6.10.100 Neglected and Abused Children – Reporting and Sanctions.
(a) Any person involved in the delivery of any health or social services to a member child, including social workers, education workers, community health representatives, doctors, nurses, psychologists, psychiatrists, counselors, or any police officer or law enforcement officer, who has reasonable cause to believe that a child has suffered child abuse or neglect, shall immediately report such incidence or cause a report to be made to Tribal Enforcement or Children Services.
(b) Any other person who has reasonable cause to believe that a child has suffered child abuse or neglect may also report such incident to Tribal Enforcement or Children Services.
(c) In all cases where a report is required, an immediate oral report shall be made by telephone or otherwise, and upon request, shall be followed by a report in writing. Reports shall contain the following information, if known and applicable:
(1) Name, address, and age of the child;
(2) Name and address of the child’s parent(s) or other persons having custody of the child;
(3) The nature and extent of the child’s injury or injuries, if any;
(4) The nature and extent of the neglect of the child, if any;
(5) Any evidence of previous injuries and the nature and extent of those injuries;
(6) Any other information which may be helpful in establishing the cause of the child’s injury or neglect, and the identity of the perpetrator(s); and
(7) Any other information or requirements established by policy of Children Services.
(d) Any person participating in good faith in the making of a report under this section or testifying in a Tribal Court proceeding as to alleged child abuse or neglect shall be immune from any liability arising out of such reporting or testifying under any law of the Tribe. Any report conforming to the reporting requirements of this section shall not be deemed a violation of any confidential communication privilege by which the reporting individual might otherwise be bound.
(e) Any person having a duty to report under this section who fails, neglects, or refuses to make such report is in violation of this section and may be subject to a Tribal Court action. [Res. 2012-56; 2008 Code § 6.2.9]