminal prosecution in addition to a civil penalty, or affect applicable provisions of PTC Title 5, Crimes and Offenses, if a crime has also been committed.

(c) Any section or portion of this Code containing the word “elder” must be construed to include and mean a “vulnerable Tribal adult.”

(d) This Code does not apply to actions to withhold or withdraw life-sustaining treatment in accordance with a person’s health care directive that is executed in compliance with applicable law.

(e) The standard of proof for all protection orders is “by a preponderance of the evidence,” the standard of proof for all stix̌alikʷ proceedings is “by clear and convincing evidence.” [Res. 220915B (09/22/15)]

7.28.040 Jurisdiction.

The Puyallup Tribal Court (“the Court”) is vested with jurisdiction to enforce this Code in order to provide for involuntary protective services or protective placements by court order for Puyallup Tribal members, persons eligible for membership, and other members of federally recognized tribes who reside in the Puyallup Tribal community, to make determinations of competence and provide for voluntary or involuntary limited and full stix̌alikʷs. The Court shall recognize all protective orders filed in any other court of competent jurisdiction that pertain to Tribal members or other persons within the jurisdiction of the Tribe in order to protect the health, safety, and welfare of vulnerable Tribal adults. As an initial matter in all cases brought before the Court, the Court shall:

(a) Make a determination of Puyallup Tribal membership, or membership in another federally recognized tribe, or eligibility for membership in consultation with the Enrollment Director.

(b) Determine whether there has been a dxʷtix̌alikʷ or conservator previously appointed by a court of competent jurisdiction. However, completing such determination shall not prevent the Court from acting under PTC 7.28.150 to provide an emergency protection order.

(c) In the event that a dxʷtix̌alikʷ or conservator has previously been appointed for a vulnerable Tribal adult in another court of competent jurisdiction, the Court shall, upon a request of a person required to have notice of a stix̌alikʷ hearing concerning vulnerable Tribal adults under PTC 7.28.220(f), confirm the Court’s concurrent jurisdiction. The Court shall provide notice to any such court that transfer of jurisdiction would be accepted:

(1) If provisionally ordered upon the Court’s own motion; or

(2) Pursuant to a petition for transfer by the vulnerable Tribal adult, the dxʷtix̌alikʷ or conservator, or another interested person wishing to assume the stix̌alikʷ or conservatorship. [Res. 220915B (09/22/15)]

7.28.050 Procedures for transfer of jurisdiction to the Puyallup Tribal Court.

(a) To confirm transfer of a stix̌alikʷ or conservatorship of a vulnerable Tribal adult provisionally transferred to the Puyallup Tribal Court from another state or tribal court, the party who petitioned for and obtained the provisional order of transfer shall petition the Court to accept the stix̌alikʷ or conservatorship. The petition must include a certified copy of the other court’s provisional order of transfer.

(b) Notice of a petition under subsection (a) of this section must be given to those persons that would be entitled to notice if the petition were for the appointment of a dxʷtix̌alikʷ or issuance of a protective order under PTC 7.28.160.

(c) The Court shall hold a hearing on a petition filed pursuant to subsection (a) of this section if requested by the dxʷtix̌alikʷ or conservator, the vulnerable Tribal adult, or any other person required to be notified of the proceeding.

(d) The Court shall issue an order provisionally granting a petition filed under subsection (a) of this section unless an objection is made and the objecting person or party establishes that transfer of the proceeding would be contrary to the interests of the vulnerable Tribal adult.

(e) The Court shall issue a final order accepting jurisdiction and shall appoint a dxʷtix̌alikʷ or conservator upon receipt of the other court’s final order transferring the proceeding to the Court.

(f) In granting a petition under this section, the Court shall recognize a stix̌alikʷ or conservatorship order from the other court, the Court shall grant full faith and credit to the other court’s determination of incapacity of the protected person and the appointment of the dxʷtix̌alikʷ or conservator.

(g) Not later than 30 days after issuance of the final order accepting transfer of a stix̌alikʷ or conservatorship, the Court shall determine whether the stix̌alikʷ or conservatorship needs to be modified to conform to the laws of the Puyallup Tribe. [Res. 220915B (09/22/15)]

7.28.060 Procedures for transfer of jurisdiction from the Puyallup Tribal Court.

(a) A dxʷtix̌alikʷ of the person or estate of a vulnerable Tribal adult may petition the Court to transfer the stix̌alikʷ to another tribal or state court.

(b) Notice of a petition under subsection (a) of this section must be given to the persons that would be entitled to notice of a petition in this Court for the appointment of a dxʷtix̌alikʷ of the person or estate.

(c) On the Court’s motion sua sponte or on request of the dxʷtix̌alikʷ or conservator, the vulnerable Tribal adult, or other person entitled to notice, the Court shall hold a hearing on the petition filed pursuant to subsection (a) of this section.

(d) The Court shall issue an order provisionally granting a petition for the transfer of a stix̌alikʷ and shall direct the dxʷtix̌alikʷ of the person or estate to petition for stix̌alikʷ in the other court if the Court is satisfied that the stix̌alikʷ will be accepted by that court, and the Court also finds that:

(1) The vulnerable Tribal adult is physically present in the other state or tribal jurisdiction or is reasonably expected to move permanently to the other state or tribal jurisdiction;

(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that transfer of the proceeding would be contrary to the interests of the vulnerable Tribal adult;

(3) Plans for care and services for the vulnerable Tribal adult are reasonable and sufficient, and also include means and assurances to provide a continued relationship with the vulnerable Tribal adult’s extended family, traditional cultural institutions, and the Puyallup Tribal community; and

(4) Adequate arrangements consistent with Puyallup law and policies, including mandatory use of the Representative Payment Program for Tribal benefits and assets, will be made for management of the protected person’s real and heritage personal property.

(e) The Court shall issue a final order confirming the transfer and termination of the stix̌alikʷ of the person or estate of the vulnerable Tribal adult upon its receipt of:

(1) A provisional order accepting jurisdiction; and

(2) Documentation including an inventory and accounting of resources and property at the time of the transfer such as required under PTC 7.28.250(a) and (b). [Res. 220915B (09/22/15)]

7.28.070 Definitions.

Terms not otherwise specifically defined in this Code are defined in PTC Title 5, Crimes and Offenses. For purposes of this Code, the following definitions apply:

(a) “Abuse” means:

(1) Intentional or negligent infliction of bodily injury; unreasonable confinement, including by chemical or physical restraints; isolation; ridicule, coercion, harassment or stalking, including unwanted electronic contact, intimidation; verbal abuse; emotional abuse; or punishment of a vulnerable Tribal adult that results in physical harm, pain, or mental anguish. If a vulnerable Tribal adult is unable to express the physical harm, physical pain, or mental anguish, the abuse will be presumed if it would cause any such pain or anguish in a person of like age or condition; or

(2) Sexual abuse, including nonconsensual contact with a vulnerable Tribal adult for the purpose of obtaining sexual gratification; consent is not voluntary if it is obtained by threat, coercion, intimidation, fraud, or if the vulnerable Tribal adult is not competent or does not have the capacity to consent.

