36.05.040 Confidentiality

(a) The case records of the filed reports and the Court concerning actions taken under this part shall be kept confidential except as provided by this section.

(1) Where Law Enforcement officials or Tribal Prosecutors who require the information in connection with an investigation of a violation of this code; and/or

(2) Where a court of legal jurisdiction has determined that public disclosure of the report, data, information or record is necessary for the persecution of an abuse report; to prevent further Elder abuse or to convict those accused of Elderly abuse.

(b) If the person who is reported to have abused, neglected, or exploited an Elderly person is the holder of a license, permit, or certificate issued by any agency of federal, tribal or state government, the records and reports may be submitted to the agency that issued the license, permit or certificate. If convicted of Elder abuse, a report and disposition shall be reported to an agency of federal, tribal, or state government regarding possible termination of the license, permit, or certification.