DMR.4.3.040 Bad Faith Report; Civil Penalty; Damages; Criminal Liability

Any person who makes a report of suspected abuse of an elder or vulnerable adult knowing it to be false is subject to a civil penalty of up to $1,000. The tribal court shall assess the penalty only after petition, notice, and opportunity for hearing, and a determination that the reporter made the report knowing it to be false. Further, the reporter is subject to any civil suit brought by or on behalf of the person(s) named as suspected abusers in the false report for damages suffered as a result of the false report and to any criminal penalties set out in tribal, state, and/or federal law.