(b) “Adult Protective Service worker” means any of the following: Adult Protective Services worker, Adult Protective Services investigator, Tribal Law Enforcement personnel, or any person who performs the duties and responsibilities set forth in PTC 7.28.110.

(c) “Adult Protection Committee” means representatives of Tribal Law Enforcement, Housing, Puyallup Tribal Health Authority (“PTHA”), or any other appointed persons who are responsible for hearing and making recommendations on “APS” cases brought before them for the purposes of protecting vulnerable Tribal adults.

(d) “Care provider” means an adult person, or an institution or agency, required by law, contract, or Tribal custom to provide services or resources or both to a vulnerable Tribal adult; or an adult person who volunteers to provide any such services; or a person or agency who has undertaken authority to act for a vulnerable Tribal adult under a stix̌alikʷ, representative payee, valid power of attorney or similar fiduciary type relationship.

(e) “Conservator” means a dxʷtix̌alikʷ or protector or both appointed by the Tribal Court or another court of competent jurisdiction to protect and manage the financial affairs or daily affairs or both of the vulnerable Tribal adult due to physical or mental limitations, or old age.

(f) “Dxʷtix̌alikʷ” or “stix̌alikʷ” means a person or agency appointed by the Court to exercise rights to provide for the basic needs of a vulnerable Tribal adult, including conservatorship of property; a “limited dxʷtix̌alikʷ” may be appointed to exercise rights and provide for basic needs of the vulnerable Tribal adult to the extent that the vulnerable Tribal adult is incapacitated from performing those functions without the assistance of a dxʷtix̌alikʷ. “Stix̌alikʷ” refers to the appointment of the dxʷtix̌alikʷ. Definitions, phonetic spelling, and pronunciation of both dxʷtix̌alikʷ and stix̌alikʷ are contained in Appendix B at the end of this chapter.

(g) “Elder” for purposes of jurisdiction in the Puyallup Tribal Court under this Code means an enrolled member of the Puyallup Tribe who has reached the age of 45. For provision of available services, an elder may also be a member of the Puyallup Tribal community as designated by the Elders Committee and approved by the Tribal Council.

(h) “Emergency” means a situation where a vulnerable Tribal adult is at risk of immediate death or immediate injury (including substantial financial loss through exploitation or unfair dealing) and is unable to consent to services which would remove the risk because of physical or mental impairment.

(i) “Exploitation” means the use of a vulnerable Tribal adult’s funds, property, credit, utilities, services, or other resources by another person for profit or advantage, through improper or unauthorized means including coercion, force, deception, extortion, fraud, forgery, undue influence, violation of a fiduciary duty, or theft. Exploitation includes use of a vulnerable Tribal adult’s home or resources to engage in illegal activities.

(j) “Family member” means an immediate family member including: children, parents, siblings, grandparents or grandchildren, vulnerable Tribal adults, as well as extended family members with significant contact with a vulnerable Tribal adult or responsibilities to care for a vulnerable Tribal adult.

(k) “Heritage personal property” includes traditional cultural work created by the vulnerable Tribal adult or an ancestor, handed down into the possession and care of the vulnerable Tribal adult, including beadwork, basketry, carvings, tools, or other material items of a cultural nature.

(l) “Incapacity” means the functional inability of a person to sufficiently understand, make, and communicate responsible decisions about him or herself, and to understand the consequences of any such decision, as a result of mental illness, mental deficiency, physical illness or disability, or chronic use of drugs or alcohol. Incapacity may vary in degree and duration and must not be determined solely on the basis of age.

(m) “Puyallup Adult Protective Services” or “Puyallup APS” means the Puyallup Tribe’s Vulnerable Tribal Adult Protective Services, or another tribal or state agency as may be authorized by the Tribe to act under PTC 7.28.110 to carry out investigations and provide reports to the Court regarding alleged abuse to assist elders and other vulnerable Tribal adults, and their families, by convening an Adult Protection Committee; to provide protective services and protective plans; and to assure that responsibilities of Adult Protective Services under this Code are carried out by qualified professional staff or contractors, or as a last resort, by cooperative contracts or agreements.

(n) “Puyallup Tribal community member” means a person residing on or within the service area of the Puyallup Tribe who satisfies any “close contacts” requirement of the Puyallup Tribe or its agencies, or has been identified as a member of the Puyallup Tribal community.

(o) “Puyallup Tribal member” or “member” means an enrolled member of the Puyallup Tribe.

(p) “Neglect,” including “self-neglect,” means any action or inaction by a caregiver, or failure to act by the vulnerable Tribal adult, which leaves the vulnerable Tribal adult without the means or ability to obtain food, clothing, shelter, health care, or to maintain minimum physical and mental health. Neglect may also include a caregiver or required reporter failing to report abuse or neglect of a vulnerable Tribal adult, interference with delivery of necessary services and resources, including reasonable accommodation for the vulnerable Tribal adult’s practice of religion, traditions, and custom. “Self-neglect” does not include the conscious and voluntary lifestyle decisions made as a matter of personal choice of a mentally competent vulnerable Tribal adult to live in circumstances that may threaten his or her own health or safety.

(q) “Protective placement” means placement or transfer of a vulnerable Tribal adult in a hospital, nursing home, residential care facility, family member’s home or community member’s home, designated Tribal housing, or other suitable placement with the vulnerable Tribal adult’s consent or with placement by the appropriate legal authority.

(r) “Representative payee” means the Puyallup Tribes’ Representative Payment Program (“RPP”) or representative payee as described and governed by Chapter 1.12 PTC, or person or agency appointed by the Court to secure the vulnerable Tribal adult’s funds, property, services or other resources, or to receive payments of funds and to expend funds so that the vulnerable Tribal adult’s needs for food, clothing, shelter, health care, and a safe environment are met.

