Chapter 5.35
REPORTING
Sections:
5.35.010 Reporting abuse or neglect of an elder or vulnerable adult.
5.35.020 Immunity for reporting.
5.35.030 Failure to report – Civil penalty – Damages – Criminal liability.
5.35.040 Bad faith report – Civil penalty – Damages – Criminal liability.
5.35.050 Contents of the report.
5.35.060 Confidentiality of reporter.
5.35.010 Reporting abuse or neglect of an elder or vulnerable adult.
A. Suspected abuse, neglect, or exploitation of an elder or vulnerable adult shall be reported to Tribal law enforcement or Tribal Social Services. The following are required to report any suspected abuse, neglect, or exploitation of an elder or vulnerable adult:
1. The elder’s or vulnerable adult’s family or caretaker;
2. Any elected Tribal official;
3. Any medical or osteopathic doctor, coroner or medical examiner, chiropractor, podiatrist, dentist, religious practitioner or clergy, nurse, health aide, social/human services worker, elder’s service provider, nursing home provider, any other health or human service provider, or its employees who deliver services to Tribal elders or vulnerable adults; and
4. Any person or agency or employee of such agency with a fiduciary duty to the elder or vulnerable adult such as a guardian, protective payee guardian ad litem, lawyer, accountant, financial institution, or property manager.
B. Any other person who has good reason to suspect that an elder or vulnerable adult has been or is being abused, neglected, or exploited is encouraged to make a report of such abuse, neglect, or exploitation. [Res. 2020-1.]
5.35.020 Immunity for reporting.
Any person who, in good faith, reports suspected abuse or neglect of an elder or vulnerable adult is immune from any civil or criminal suit based on that person’s report. [Res. 2020-1.]
5.35.030 Failure to report – Civil penalty – Damages – Criminal liability.
A. Any person who is required by this division to report suspected elder or vulnerable adult abuse and fails to do so is subject to a civil penalty not to exceed $5,000, and may also be subject to any civil suit brought by or on behalf of the elder or vulnerable adult for damages suffered as a result of the failure to report, and to any penalties set out in the Chehalis Criminal Code or as allowed by this division.
B. The Tribal Court shall assess a civil penalty only after petition, notice, an opportunity for hearing, and a determination that the person had a mandated duty to report, had good reason to suspect elder or vulnerable adult abuse or neglect, and failed to report it as required by this division. [Res. 2020-1.]
5.35.040 Bad faith report – Civil penalty – Damages – Criminal liability.
A. Any person who makes a report of suspected elder or vulnerable adult abuse known to be false is subject to a civil penalty not to exceed $5,000.
B. 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.
C. A bad faith reporter is subject to any civil suit brought by or on behalf of the person(s) named as a suspected abuser in the false report for damages suffered as a result of the false report and to any criminal penalties set out in the Chehalis Criminal Code or as allowed by this division. [Res. 2020-1.]
5.35.050 Contents of the report.
Unless there is a judicial proceeding or if the reporter consents, the identity of the person making the report is confidential. Reports made under this division shall contain the following information if known:
A. The name and address of the elder or vulnerable adult;
B. The nature and extent of the suspected abuse, neglect, or exploitation, including the date, time, and location of the events, if known;
C. Evidence of previous abuse, neglect, or exploitation and the current condition of the elder or vulnerable adult if known;
D. The name, telephone number, and address of the person making the report; and
E. Any other helpful information. [Res. 2020-1.]
5.35.060 Confidentiality of reporter.
A. The name of a reporter who reports abuse, neglect, or exploitation as required by this division is confidential and shall not be released to any person unless the reporter consents to release, release is ordered by the Court, or the reporter is a mandated reporter.
B. Where the reporter is not a mandated reporter, or the reporter has not consented to release of his or her name, the 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.
C. The reporter’s name shall be released only to the extent determined necessary to protect the elder or vulnerable adult.
D. Where a conflict exists between confidentiality and the need for communication, protection of the elder or vulnerable adult shall be the overriding consideration. [Res. 2020-1.]