5-37-1. TERMS USED IN THIS ACT, UNLESS A DIFFERENT MEANING IS CLEARLY INDICATED BY THE CONTEXT MEAN.

1. “Disabled adult” any person eighteen (18) years of age or over who is incapacitated due to a physical or mental disability or due to age, who is found to be in a situation or condition whereby he is unable to protect his own interest or where he faces abuse or attempts to cause abuse by a caretaker, or who is suffering from neglect, or who is exploited by his caretaker, or any other individual.
2. “Abuse”, any willful or negligent act which results in physical injury or pain or mental anguish or injury, sexual abuse, unreasonable confinement, malnutrition, or the deprivation by a caretaker of goods and services necessary to avoid physical harm or mental anguish, or other maltreatment or exploitation.
3. “Mental anguish or injury”, willingly subjecting a disabled adult to fear, agitation, confusion, severe depression, or other forms of serious emotional distress, through threats, harassment, or other forms of intimidating behavior.
4. “Neglect”, the caretaker’s failure to provide adequate shelter, food, clothing, or medical services to a disabled adult.
5. “Caretaker”, an individual or public institution who has assumed the responsibility for the care of a person either voluntarily, by contact, by receipt of payment for care, as the result of family relationship or by order of a court.
6. “Exploitation”, illegal or improper utilization of a disabled person or their resources for monetary or personal benefit, profit or gain.
7. “Goods and services necessary to avoid physical harm or mental anguish”, includes but is limited to provision of medical care for physical and mental health needs assistance in person hygiene, providing adequate clothing, providing adequate shelter with heat and ventilation, protection from health and safety hazards, protection from malnutrition, and transportation necessary to secure these needs.
8. “Elderly person” is defined as any person living, residing or found upon on the Rosebud Sioux Tribe Reservation including on all lands under jurisdiction or control of the Rosebud Sioux Tribe, who has reached the age of sixty (60) years.