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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 3. Child and Family Protection
3-7. Duty to Report Child Abuse and Neglect

LLOjibwe JCT3 CFC § 3-7
3-7. Duty to Report Child Abuse and Neglect

A. Duty to Report

Any person who has a reasonable cause to suspect that a child has been abused, neglected or abandoned shall immediately report the abuse, neglect or abandonment to the Band's social services and/or law enforcement departments.

B. Persons Specifically Required to Report

Those persons who are mandated to report suspected abuse or neglect include any physician, nurse, dentist, optometrist, or any other medical or mental health professional, school principal, school teacher, or any other medical or mental health professional, school principal, school teacher, or other child care staff including foster parents, residential care or institutional personnel, counselor, police officer or other law enforcement official, judge, attorney, lay advocate, court administrator or other judicial system official.

C. Anonymous Reports

Any person who has a 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 Section 3-8B above, may remain anonymous.

D. Immunity from Liability

All persons or agencies reporting, in good faith, known or suspected instances of abuse or neglect shall be immune from the imposition of any civil liability by the Band or Tribal Court.

E. 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 and the imposition of a civil fine not to exceed the sum of one thousand dollars ($1,000).

F. Abuse and Neglect Reports

1. Form of Report: Those persons mandated to report under Section 3-8B above shall promptly make an oral report to the Band social services or law enforcement departments and then following with a written report as soon thereafter as possible.

2. Contents of Written Report: The following information shall be included in the written report:

a. Names, addresses, and tribal affiliation of the child and his parents, guardian, or custodian, if known.

b. The child's age.

c. The nature and content of the child's abuse or neglect.

d. Previous abuse or neglect of the child or his siblings, if known.

e. The name, age, and address of the person alleged to be responsible for the child's abuse or neglect, if known.

f. The name and address of the person or agency making the report.

3. Photograph or X-Rays of Trauma: Protective services workers may photograph or cause x-rays to be taken of the child suspected of having been abused and such photographs or x-rays may be introduced into evidence at a hearing. Any person reporting suspected abuse of a child may take photographs of the child. Such photographs or x-rays shall be admissible in any hearing held under this Title.

Resolution No. 03-62, presented and acted upon on December 23, 2002.

Leech Lake Ojibwe Jud. Code, T. 3, Child & Fam. Protect. Code § 3-7, LLOjibwe JCT3 CFC § 3-7

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