DMR.4.3.030 Failure to Report; Civil Penalty; Damages; Criminal Liability

Any person who is required by this ordinance to report suspected abuse of an elder or vulnerable adult and fails to do so is subject to a civil penalty of up to $1,000. The tribal court shall assess the 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 abuse of an elder or vulnerable adult or neglect, and failed to report the abuse as required by this ordinance. Further, the person failing to report is 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 tribal, state, and/or federal law.