(s) “Stix̌alikʷ” means the appointment of a dxʷtix̌alikʷ. Please see definition for “dxʷtix̌alikʷ.”

(t) “Vulnerable Adult Presenting Officer” means a person who appears before the Puyallup Tribal Court on behalf of Adult Protection Services by filing petitions; representing the program in all proceedings; and performing all other duties as assigned by the Court.

(u) “Vulnerable Tribal adult” means a person who has reached 18 years of age, is an enrolled member of the Puyallup Tribe, and who does not have the functional, mental, emotional, or physical ability to protect him or herself from abuse or neglect. For provision of available services, this may also include any person who does not have the functional mental, emotional, or physical ability to protect him or herself from abuse or neglect and who has been determined to be a member of the Puyallup Tribal community. [Res. 130423 (04/13/23); Res. 220915B (09/22/15)]

7.28.080 Severability.

If any part(s) or the application or both of any part of this Code is held invalid, any such holding will not affect the validity or the remaining parts of this chapter. [Res. 220915B (09/22/15)]

7.28.090 Repealing prior inconsistent enactments.

Any prior enactment by the Puyallup Tribal Council which is found to be inconsistent with this Code is hereby repealed. [Res. 020915 (09/02/15); Res. 220915B (09/22/15)]

7.28.100 Sovereign immunity.

Nothing in this Code constitutes a waiver or impairs the sovereign immunity of the Puyallup Tribe, or any of its subordinate boards or bodies. [Res. 220915B (09/22/15)]

Subchapter 2. Procedures

7.28.110 Responsibilities of the Puyallup Tribe’s Adult Protective Services.

(a) Upon completion of an investigation, Puyallup Adult Protective Services shall determine whether a vulnerable Tribal adult is in imminent danger of harm and whether an emergency situation exists; whether the vulnerable Tribal adult should be immediately removed from the current situation by emergency order and if so, identify appropriate shelter placement; Puyallup APS shall also determine whether further legal action should be initiated by the Puyallup Tribe to assure protection of a vulnerable Tribal adult. If a legal action is not warranted, APS shall determine whether voluntary family counseling and provision of services may address the problems that led to the report, or whether the report was unwarranted.

(b) Puyallup APS shall identify available resources and services in order to draft voluntary and involuntary protection plans in cooperation with relevant Tribal programs and other agencies, and is authorized to convene adult protection teams where appropriate to accomplish this purpose. Protective services are provided to a vulnerable Tribal adult with their consent or by the appropriate legal authority. Protective services include social case work, psychiatric evaluations and health evaluations, home care, day care, housing assistance, social services, health care, case management, stix̌alikʷ, and other services consistent with this Code.

(c) Puyallup APS shall address the potential for abuse, neglect, and exploitation in the Tribal community proactively through the assistance of family members and use of available services, including voluntary plans, voluntary protective services, and stix̌alikʷs. Puyallup APS may convene family group meetings to accomplish this purpose. Group meetings which may result in an agreed upon voluntary protective plan to be presented to the Court under PTC 7.28.170 will be facilitated by Puyallup APS.

(d) Puyallup APS may seek recommendations from the Puyallup Elders Advisory Committee regarding plans or proposals to promote the long-term well-being of vulnerable Tribal adults and their families in the Puyallup Tribal community.

(e) Puyallup APS shall provide for annual training sessions regarding vulnerable Tribal adult abuse reporting, available assistance, and available resources, on or near the Puyallup Reservation, free of charge, for the benefit of all mandated reporters, vulnerable Tribal adults, family members with responsibilities, and other interested persons.

(f) Puyallup APS may seek grants and funds through cooperative agreements with federal, state, tribal, and local governments in coordination with the PTHA, the Tribal Court, and the Puyallup Elders Services Program.

(g) In the event that a vulnerable Tribal adult is not eligible for Tribal services, Puyallup APS shall refer the person reporting or the vulnerable Tribal adult or both to Washington State Adult Protective Services.

(h) Puyallup APS shall maintain confidentiality as to all matters involving vulnerable Tribal adults, except as necessary to carry out its functions under this Code. [Res. 020915 (09/02/15); Res. 220915B (09/22/15)]

7.28.120 Duties of a Vulnerable Adult Presenting Officer.

(a) Appointment. The Tribal Council shall appoint a Vulnerable Adult Presenting Officer to carry out the duties and responsibilities set forth in this Code. The Chief Judge of the Tribal Court shall certify annually to the Tribal Council the number of qualified Vulnerable Adult Presenting Officers needed to carry out the purpose of this Code. The person(s) carrying out the duties and responsibilities set forth in this section may be labeled “Vulnerable Adult Presenter” or “Vulnerable Adult Presenting Officer” or “Vulnerable Adult Petitioner” or any other title which the Tribal Court finds appropriate so long as they perform the duties and responsibilities set forth in this section.

(b) Qualifications. The qualifications of the Vulnerable Adult Presenting Officer(s) shall be the same as the qualifications for the official who acts as prosecutor for the Tribal Court.

(1) Filing petitions with the Tribal Court as provided in this Code;

(2) Representing the Tribe in all Tribal Court proceedings under this Code; and

(3) Performing such other duties as the Tribal Court may order. [Res. 130423 (04/13/23)]

7.28.125 Duty to report abuse or neglect of a vulnerable Tribal adult.

Any person may report suspected abuse or neglect of any vulnerable Tribal adult who resides on the Puyallup Indian Reservation, or is a member of the Puyallup Indian community, to the designee of the Puyallup Tribal Elders Department, the Director of the Puyallup Adult Protective Services or the Puyallup Tribe’s Chief of Police.

(a) Mandated Reporters. The following persons must immediately report suspected abuse or neglect:

(1) A licensed or paid adult care provider for the vulnerable Tribal adult;

(2) An elected official of the Tribe;

(3) Any health care provider, including a pharmacist, who is providing services for the vulnerable Tribal adult on the Puyallup Reservation;

(4) Puyallup Tribal Law Enforcement officers, social workers, counselors, and school personnel; and

(5) Any person or agency, including its employees with fiduciary duties to vulnerable Tribal adults, who are employed, licensed, or contracted by the Tribe to provide such services to Tribal members or do business on the Puyallup Reservation.

(b) Persons Receiving Reports. The Puyallup Elders Services Program, the Puyallup Adult Protective Services or the Puyallup Tribal Police Department are appropriate agencies to take reports of suspected vulnerable Tribal adult abuse or neglect.

