Janice Little Dog, Berneice White Hawk, Sonia Chase Alone, and Ella and Wilson Coleman were among those who came to support changes to the existing Elderly Protection Codes.
Elderly tackle abuse issues, address codes, develop ordinance
By Christina Rose
Staff writer, Native Sun News MANDERSON – “What practical steps can be taken to ensure that more healing communication occurs between the Elders, children, and youth of the Oglala Lakota Nation?” The question was posed in a writing, “Oyate Tankakei Tewicakihelapi” or “Lakota Elders As National Treasure,” by Birgil Kills Straight. His paper is being considered for inclusion in an ordinance as the Oglala Sioux Tribe begins their work on an Elderly Protection Team. Close to a dozen elders came together in Manderson at the Oglala Lakota College on Wednesday, Feb. 7 to air concerns. A meeting on Thursday began the process of revising the existing Elderly Abuse Code and developing an ordinance that will hopefully be accepted by the tribal council. The February 7 meeting brought close to a dozen elderlies who came to air their concerns, several of which revolved around safety. Dave Brings Plenty spoke first, saying, “We have no security in the houses of the elderly. There are a lot of drive-in and drive-outs.” Brings Plenty feared that some of the young people in his community are bootlegging or selling drugs. Concerned they were the children or grandchildren of the elderly, he noted that there was more activity when the money comes at the first of the month. Frieda Big Road described herself as a young elderly and noted that in many cases, the youth are getting away with abuse and other crimes because the elderly won’t press charges against their own children or grandchildren. “The elderly take up for them when they break the law, and then when a situation comes up, they call it elderly abuse.” Big Road’s complaint was a common one in Indian Country. The Standing Rock tribe was one of the first tribes in the country to develop an elderly abuse team, and the Cheyenne River tribe followed suit a few years after. Chairman of the Cheyenne River Elderly Protection Team George Eagle Chasing, said that almost nine times out of ten, the victimized will protect the abusers. “It’s usually their children that are the abuser, and when it comes down to it, we rarely get a conviction because they won’t testify against their child.” Eagle Chasing said that in many cases, a voluntary mediation and understanding can be established within the family through the Team system, and that it can be very effective. Former Attorney General Rae Ann Red Owl commented that the current codes have a mandatory arrest provision but added, “It does come down to getting a prosecution for domestic violence.” Red Owl said that physical abuse against the elderly is uncommon, however, mental anguish is a problem in situations where kids “are coming back drunk or hollering around.” Red Owl said that the current codes lack advocacy for the elders. “It’s a real similar situation that we see with domestic violence. We have mandatory arrest and we don’t necessarily need the victim to testify. It is not the victim bringing the charges, its the officer.” When elderlies call the police for assistance in getting family members out of the house, they don’t always realizing that when the police come, they children may be charged, Red Owl said. “The police get calls such as, ‘my kids are rising heck come over here” and Red Owl added that often “they will be charged with elderly abuse even though the elder didn’t want that charge on there.” Later, the elderlies will say it was a misunderstanding and if there is no physical evidence, charges are difficult to pursue. “It is hard to prosecute if you don’t get much cooperation,” Red Owl said. “It makes it hard to enforce.” Several of the elders in attendance said that even if they wished to prosecute, fear plays a part. Wilma Thin Elk, who heads Elderly Meals in Manderson, said, “I think a lot of times, the elderlies are scared of the parents and the kids. They don’t want to file charges. If the kids go to jail, when everybody is gone, they will go after that elderly.” “There is really no one there to help them to stick to their guns,” Red Owl said, raising the importance of advocacy in offering support for the victim. Lamenting the loss of Cangleska, which offered advocacy services to victims of domestic violence, Red Owl said, “They had that support to see the case through. Without those services, it is hard. It is a key piece that is missing.” According to Red Owl, the tribe does have victim services but there are only three people covering the entire reservation, “and the numbers are just too high,” she said. One woman complained that after her dog was shot and killed by kids, “the people are scared to do anything because the child’s grandmother was a judge or prosecutor, so they didn’t do nothing with my situation.” The woman said that she was told by the dispatcher that they couldn’t take 911 calls on dogs, but she said, “These kids are constantly going back and forth in that complex. It’s all young mothers, and my dog was my protector.” Red Owl reminded the group that regardless of who is a judge or prosecutor, “You have to file because that is the only way anyone will know. If it happened on this side of the reservation, then file on the other side.” “The prosecutor over here is a peacemaker,” Red Owl said. “I think she would be reasonable enough to hear it.” The bottom line, according to Red Owl, is to put all complaints “in black and white” or problems will continue without any resolution. If necessary, elderlies can get protection orders, but the too often codependency gets in the way. “When your child is crying at you, no matter how old they are,” it is hard to prosecute them, she said. “If elderlies can take that one step, they can court order to treatment (for substance abuse).” Red Owl said that even though resources are limited, court ordered treatment can be an eye-opener for the children of the elderlies. “It is the first step and a lot of times it is hard to get that done. They don’t want their kids sitting in jail but that is part of it.” Other complaints involved difficulty with Indian Health Services. From neglect to unusual misunderstandings, the elderly did not feel safe under their care. Meetings will held in all nine districts so that elderly from each area can attend and contribute their thoughts. Julia Goings, who works at OLC in the Agricultural Department and is coordinating the meetings, said she hopes to receive input from all of the elderly in Pine Ridge. According to Goings, “The code sits on the shelf and we don’t put it to use.” The existing code is long and contains language that Goings felt needed change. “Right now, they say the age is 55. I want to see the age be 60 or 65.” She also noted that the code approves a quorum of only three members out of eight. Most of those who attended the meeting felt five would be a better number. Goings hopes all of the elderly will go through the existing code to discuss other possible changes. The next meeting is Thursday, March 7, at the Kyle Senior Building. The April meeting will take place at the Wanblee Kennedy Hall, and the May meeting will take place at the Pine Ridge CAP office. It is hoped that a final document will be completed by May. All meetings are held the first Thursday of each month from 1 p.m. - 4 p.m. and the last meeting is scheduled for June 6 at Prairie Winds. In order to bring some expertise to the process, Goings has invited a speaker from the National Resource Center on Native American Aging, University of North Dakota, where the elderly abuse program has been in place for 17 years. “They are really the experts,” Goings said. (Contact Christina Rose at christinarose.sd@gmail.com) Copyright permission by Native Sun News
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