Section YAE.11.09 — Civil Violation And Penalty For Failing To Report.

(a) Any person who is required by this Code to report suspected Elder abuse, neglect or self-neglect, or exploitation and fails to do so is subject to civil penalty in Tribal Court not to exceed $5,000. The Tribal Prosecutor has the authority to prosecute under this section. Further, the person failing to report is subject to any civil suit brought by or on behalf of the Elder for damages suffered as a result of the failure to report, notwithstanding any determination through clear and convincing evidence by the Stockbridge-Munsee Community Tribal Courts that the person failing to report violated this Code.

(b) Privileged Communication. No evidentiary privilege except for the doctor-patient, attorney-client or priest-penitent privilege may be raised as a justifiable defense or reason for failing to report suspected Elder abuse or neglect or for testifying as required by this Code.