(c) Content of Report. A report must include the identification of the vulnerable Tribal adult, Tribal status if known, location or last known whereabouts of the vulnerable Tribal adult, the nature of the suspected abuse or neglect and the date, time, and location of the events; names and identification if available of those suspected of abuse or neglect or both; the name and contact information for the person making the report; and any other helpful information. A copy of the report form is included in Appendix A at the end of this chapter.

(d) Civil Infraction for Failure to Report for Mandated Reporters. Any person who is a mandated reporter and fails to report abuse or suspected abuse or neglect of a vulnerable Tribal adult will be subject to a civil penalty of up to $5,000, and may be subject to other appropriate discipline if the mandated reporter is a contractor or employee of the Tribe. Puyallup APS shall report concerns to the appropriate licensing agency of the director of a Tribal program that a person regulated by that agency or supervised by the director has failed to comply with mandatory reporting requirements. The Court shall assess the civil penalty after petition by the Tribal Prosecutor, notice and opportunity for a hearing has been given, a determination that the person had a mandated duty to report, and good reason to suspect, abuse or neglect and failed to report as required by this Code.

(e) Confidentiality and Immunity of Reporting Party. A person acting in good faith will be immune from any claim or cause of action stemming from or arising out of making a report under this section. The identity of the reporter of abuse or neglect under this Code is confidential and will not be released unless the reporter consents or the Court mandates disclosure by determining that the needs of the vulnerable Tribal adult exceed the reporter’s right to privacy. The reporter has the opportunity to petition and be heard at a closed evidentiary hearing with regard to any such disclosure, disclosure will be limited to the extent necessary to protect the vulnerable Tribal adult.

(f) Penalties for Bad Faith Reporting, Retaliation, or Intentionally Interfering with an Investigation.

(1) A person who makes a report of alleged abuse or neglect knowing it to be false has committed a civil infraction. A person has committed a civil infraction for retaliation by intimidating, threatening to cause or causing bodily, emotional, property, or financial harm against a person who reports or investigates abuse or neglect;

(2) It is a civil infraction to interfere intentionally with a lawful investigation of suspected abuse or neglect of a vulnerable Tribal adult;

(3) The Court may issue a civil infraction after a petition is filed by the Tribal Prosecutor, notice and opportunity for hearing has been given, and a determination that the person made a report in bad faith, or a determination that interference or retaliation as set out in this section has occurred. If any such determination has been made, the Court shall assess the appropriate civil penalty of a fine up to $5,000. Notice of any such determination will also be provided when applicable to the person’s Tribal employer and appropriate licensing agencies for discipline; and

(4) This Code does not change or affect penalties that may be imposed upon mandatory reporters pursuant to other applicable law of licensing requirements. [Res. 220915B (09/22/15). Formerly 7.28.120]

7.28.130 Investigation and written investigative report.

(a) The Elders Services designee, Director of Adult Protective Services, Tribal Law Enforcement, or any employee of the Puyallup Tribe who receives reports of alleged vulnerable Tribal adult abuse or neglect shall refer all such reports to Puyallup Adult Protective Services for investigation.

(b) If the situation appears to be an emergency, Puyallup APS shall conduct an initial investigation within 24 hours, prepare a written summary of the investigation results, which shall include all information in subsection (d) of this section, as well as the results of interviews, observations, and assessments and other fact finding. If the situation is not an emergency, the investigation shall be initiated within 72 hours and completed within 10 days.

(c) The Puyallup APS investigator shall conduct in person interviews with the vulnerable Tribal adult, the vulnerable Tribal adult’s family, when applicable the primary caregiver, the person suspected of having committed the abuse, and other relevant persons or agencies who can be ascertained or made available by permission of the vulnerable Tribal adult; additional reports of abuse or neglect ascertained during the interviews must all be investigated. The investigator shall also assess the vulnerable Tribal adult’s living conditions. The investigator shall inform all parties of their rights enumerated under PTC 7.28.220.

(d) Tribal agencies, departments, and programs, including the Puyallup Tribal Health Authority, shall provide in a timely manner all relevant reports, files, medical records, welfare check reports, and any other relevant information to the Puyallup APS investigator upon request during the investigation of alleged abuse or neglect of a vulnerable Tribal adult. Puyallup APS shall not further disseminate or release such information except as authorized by applicable Tribal or federal statute. Access to other relevant medical and treatment records for purposes of investigation must be obtained with a duly executed authorization by the vulnerable Tribal adult, or by court order.

(e) If there is good cause for the Puyallup APS investigator or Law Enforcement officer to believe that an emergency exists and a vulnerable Tribal adult is at risk of immediate or irreparable harm based upon personal observation and Puyallup APS is not available to assist, the investigator or Law Enforcement officer or both shall take immediate steps to protect the abused person, including transporting him or her to adequate shelter facilities. Once the person is protected, the APS shall immediately initiate the procedures set out in PTC 7.28.150 for obtaining an emergency protection order.

(f) A copy of the investigative report must be provided to the Tribal Prosecutor and Tribal Law Enforcement. Puyallup APS shall keep a copy of the investigative report. Any copy of the investigative report must be kept confidential. All investigative reports must be filed for a period of five years, even if it is determined that no abuse or neglect has occurred in the present instance.

(g) Puyallup APS shall inform a vulnerable Tribal adult, the vulnerable Tribal adult’s immediate family members, adult household members, and when applicable, the primary caregiver about an investigation within 72 hours unless an emergency exists, in which case Puyallup APS shall inform them no later than 24 hours after the investigation is initiated.

(h) The investigative report may recommend that a petition for vulnerable Tribal adult protection be filed, or that no such action is warranted. If the investigation concludes that the situation does not warrant a petition for protective services or stix̌alikʷ, informal resolution services such as a family group conferencing or formation of a voluntary protection plan may be recommended and initiated by Puyallup APS in order to assist the vulnerable Tribal adult under PTC 7.28.170. Such voluntary protective services or placements are provided subject to available resources and only as determined necessary by Puyallup APS and with the vulnerable Tribal adult’s consent. [Res. 220915B (09/22/15)]

7.28.140 Initial investigation.

If an initial investigation of a report of abuse or neglect indicates that the abuse or neglect is substantiated, and there is probable cause to believe that an emergency exists involving danger or threat of immediate and serious harm to person or property, and no competent person is authorized by law or court order to take necessary steps to protect the vulnerable Tribal adult, then upon petition by Puyallup APS, the Court shall issue a temporary protection order, pending a full hearing. The Court may order any emergency remedy it deems proper including:

(a) The restraint of a person from committing acts of abuse, neglect, or exploitation with respect to the vulnerable Tribal adult;

(b) The exclusion of a person from the residence of the vulnerable Tribal adult, including when the person to be excluded resides with the vulnerable Tribal adult;

(c) The prohibition of contact, including by mail, telephone, email, or through third parties, with the vulnerable Tribal adult;

(d) The prohibition of a person from knowingly coming within, or knowingly remaining within, a specified distance from a specified location;

(e) The emergency removal or protective placement of the vulnerable Tribal adult; and

(f) The implementation of a temporary protection plan, where one is available, from Puyallup APS. [Res. 220915B (09/22/15)]

7.28.150 Emergency protection order.

(a) An emergency protection order must be effective for a fixed period not exceeding 30 days or until a hearing is conducted, except for when there is good cause shown to exceed this period.

