11.05.060 Confidentiality of reporter, reports, and hearings – Penalties for noncompliance.
All proceedings under this Code are confidential unless otherwise provided. The Court and all individuals and agencies who are responsible for enforcing or participating in the enforcement of the provisions of this Code will ensure that disclosure of confidential personal information received or maintained in the course of actions brought under this Code shall be limited to purposes directly connected with the administration of this Code. Protections include but are not necessarily limited to the following:
(a) The identity of the reporter of abuse or neglect under this Code is confidential and shall not be released unless the reporter consents or the Tribal Court determines that the need of the elder or vulnerable adult exceeds the reporter’s right to privacy and mandates disclosure. The reporter has the opportunity to petition and be heard at a closed evidentiary hearing with regard to any such disclosure. Any disclosure may be released only to the extent necessary to protect the elder or vulnerable adult. However, the investigating worker’s name is not protected.
(b) Records of investigations concerning abuse or neglect under this Code are confidential. Protective services, law enforcement, court officials, attorneys, coroner, medical staff and any other person whom the Court determines have reasonable cause to have access may view the record(s).
(c) Anyone who violates this section shall be subject to a money penalty of up to $5,000.00 per occurrence. A petition, notice and an opportunity for hearing in Tribal Court will determine if a violation has occurred. [Ord. 24 § 6, adopted, 2/10/2011.]