Any person who has reasonable cause to suspect that a child, within the jurisdiction of the Tribe or on tribal land, is or has been abused or neglected will immediately make a report to SSU or the tribal law enforcement department. Those persons reporting, except those specified in Article IX, § 7.5-17 below, may remain anonymous.
A.
The following persons are specifically required to report child abuse
and neglect, and pregnant women suspected of abusing alcohol or controlled
substances:
(1)
All NHBP employees and those individuals contracted to provide services
are mandated reporters.
(2)
All NHBP government officials elected and appointed are mandatory
reporters.
(3)
All employees of NHBP businesses, entities and enterprises are mandatory
reporters. This includes only those businesses, entities and enterprises
that are wholly owned by the Tribe and formed under tribal law.
B.
Any mandated reporter who has reasonable cause to suspect that a
child, within the jurisdiction of the Tribe or on tribal land, may
be the victim of neglect or abuse will immediately report the suspected
abusive or neglectful situation, condition or circumstances to SSU
or tribal law enforcement.
(1)
A person mandated to report under Article IX, § 7.5-17A(1) will immediately report to the SSU if the person knows or has reason to suspect that a woman who is pregnant has abused alcohol or used a controlled substance for a nonmedical purpose during pregnancy.
(2)
Within seventy-two (72) hours after making the initial report, the
mandated reporter will file a written report with law enforcement
or the SSU. One (1) report from any person, department or agency will
be considered adequate for purposes of the reporting requirement.
No mandated reporter will be disciplined or suffer adverse consequences
in the workplace for making a good faith report of abuse or neglect.
A.
All persons or agencies complying in good faith with the provisions
of this code will be immune from civil liability and criminal prosecution
in Tribal Court.
B.
Abrogation of privilege. Any legally recognized privileged communication,
except that between attorney and client, is abrogated and will neither
constitute grounds for excusing a mandated report nor for excluding
evidence in a civil child protective proceeding resulting from a report
made pursuant to this code.
C.
Penalty for not reporting. Any person mandated to report under Article IX, § 7.5-17A(1) who knowingly fails to do so or who willfully prevents someone else from doing so will be subject to a charge of a civil infraction.[1]
[1]
The person may face additional consequences depending on mandatory
reporter status and whether or not state law applies.
A.
Abuse and neglect reporting. Abuse and neglect written reports will
include the following information, if known:
(1)
Names, addresses, and tribal affiliation of the child and his/her
parents, guardian or custodian, including enrollment numbers;
(2)
The child's age and birth date and social security number;
(3)
The nature of the suspected abuse or neglect, including the date
and location where it occurred;
(4)
Personal knowledge of previous history of abuse or neglect of a child
and/or siblings;
(5)
The name, age, and address of anyone suspected of perpetrating abuse
or neglect on a child; and
(6)
The name and address of the person and/or agency making the report.