(b) A hearing must be set within 72 hours from the issuance of the emergency protection order, and must be held within 10 days, unless good cause exists to grant a delay.

(c) Any person restrained or otherwise subject to the emergency protection order must be personally served with a copy of any temporary restraining order along with a copy of the petition and notice of the date for the hearing. All parties, including attorneys and representatives that have been retained by a party, are permitted to attend the hearing.

(d) At the hearing the sufficiency of the petition will be determined based on a totality of the circumstances. The Court may continue a temporary protection order for good cause. The Court shall state all good cause on the record. [Res. 220915B (09/22/15)]

7.28.160 Notice and service of emergency orders.

(a) Parties entitled to service of emergency orders, notice and opportunity to appear at hearings, and other nonvoluntary proceedings under this Code are:

(1) The vulnerable Tribal adult;

(2) When applicable the primary caregiver of the vulnerable Tribal adult;

(3) Any third party or person restrained or otherwise subject to an emergency order; and

(4) Adult children, parents, or siblings of the vulnerable Tribal adult; or in the absence of such, the closest known relative of the vulnerable Tribal adult.

(b) Service may be accomplished by personal service, or by leaving a copy of the summons and petition with a person over the age of 18 residing in the residence of the person sought to be served.

(c) Service may be provided by a Puyallup Tribal Law Enforcement officer or by any process server authorized by the Puyallup Tribe or other disinterested party who is over the age of 18.

(d) If a party cannot be located for personal service, the emergency order of protection must be sent by certified mail to the party’s last known address. If service of process was not successful within seven days, the Court and the vulnerable Tribal adult must be notified of this fact. As a last resort, service may be made in the Puyallup Tribal News for two consecutive publications. In this event the emergency protection order must remain in effect for an additional term of 30 days unless good cause exists to terminate it.

(e) Once service is made, the Court may go forward with the hearing even if all persons in interest are not present. [Res. 220915B (09/22/15)]

7.28.170 Voluntary protective service plans.

(a) Protective services will be provided through the Puyallup APS on a voluntary basis when:

(1) Services are requested by a vulnerable Tribal adult who the Tribe has determined to be in need of protective services; and

(2) Services are consented to by a vulnerable Tribal adult who the Tribe has determined to be in need of protective services.

(b) A voluntary protection plan incorporating such services must be developed as follows:

(1) The Puyallup APS shall convene a voluntary protection plan for the vulnerable Tribal adult, and members of the vulnerable Tribal adult’s family or the caregiver or both will be involved as they are determined to be necessary and appropriate parties.

(2) If a voluntary protection plan is created, it must be set forth in writing, including any conditions or requirements to be performed within agreed upon time periods.

(3) The protection plan must include services for the vulnerable Tribal adult’s family or caregiver or both, as the Puyallup APS determines is necessary to protect the vulnerable Tribal adult.

(4) The protection plan must be signed by the vulnerable Tribal adult, and as applicable, involved family members, and caregivers.

(5) If no agreement is reached, or the parties to a voluntary agreement fail to comply with its terms, a petition for an involuntary protection order hearing may be filed by Puyallup APS or the vulnerable Tribal adult.

(6) If the Puyallup APS determines that the facts before it during a conference would be more appropriately handled by the Puyallup Tribal Court, it may refer the case to the Tribal Prosecutor for a protection order as part of the voluntary protection plan.

(7) Family conference proceedings must be confidential and closed to the public. [Res. 220915B (09/22/15)]

7.28.180 Informal resolution.

(a) After the investigation, the Adult Protective Services worker may invite the vulnerable Tribal adult, and as applicable, involved family members and caregivers to discuss alternatives to filing a petition.

(b) The APS worker shall set forth in writing the facts agreed upon by the parties and the disposition agreed to by the parties for remedying the situation in which the vulnerable Tribal adult is found.

(c) Should the APS worker conclude that positive results are not being achieved through informal resolution, he or she may recommend to Puyallup APS that a petition be filed. [Res. 220915B (09/22/15)]

7.28.190 Procedures for involuntary protection orders.

(a) When a Vulnerable Tribal Adult Involuntary Protection Order May Be Filed. Puyallup APS, based on the results of an investigation and report provided under PTC 7.28.130, or at the request of a vulnerable Tribal adult, may file a petition with the Puyallup Tribal Court seeking a protection order.

(b) Notice and Service of Process for Hearing of an Adult Protection Order.

(1) Personal service must be made upon all parties not less than seven court days prior to the hearing.

(2) A summons, together with a copy of the petition, must be served upon each party by a Tribal Law Enforcement officer, or by any process server authorized by the Puyallup Tribe or other disinterested party who is over the age of 18.

(3) Service may be accomplished by personal service, or by leaving a copy of the summons and petition with a person of suitable age and discretion residing in the residence of the person sought to be served.

(4) If personal service has not been accomplished, the Tribal Law Enforcement officer, process server authorized by the Tribe, or other disinterested party who has attempted service shall file an affidavit stating that he or she was unable to complete personal service upon the respondent. The affidavit must describe the number and types of attempts the officer, or other party, made to complete service.

(5) If personal service cannot be made after reasonable efforts, then service must be made by certified mail with return receipt requested.

(6) If timely service cannot be made, the Court may set a new hearing date and any standing order will remain in place until, as a last resort, service is made via publication in the Puyallup Tribal News for two consecutive publications.

(1) The Court shall:

(A) Address the issue of competency of the vulnerable Tribal adult; and

(B) Upon a finding based on a preponderance of the evidence that the vulnerable Tribal adult is incapacitated and unable to consent to necessary services or to protective placement, the Court shall proceed with the issue of whether judicial intervention is necessary because the vulnerable Tribal adult has been or is at risk of abuse or neglect.

