DMR.4.7.020 Confidentiality of Reporter, Records, Hearings; Penalty for Not Complying with Confidentiality

(a) The name of the person who reports abuse or neglect as required by this ordinance is confidential and shall not be released to any person unless the reporter consents to the release or the release is ordered by the Tribal Court. The Tribal Court may release the reporter's name only after notice to the reporter is given, a closed evidentiary hearing is held, and the need to protect the elder or vulnerable adult is found to be greater than the reporter's right to confidentiality. The reporter's name shall be released only to the extent determined necessary to protect the elder or vulnerable adult.

(b) Records of an investigation of abuse against an elder or vulnerable adult or of a Tribal Court hearing regarding abuse shall remain confidential, unless production of such material is compelled by a court with proper jurisdiction. Such records shall be open only to employees of LCO Elder Protective Services, law enforcement officers, Tribal Court officials, coroner or medical examiner who has reason to believe that an elder or vulnerable adult died as a result of abuse or neglect, and any other person who the Tribal Court determines has reasonable cause to have access to such record.

(c) A proceeding held pursuant to this ordinance shall be closed and confidential. Persons who may attend are those who have been made party to the proceeding. These may include, but are not limited to, the elder or vulnerable adult, their family or caretaker, the person or representative of an institution or program accused of abuse, the representative of LCO Elder Protective Services, necessary Tribal Court officials and attorneys to the parties. Other persons may appear only to testify. No one attending or testifying at such a proceeding shall reveal information about the proceeding unless ordered to do so by Tribal Court order.

(d) Any person who violates any portion of this section shall be subject to a civil penalty of up to $1,000 per occurrence and, if a tribal employee, to appropriate disciplinary actions as allowed by the Tribe's personnel policies and procedures. The penalty shall be assessed by the Tribal Court after petition, notice, opportunity to be heard, and a determination that a violation has occurred.