American Indian Law

This overview of elder abuse among Native Americans discusses the definitions of elder abuse, its indicators, reporting and treatment resources, abuser and victim profiles, tribal awareness and the handling of elder abuse, and resources that can address the problem. --Website description

The Final Guidance for the Native American Children’s Safety Act (NACSA), Public Law 114-165 was signed by the Principal Deputy Assistance Secretary – Indian Affairs on May 17, 2018. The NASCA was enacted on June 3, 2016 and it required DOI to issue guidance on appropriate placement standards for Tribes no later than two years after the date of enactment of the Act. The Act requires that before a Tribe can place a child into foster care, both: 1) a criminal records check, including a fingerprint-based check of national crime data bases of all adults in the home and 2) a check of Tribal and state abuse and neglect registries (this to include a check of all states where the individual has lived in the past 5 years). A dear Tribal Leader’s Letter was signed by the Principal Deputy Assistant Secretary – Indian Affairs and is being distributed to all of the 571 federally recognized Tribes. --Website description

Roughly 20 percent of older adults live in rural communities. When older adults need help, large rural landscapes can elongate response times. Often there are fewer services and service providers and limited access to broadband. All of these are challenges to identifying and combatting elder abuse, neglect and financial exploitation in rural and tribal communities. --Website description

CONTENTS
1. Department of Justice Rural and Tribal Elder Justice Resource Materials
2. Elder Justice Initiative Resources and Referrals list
3. Elder Justice Initiative Stop Financial Abuse presentation
4. Elder Justice Initiative Financial Scam pamphlets
5. Elder Justice Initiative Abuse and Neglect presentation
6. Elder Justice Initiative Abuse and Neglect pamphlet
7. National Indigenous Elder Justice Initiative Elder Protection Team Toolkit
8. National Indigenous Elder Justice Initiative Civil and Criminal sample Elder
Protection codes
9. Administration for Community Living Services for Native Americans (OAA
Title VI) Grant and Services list
10. Usa.gov – Resources for Federally Recognized Indian Tribes

Most cases of Elder abuse are undetected, under reported, and unresolved resulting in injury, financial decimation, and even death. The National Indigenous Elder Justice Initiative (NIEJI) was created to address the lack of culturally appropriate information and community education materials on Elder abuse, neglect, and exploitation in Indian Country. --Website Description.

The National Indian Council On Aging, Inc. (NICOA), a nonprofit organization, was founded in 1976 by members of the National Tribal Chairmen’s Association that called for a national organization focused on aging American Indian and Alaska Native elders. --Website Description.

As protectors of culture and history, American Indian and Alaskan Native elders are vital to the well-being of communities and traditions. Any work in elder abuse, and neglect with native elders must have a strong cultural and community component, often guided by tribal elders themselves. Native elders have helped to expand accepted types of abuse to also include spiritual abuse … not allowing or involving elders in cultural events within their community.

Work in elder abuse is relatively new in Indian Country, with only limited data available. Tribes are currently developing tribal codes to protect elders. Indicators of abuse are also being developed and high-risk situations are starting to be identified. --Website Description