(1)
Confidentiality. The identity of a person who in good faith reports suspected elder or vulnerable adult abuse, neglect, or exploitation is confidential and shall not be released unless the reporter consents or the Tulalip Court orders the release because it finds, after notice to the reporter and a closed hearing, that the need to protect the elder outweighs the reporter’s interest in confidentiality. This shall include any statements or affidavits written by the reporter.
(2)
Professionals who know or have reason to suspect elder or vulnerable adult abuse, exploitation or neglect are required to report to the designated Tribal or State authority, if they know or have reason to believe mistreatment of an elder has occurred. Those persons include but are not limited to:
(a)
A caregiver;
(b)
An elected official of the Tulalip Tribes;
(c)
Any medical doctor or physical therapist, including but not limited to a physician, osteopath, chiropractor, podiatrist, coroner, acupuncturist, naturopathic doctor, or medical examiner;
(d)
A nurse, physician’s assistant or health aide;
(e)
A dentist or dental hygienist;
(f)
Elder and vulnerable adult program services case/social worker, or elder services provider;
(g)
Any mental health practitioner or counselor;
(h)
A law enforcement officer;
(i)
Any person with a fiduciary duty to the elder or vulnerable adult, including but not limited to an accountant, guardian, housing inspector, or property manager; and
(j)
Judge of the Tulalip Tribal Court, Prosecutor, Attorney, or Probation Officer.
(3)
The Tulalip Tribes through its case manager(s) may conduct ongoing case planning and consultation with those persons or agencies required to report under this section and with consultants designated by the Tulalip Tribes.
(4)
Tribal agencies, departments, and programs, including the Tulalip health clinic, shall provide reports, files, medical records, welfare check reports, and any other relevant information to the case manager(s) or other designated official during the investigation of alleged abuse, neglect, or exploitation of an elder or vulnerable adult in a timely manner.
(5)
Persons exchanging information under subsection (4) of this section shall not further disseminate or release the information except as authorized by Tribal, State or Federal statute. Persons in violation of this section may be assessed a civil penalty, after notice and hearing, an amount not to exceed $500.00.
(Ord. 137 § 2.1, 12-4-2009 (Res. 2009-401); Res. 2015-496)