(2) All relevant evidence that is reliable and trustworthy may be admitted and relied upon by the Court to the extent of its probative value, including hearsay that is corroborated by other evidence.

(3) The fact finding hearing under this Code must be a closed proceeding.

(4) All parties shall be afforded an opportunity to examine and contest written reports, and to cross examine individuals whose testimony is presented.

(5) The Court may rely on conference by telephone or other permitted electronic devices that permit all those appearing or participating to hear and speak to one another.

(6) The Court shall make a decision at the conclusion of the hearing.

(7) The Court shall dismiss the matter if the allegations of the petition regarding abuse or neglect are not sustained by a preponderance of the evidence.

(8) If the allegations of the petition are sustained, the Court shall find the vulnerable Tribal adult is in need of protection, and accordingly enter an adult protection order.

(9) At the Court’s discretion, a review hearing may follow to determine whether the protection plan is being followed, and whether the case should continue to be reviewed or whether it should be dismissed. [Res. 220915B (09/22/15)]

7.28.200 Protection orders and protection plans.

(a) The protection order must incorporate, as appropriate, services according to any protection plan created by Puyallup APS or agreed upon order developed in consultation with the vulnerable Tribal adult’s involved family members and caregivers. Such order must provide for the least restrictive alternatives while meeting the vulnerable Tribal adult’s needs. The protection plan must include services for the vulnerable Tribal adult’s family or caregiver as necessary to protect the vulnerable Tribal adult. The Court shall determine the necessity. An order may also:

(1) Secure removal of the vulnerable Tribal adult to a safe location; and

(2) Appoint an approved representative payee or a representative, dxʷtix̌alikʷ, or limited dxʷtix̌alikʷ or both for the vulnerable Tribal adult, subject to a criminal background check. The Court may set additional terms and conditions for a representative payee, dxʷtix̌alikʷ, or limited dxʷtix̌alikʷ including an oath, bond, insurance or other provisions to protect the vulnerable Tribal adult. Any such person appointed has fiduciary responsibility toward the vulnerable Tribal adult. The Court shall set documentation and reporting requirements for any person given authority to receive payments of funds, to secure the vulnerable Tribal adult’s funds, property, services, or other resources, or to expend funds. The Puyallup Tribes’ Representative Payment Program is the mandated method of protection for Tribal benefits.

(b) If the Court determines that a vulnerable Tribal adult has been abused or neglected by a third party, the Court may make an order against the third party if that person has been provided notice and an opportunity to be heard at the hearing, including opportunity to cross examine individuals whose testimony is presented. As the Court deems appropriate, the protection order of the vulnerable Tribal adult may:

(1) Restrain the abuser from committing any act of harm on the vulnerable Tribal adult, exclude the abuser from the residence of the vulnerable Tribal adult for a specified period or until further ordered by the Court, prohibit contact, including by mail, email, telephone or by using third parties, for a specified period or until further ordered by the Court;

(2) Require an accounting of the vulnerable Tribal adult’s income or other resources including a determination of whether the abuser was involved in harming the vulnerable adult;

(3) Restrain the abuser from access to the vulnerable Tribal adult’s property for a specified period of time;

(4) Require the abuser to pay restitution and costs incurred with bringing the action;

(5) Require the abuser to do community service; and

(6) Impose any other financial or other civil penalties as may be provided by Puyallup Tribal law.

(1) An order for protection is a final order subject to reconsideration or appeal;

(2) On the Court’s motion sua sponte, the Court may issue a reconsideration of an order for protection up to 15 days after an order is entered, or the individual has up to 30 days to seek an appeal after an order is entered; and

(3) If the Puyallup Tribal Court declines to issue a protection order, the Court shall state the particular reasons for the Court’s denial in writing.

(d) Review Hearings and Modifications of Protection Orders.

(1) The Court shall review the need to continue a protection order, the review must occur every six months or earlier upon motion for good cause shown;

(2) The review must include an accounting of the vulnerable Tribal adult’s funds, property, credit, services, or other resources if the Court has designated a representative payee or dxʷtix̌alikʷ with fiduciary responsibility for safeguarding or expending resources;

(3) The Court shall review all available information provided by Puyallup Tribe’s Adult Protective Services regarding the vulnerable Tribal adult including, services provided, mental and physical status, living conditions, and other information that may be helpful to the Court; and

(4) After each such review, the Court may extend or amend the protection order if cause is shown by a preponderance of the evidence. [Res. 220915B (09/22/15)]

7.28.210 Confidentiality of investigative reports and court records.

Records of investigations and court proceedings under this Code are confidential. Only the vulnerable Tribal adult, Puyallup APS, Puyallup Tribal Law Enforcement, court officials, attorneys and legal representatives for the parties, the Tribal Prosecutor, medical staff treating the vulnerable Tribal adult, and other persons determined by the Court to have good cause may view the records. [Res. 220915B (09/22/15)]

7.28.220 Rights of vulnerable Tribal adults, their families, and caregivers.

(a) A vulnerable Tribal adult may refuse protective services provided that Puyallup Adult Protective Services finds:

(1) There is good cause to believe that the vulnerable Tribal adult can take care of him or herself; and

(2) The vulnerable Tribal adult knows of the services offered, and no emergency exists.

(b) Family members or caregivers may refuse services for themselves, but shall not refuse services for the vulnerable Tribal adult.

(c) Vulnerable Tribal adults or caregivers may refuse to allow investigators into their residence. In this event the investigator may obtain a Puyallup Tribal court order for right to entry by showing good cause for entry.

(d) A caregiver may not prevent a Puyallup Tribe’s Adult Protective Services investigator from having private communications with the vulnerable Tribal adult.

(e) When a petition is filed with the Court under this Code, the petitioner must make diligent efforts to provide service of notice to the vulnerable Tribal adult, any third party or person restrained or otherwise subject to an emergency order, when applicable the primary caregiver, and any adult children, parents, or siblings of the vulnerable Tribal adult, or in the absence of any such family, to the closest known relative of the vulnerable Tribal adult.

(f) The vulnerable Tribal adult and, when applicable, the primary caregiver are required parties to any Court proceeding under this Code.

(g) A family member, including an extended family member, may also attend closed court proceedings under this Code unless the Court determines that the person does not have sufficient ties with the vulnerable Tribal adult, or that the person’s presence is not necessary or in the best interest of the vulnerable Tribal adult.

