Chapter 6.50
DUTY TO REPORT CHILD ABUSE AND NEGLECT
Sections:
6.50.020 Persons required to report.
6.50.040 Immunity from liability.
6.50.050 Penalty for not reporting.
6.50.060 Reports of abuse, neglect or abandonment.
6.50.010 Duty to report.
Any person who has reasonable cause to suspect that a child has been abused, neglected or abandoned shall immediately report the abuse, neglect or abandonment to Tribal law enforcement and/or the Tribal Social Services Department. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.11.010.]
6.50.020 Persons required to report.
Persons mandated to report suspected abuse, neglect or abandonment include any: physician, nurse, dentist, optometrist, or any other medical or mental health professional; school principal, school teacher, or other school official; social worker; child day care center worker or other child care staff including foster parents, residential care or institutional personnel; counselor, peace officer or other law enforcement official; judge, attorney, court counselor, Clerk of the Court, or other judicial system official. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.11.020.]
6.50.030 Anonymous reports.
Any person who has reasonable cause to suspect that a child has been abused, neglected or abandoned shall report the abuse, neglect or abandonment. Those persons reporting, except those specified in CTC 6.50.020, may remain anonymous. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.11.030.]
6.50.040 Immunity from liability.
All persons or agencies reporting, in good faith, known or suspected instances of abuse, neglect or abandonment shall be immune from civil liability and criminal prosecution. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.11.040.]
6.50.050 Penalty for not reporting.
Those persons mandated to report a case of known or suspected abuse or neglect who knowingly fail to do so or willfully prevent someone else from doing so shall be subject to a civil cause of action proceeding in Tribal Court. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.11.050.]
6.50.060 Reports of abuse, neglect or abandonment.
A. Form of Report. Those persons mandated to report under CTC 6.50.020 shall promptly make an oral report to the Tribal Social Services Department and then follow with a written report as soon thereafter as possible.
B. Contents of Written Report. The following information shall be included in the written report:
1. Names, addresses and Tribal affiliation of the child and his parents, guardian or custodian;
2. The child’s age;
3. The nature and content of the child’s abuse, neglect or abandonment;
4. Previous abuse, neglect or abandonment of the child or his or her siblings, if known;
5. The name, age, and address of the person alleged to be responsible for the child’s abuse, neglect or abandonment, if known;
6. The name and address of the person or agency making the report.
C. Photograph or X-ray of the Visible Trauma. Persons reporting suspected abuse or neglect may photograph or cause X-rays to be taken of the child suspected of being the victim of abuse, and such photographs or X-rays may be introduced into evidence at a hearing. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.11.060.]