§ 5-105. Definitions.
A. “Abuse” means:
1. Intentional or negligent infliction of bodily injury, unreasonable confinement, intimidation, or cruel punishment of an elder with resulting physical harm or pain or mental anguish by any person, including anyone who has a special relationship with the elder such as a spouse, a child, or other relative recognized by Tribal custom, or a caretaker;
2. Sexual abuse, which is physical contact with an elder intended for sexual gratification of the person making such contact and which is not consented to by the elder or for which the consent was obtained by intimidation or fraud;
3. Emotional abuse, which is intentional infliction of threats, humiliation, or intimidation;
4. Exploitation, which is the unauthorized and/or improper use of funds, property, or other resources of an elder, or the unauthorized and/or improper use of the person of an elder by a caretaker or by any other person for personal gain or profit, or the failure to use the funds, property, or other resources of an elder for an elder’s benefit or according to the elder’s desires.
B. “Caretaker” means:
1. A person who is required by Tribal law or custom (or state law) to provide services or resources to an elder;
2. A person who has voluntarily undertaken to provide care or resources to an elder;
3. An institution or agency which voluntarily provides or is required by Tribal law or custom, state or federal law, or Tribal-state agreement to provide services or resources to an elder, including the duty to follow-up on placements, and any such institution or agency which receives anything of value in return for providing services or resources; or
4. An employee of any institution or agency specified in subsection (B)(3) of this section.
C. “Elder” means a senior citizen of the Osage Nation who is at least fifty-five (55) years of age.
D. “Emergency” means a situation in which an elder is immediately at risk of death or injury and is unable to consent to services which would remove the risk.
E. “Family” is determined by Tribal law and custom or tradition.
F. “Good faith” means an honest belief or purpose and the lack of intent to defraud.
G. “Incapacity” means the current inability or functional inability of a person to sufficiently understand, make, and communicate responsible decisions about himself or herself as a result of mental illness, mental deficiency, physical illness or disability, or chronic use of drugs or liquor, and to understand the consequences of any such decision. Incapacity may vary in degree and duration and shall not be determined solely on the basis of age.
H. “Least restrictive alternative” means an approach which allows an elder independence and freedom from intrusion consistent with the elder’s needs by requiring that the least drastic and intrusive method of intervention be used when intervention is necessary to protect the elder from harm.
I. “Neglect” means the failure of the caretaker to provide for the basic needs of an elder by not supplying resources, services, or supervision necessary to maintain an elder’s minimum physical and mental health and includes the inability of an elder to supply such basic needs for himself or herself. “Neglect” also means:
1. Interfering with delivery of necessary services and resources;
2. Failing to report abuse or neglect of an elder to the proper authorities by any person;
3. Failing to provide services or resources essential to the elder’s practice of his or her customs, traditions, or religion.
J. “Other adult” means a person who is mentally or physically incapacitated regardless of age.
K. “Protective placement” means placement of an elder in a hospital, nursing home, residential care facility, or transfer of an elder from one such institution to another with the elder’s consent or appropriate legal authority.
L. “Protective services” means services provided to an elder with the elder’s consent or with appropriate legal authority and include, but are not limited to: social case work, psychiatric and health evaluation, home care, day care, legal assistance, social services, health care, case management, guardianship and other services consistent with this code. It does not include protective placement.
M. “Retaliation” means threatening a reporter of elder abuse or the reporter’s family in any way; causing bodily harm to the reporter or to the reporter’s family; causing the reporter or any of the reporter’s family to be terminated, suspended from employment or reprimanded by an employer, or damaging the reporter’s or the reporter’s family’s real or personal property in any way.