(h) The Court may exclude a person, including a party other than the vulnerable Tribal adult, from court proceedings if the Court finds that the attendance of the person is not in the best interest of the vulnerable Tribal adult, but the Court may not issue an order against that person unless the person has had an opportunity to be heard in a separate hearing.

(i) A family member, including an extended family member, may seek to intervene as a party upon a showing that the family member has sufficient interest in the outcome of the case, that party’s status is necessary to protect the rights of the family member or would be helpful in protecting the best interests of the vulnerable Tribal adult.

(j) The Court may limit a party’s access to medical or other confidential records as necessary to protect the health, safety, and welfare of the vulnerable Tribal adult. A party may petition the Court for the Court to order a medical, psychological, or psychiatric evaluation of the vulnerable Tribal adult at the party’s own expense. [Res. 220915B (09/22/15)]

7.28.230 Full or limited stix̌alikʷ (“guardianship”).

(a) Any interested person, including a Vulnerable Adult Presenting Officer on behalf of the Puyallup Tribe of Indians, who is seeking a stix̌alikʷ (“guardianship”) may petition for a limited or full stix̌alikʷ (“guardianship”) of a vulnerable Tribal adult who is unable to manage all or some of his or her own affairs. A petition may be filed on behalf of:

(1) A Puyallup Tribal member receiving benefits or services from the Puyallup Tribe who lives on or off the Puyallup Reservation; or

(2) Any member of a federally recognized Tribe residing on the Puyallup Reservation.

(b) A stix̌alikʷ shall promote and protect the well-being of the vulnerable Tribal adult, and be designed to encourage the maximum self-reliance and independence of the vulnerable Tribal adult.

(c) A stix̌alikʷ may be ordered to the extent that the vulnerable Tribal adult’s physical or mental limitations require assistance.

(d) Petition Requirements. The stix̌alikʷ petition must state:

(1) The vulnerable Tribal adult’s name, birth date, residence, tribal affiliation and enrollment number, address of the person’s own home, or locations or institution (name and address) or both where the vulnerable Tribal adult has resided and is now located, in the event that they are no longer at their own home;

(2) When the petitioner is not the Puyallup Tribe, the petitioner’s name, birth date, residence, tribal affiliation, and relationship to the vulnerable Tribal adult;

(3) A description of the physical or mental problems or limitations that make the vulnerable Tribal adult unable to manage his or her own affairs;

(4) A doctor’s report or letter, to the effect that the vulnerable Tribal adult is not presently able to handle his or her property and affairs; and the anticipated duration of the incapacity;

(5) Whether the vulnerable Tribal adult has provided for powers of attorney or appointment of representative payee on his or her own behalf;

(6) Whether a limited or full stix̌alikʷ has been appointed for the vulnerable Tribal adult in any other tribal or state court; and any information regarding any prior judicial finding of incapacity, where available;

(7) If a limited stix̌alikʷ over the vulnerable Tribal adult’s person is requested, then a description of the particular powers that the limited stix̌alikʷ is proposed to exercise and the particular areas of protection and assistance required;

(8) If a limited or full stix̌alikʷ over any or all real property is requested then a general description of the personal or nontrust property of the vulnerable Tribal adult;

(9) If a limited or full stix̌alikʷ over any or all of the financial affairs is requested, then a general description of the income or other financial resource or personal property of the vulnerable Tribal adult;

(10) The names, addresses, and relationship, if reasonably available, of the vulnerable adult’s spouse, children, parents, siblings, grandchildren, or other persons who have been significantly involved in the care of the vulnerable Tribal adult during the past three years, and the name(s) and description of relationship to the vulnerable Tribal adult of any other person(s) who may be available to share the stix̌alikʷ responsibilities with the petitioner; and

(11) The requested length of time for which the petitioner is requesting the stix̌alikʷ.

(e) Service of the petition and notice of hearing must be provided as follows:

(1) The Court shall provide notice of the stix̌alikʷ hearing. The notice of the stix̌alikʷ and a copy of the petition must be served upon the vulnerable Tribal adult for whom the stix̌alikʷ is requested, and when applicable his or her spouse, parents, adult children, any other person living with the vulnerable Tribal adult, if applicable, any caregiver, or person charged with undertaking fiduciary responsibilities pursuant to a power of attorney or representative payee appointment when Tribal benefits are being managed for the vulnerable Tribal adult.

(2) Service must be provided by a Puyallup Tribal Law Enforcement officer, or by any process server authorized by the Puyallup Tribe or other disinterested party who is over the age of 18.

(3) Service must be made upon all parties not less than seven court days prior to the hearing.

(4) Service may be accomplished by personal service, or by leaving a copy of the summons and petition with a person 18 years or older residing in the residence of the person sought to be served.

(5) If personal service has not been accomplished, the Tribal Law Enforcement officer, service processor authorized by the Tribe, or other disinterested party who has attempted service shall file an affidavit stating that he or she was unable to complete personal service upon the respondent. The affidavit must describe the number and types of attempts the officer, or other party, made to complete service.

(6) If personal service cannot be made after reasonable efforts, then service must be made by certified mail with return receipt requested.

(7) If timely service cannot be made, the Court may set a new hearing date.

(8) A hearing on the petition for stix̌alikʷ must be held within 40 days from the service of the notice and petition.

(f) Guardian ad Litem. The Court may appoint a guardian ad litem at its discretion in order to represent the vulnerable Tribal adult, if it appears from medical or other reports submitted with the petition that his or her interests will not be adequately represented, or that he or she may not be able to participate in or assist counsel during stix̌alikʷ hearings.

(g) Emergency Appointment of Temporary Stix̌alikʷ. In the event of an emergency, where serious harm to the vulnerable Tribal adult’s health or property is likely to occur before a hearing can be held, the Court may appoint with or without notice, a temporary dxʷtix̌alikʷ for the vulnerable Tribal adult, for a specified period not to exceed two months. The Court shall not invest the temporary dxʷtix̌alikʷ with more powers than are required by the circumstances necessitating the appointment. [Res. 130423 (04/13/23); Res. 060219 (02/06/19); Res. 220915B (09/22/15)]

7.28.240 Hearings and appointments of full or limited stix̌alikʷ.

(a) The vulnerable Tribal adult named in the petition shall be present at all hearings unless the person is incapacitated and unable to appear as documented by a physician, or files a declaration with the Court requesting that the hearing proceed without them.

