A. Protective services or protective placement are provided on either a voluntary or involuntary basis. Such services or placement may be provided on a voluntary basis by the Osage Nation Social Services Department when requested by an abused or neglected elder and the elder is found by the Osage Nation Social Services Department to be in need of such services or placement. Such services or placement shall be provided on an involuntary basis by the Osage Nation Social Services Department only if the Court determines that such is necessary. Such services or placement shall be provided on an emergency basis (or, if necessary, on a permanent basis through a guardian appointed by applicable law) and shall be provided in a manner least restrictive of the elder’s liberty and rights consistent with the elder’s welfare and needs. The Court determination of the degree of incapacity, if any, as well as whether elder abuse or neglect has occurred is the standard the Osage Nation Social Services Department shall use to develop a plan for the delivery of elder protection services.

B. Voluntary protective services or protective placement are provided subject to available appropriations and resources and only as determined necessary by the Osage Nation Social Services Department. If the elder’s consent to such services or placement is withdrawn, they shall cease. Such protective services or protective placement shall be provided for a period of no more than one month at a time. At the end of each period, the Osage Nation Social Services Department shall reassess the elder’s needs before agreeing to continue providing services and placement. Voluntary placement shall not be continued with a court order permitting voluntary placement after the elder has been in such placement for twelve (12) months.

C. Involuntary protective services or protective placement shall be provided to any elder who is incapacitated or who is abused or neglected and incapacitated and only upon order of the Court as required by this code.

D. Services as determined necessary by the Osage Nation Social Services Department may be delivered to the elder’s family or caretaker in order to protect the elder.

E. The Osage Nation Social Services Department shall establish a process for conducting a comprehensive, physical, mental and social assessment, evaluation study of an elder when a petition for a protection order has been filed.

F. The elder, and, where appropriate, the elder’s family and caretaker shall be informed by the Osage Nation Social Services Department of rights as allowed under this code and other Osage Nation law, including the right to refuse voluntary services and placement and the right to have the Court determine the necessity of involuntary services and placement.

G. The elder (and where appropriate, the elder’s family and caretaker), if able to do so, shall pay for all or part of the costs of services or placement provided to the elder. In the case of voluntary services or placement the elder (and where appropriate, the elder’s family and caretaker) shall pay the cost.