(b) An appointed guardian ad litem may file an affidavit with the Court stating that:

(1) He or she has fully explained the nature of the hearing to the vulnerable Tribal adult and to the best of their belief the vulnerable Tribal adult has understood the nature of the hearing and has clearly expressed a desire not to be present; or

(2) That, to the best of his or her information and belief, the vulnerable Tribal adult is incapable of understanding the nature of the hearing or participating in the hearing.

(3) Upon a finding on the evidence that the vulnerable Tribal adult cannot participate in the hearing(s), the Court may waive his or her appearance; provided, that counsel or a guardian ad litem is present at every hearing on the merits of the petition, on the vulnerable Tribal adult’s behalf.

(4) At the hearing, the Court shall:

(A) Examine the petition; and

(B) Take the testimony presented by any interested party.

(5) The petitioner must prove by clear and convincing evidence that the vulnerable Tribal adult is unable to manage his or her own affairs, or is fully or partially incapacitated due to reasons such as loss of memory or reasoning ability, acute alcoholism or abuse of drugs, mental illness, other medical condition or other incapacity, and that the vulnerable Tribal adult lacks the ability to manage his or her own affairs to the extent that his or her personal, health, physical or financial security is measurably threatened, and there are no less restrictive alternatives reasonably available to remedy these problems.

(6) The Court shall make specific findings as to the above. If the Court determines that a limited or full stix̌alikʷ is necessary to protect the person or property of the vulnerable Tribal adult the Court shall further make written findings regarding the scope of the stix̌alikʷ, as to whether the limited or full stix̌alikʷ should be shared among one or more family members or interested persons. The dxʷtix̌alikʷ powers must extend only to such areas specifically stated in the findings and order, and such powers must be no more extensive than is necessary to address the facts proven by the petitioner.

(7) The preference of the vulnerable Tribal adult as contained in an irrevocable durable power of attorney, or as otherwise clearly stated, must control selection of the limited or full dxʷtix̌alikʷ or dxʷtix̌alikʷs except when there is good cause for an exception or disqualification.

(8) The order must clearly state the time of stix̌alikʷ review, and reporting requirements. [Res. 220915B (09/22/15)]

7.28.250 Dxʷtix̌alikʷ inventory.

(a) Persons appointed a limited or full stix̌alikʷ over the person, their income, or nontrust real property of a vulnerable Tribal adult shall file an inventory with the Court of any such income and personal or nontrust real property prior to the appointment or at such time as may be extended by the Court upon a showing of good cause for requesting such extension.

(b) The inventory must include all heritage personal property, which means baskets, beadwork, regalia, tools, or other material of extended family origin which is in the possession of the vulnerable Tribal adult.

(c) The Court may require that certain limited or full stix̌alikʷ funds be placed into a Puyallup Tribe approved representative payee account or, if valid justification exists, the Court may require that certain limited or full stix̌alikʷ funds be placed into judicially blocked account, bank account, or as otherwise directed. The Puyallup Tribes’ Representative Payment Program is the mandated method of protection for Tribal benefits. [Res. 220915B (09/22/15)]

7.28.260 Stix̌alikʷ requirements and reports.

(a) Stix̌alikʷ Review Hearings. Every dxʷtix̌alikʷ shall provide a written report at least once a year or more frequently upon order of the Court. The report must be based upon the actions of the dxʷtix̌alikʷ on behalf of the vulnerable Tribal adult’s person or estate or both. The report must include the following:

(1) Actions taken to provide the vulnerable Tribal adult with continued access to his or her accustomed spiritual and religious community;

(2) Actions taken to provide the vulnerable Tribal adult with access to appropriate Puyallup Tribal community social and cultural activities, and to family and extended family gatherings;

(3) Actions taken to provide necessary and appropriate medical or therapeutic treatment, and other services that the vulnerable Tribal adult is receiving along with names of service providers;

(4) The current address and living situation, including names, contact information, and responsibilities of all caregivers or family members or both providing assistance to the vulnerable Tribal adult;

(5) Proposal or anticipated changes, including changes of residence, in order to improve the vulnerable Tribal adult’s living situation;

(6) Description of additional assistance or services deemed required;

(7) Proposed transfers of property, or making of a will; and

(8) When applicable, a final report must be filed with the Puyallup Tribal Court within 30 days of the death of the vulnerable Tribal adult. The report must include the above information, as well as any additional information regarding the transfer of remaining resources of the vulnerable Tribal adult’s estate.

(b) Disposition of Property. Dxʷtix̌alikʷs shall not transfer, encumber, or dispose of the vulnerable Tribal adult’s real estate, heritage property, or personal property interests.

(c) Dxʷtix̌alikʷs shall not prepare a will or have a will prepared by a third party on the vulnerable Tribal adult’s behalf, unless it is determined to be in the best interest of the vulnerable Tribal adult, by Puyallup Tribal court order.

(d) Termination of Stix̌alikʷ.

(1) Failure to file an initial inventory or to appear and file a written report at the time of a scheduled review pursuant to PTC 7.28.250 will constitute grounds for termination.

(2) A finding of failure to fulfill limited or full stix̌alikʷ duties in a reasonable and responsible manner after a review hearing will be cause to terminate the limited or full stix̌alikʷ. A hearing on the proposed termination may be filed on the Court’s own motion or on the motion of any interested party, and must be scheduled no less than 15 days from the filing and service to all interested parties of the motion to terminate.

(3) The limited or full stix̌alikʷ must automatically terminate on the death of a vulnerable Tribal adult. The dxʷtix̌alikʷ shall provide an accounting of resources and property at the time of death to the Court no later than 45 days from the date of death of the vulnerable Tribal adult; the Court may require the dxʷtix̌alikʷ to appear at a hearing on the matter.

(4) If the Court terminates a limited or full stix̌alikʷ and the vulnerable Tribal adult continues to be in need of a dxʷtix̌alikʷ, the Court will appoint a temporary dxʷtix̌alikʷ per PTC 7.28.230(g), and the Puyallup Tribe APS will provide assistance and services to protect and care for the health, safety, and welfare of the vulnerable Tribal adult pending a hearing for appointment of another full or limited dxʷtix̌alikʷ.

(e) Stix̌alikʷ Records. The clerk of the Court shall keep a permanent file of all records pertaining to each limited or full stix̌alikʷ proceeding. Any limited or full dxʷtix̌alikʷ duly appointed will be entitled to receive, without charge, certified copies of orders for limited or full stix̌alikʷ. [Res. 220915B (09/22/15)]

[Res. 220915B (09/22/15)]