(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)
(1) 
Good Faith. Any person, who in good faith reports suspected abuse, neglect, or exploitation, is immune from any civil suit or criminal charges based on the report.
(2) 
Bad Faith. Any person who makes a report of abuse, neglect, or exploitation in bad faith knowing the facts reported are false or misleading may, after notice and hearing, be assessed a civil penalty in an amount not to exceed $500.00. A person who gives a bad faith report is also subject to (a) civil suit brought by or on behalf of the person(s) named as suspected abusers for damages suffered as a result of the report and (b) any other sanctions available to the Court.
(Ord. 137 § 2.2, 12-4-2009 (Res. 2009-401); Res. 2015-496)
(1) 
Investigation. The caseworker shall promptly and thoroughly investigate a report of suspected abuse, neglect, or exploitation to determine whether the elder or vulnerable adult needs protective services. This investigation may include a coordinated procedure using personnel from the Tulalip Tribal Police Department or designated Tulalip Tribal personnel. If the initial report or referral indicates that the elder or vulnerable adult may be in imminent danger of serious harm, the Tulalip Police Department shall endeavor to conduct an initial investigation within 24 hours with a follow-up report to be written by the caseworker. This report may include statements of others, or any other materials or investigative reports obtained during an investigation. If the initial report or referral to the Tulalip Police Department indicates that the elder or vulnerable adult is not in imminent danger of serious harm, the initial investigation will be conducted within 15 days. The investigation shall include information such as:
(a) 
Personal interviews with the elder or vulnerable adult, their spouse, their children, and other persons or respondents living in their residence, people suspected of committing the acts reported, employees of agencies with knowledge of the person’s circumstances, and/or any other person who may have relevant information;
(b) 
Medical records to the extent possible and any other evidence of abuse, neglect, or exploitation;
(c) 
Assessment of the person’s living conditions, using the Tulalip Tribes general housing standards; and
(d) 
Any other observations or documentations that may assist in the completion of an accurate report.
(2) 
Written Report. The caseworker shall prepare a written report of any investigation and keep it on file for five years, even if the caseworker or legal representative determines that abuse, neglect, or exploitation has not occurred in the reported instance. Upon the death of the person, records must be destroyed within one year unless there is an ongoing criminal investigation/proceeding or a probate action still pending, at which time the records will remain on file with the Court until these actions are concluded. The report shall contain the results of interviews, observations and all other information obtained in subsection (1) of this section, and:
(a) 
The person’s name, address or location, and telephone numbers;
(b) 
The name, address or location, and telephone numbers of the person(s) suspected of abusing, neglecting, or exploiting the person;
(c) 
The current condition of the person, including the suspected nature and degree of incapacity of the person, if any;
(d) 
The name, address or location, and telephone numbers of any witness(es);
(e) 
The name, address or location, and telephone numbers of the elder’s caregiver;
(f) 
A description of the acts thought to be abuse, neglect, or exploitation; and
(g) 
Any other information the reporter believes might be helpful in determining abuse, neglect, or exploitation.
(3) 
Investigative Reports/Information. If the initial investigation indicates that the elder or vulnerable adult has been the victim of abuse, neglect, or exploitation and that the elder or vulnerable adult may be in imminent danger of serious harm or is currently the victim of abuse, neglect, or exploitation, the caseworker shall petition the Court for an ex parte order of protection under the procedures of this chapter.
(4) 
Elder and Vulnerable Adult Rights. If the elder or vulnerable adult made the initial report or if the elder or vulnerable adult requests protective services, they retain their right to be heard regardless of whether the petition is initiated with the Tulalip Court or who initiates the petition. The Tribes shall maintain its duties and responsibilities under this chapter regardless of whether a person decides that he or she does not wish to pursue a hearing or file a petition with the Tulalip Court.
(5) 
Confidentiality. All records, reports, affidavits, or statements of investigation are confidential and may be viewed only by the caseworker, the Tulalip Tribal Court, Tulalip Police Officer(s), the Tribal Attorney, the Tulalip Prosecuting Attorney, parties to the particular hearing before the Tulalip Court, and those persons the Tulalip Court determines have reasonable cause to view the information alleged in the petition.
(6) 
Tulalip Police Department/Law Enforcement. If an initial report of harm is filed during hours the caseworker or designated Tribal personnel is not available and if it appears that the elder may be in imminent danger of serious harm, law enforcement shall investigate promptly and perform the duties to protect the elder or vulnerable adult to the extent possible and necessary.
(7) 
Legal Basis for Welfare Check. The case-worker and/or Tulalip Police Officer(s) shall seek consent for entry into the elder’s residence for investigations into alleged elder abuse or neglect in situations where there is reasonable cause to believe that a person is an elder or vulnerable adult and is or has been abused, neglected, exploited, or abandoned. The Tulalip Police Officer may seek an investigative subpoena from Tribal Court as provided in TTC Titles 2 and 3.
(Ord. 137 § 2.3, 12-4-2009 (Res. 2009-401); Res. 2015-496)
Unless otherwise provided by this chapter, nothing in this chapter shall be deemed to preclude the Tribal Court, to the extent authorized by Tribal law, from:
(1) 
Issuing an injunction, temporary restraining order, or similar relief by ordering a respondent to temporarily or permanently refrain from conducting the acts or actions that gave rise to a complaint under this chapter;
(2) 
Ordering the respondent to pay compensation or restitution to an individual or any other entity injured by the actions of the respondent; or
(3) 
Imposing any other civil or criminal remedy for violations of Tribal law or regulations.
(Ord. 137 § 2.6, 12-4-2009 (Res. 2009-401); Res. 2015-496)
The Tribes may attempt the following listed below in lieu of filing a petition with the Court to ensure safety of the elder or vulnerable adult when not at risk of imminent harm. The Tribes is not required to take these preventative measures if the Tribes determines that taking these efforts would be futile:
(1) 
Family Group Conference. The Tribes may hold a family meeting to put in place a safety plan to ensure safety of the person and protection of finances and property. Such plan may involve agreed removal of the person from their current situation. This family group conference is designed to empower families by making them an integral part of the decision-making and planning process. This model promotes self-sufficiency and positive life-style choices. It is private, confidential and completely voluntary. One person may be appointed from the elder protection team as the mediator and will help facilitate a purposeful and directed conversation in which family members are encouraged to express their interests and concerns. Meetings are informal and are held in locations which meet the family’s needs, including, but not limited to, private homes, mediators’ offices and senior living facilities. In this process, both the family members and service providers identify the needs of the family and develop a safety plan that recognizes and builds on their strengths. A safety plan will be developed as described below, as a result of the family group conference.
(2) 
Safety Plan Otherwise. A safety plan to prevent filing of a protection order may be set forth in writing, including any conditions or requirements to be performed, and over a fixed time period. The elder or vulnerable adult, their family, and their caregiver, and any other necessary persons shall sign the voluntary safety plan agreement. If the safety plan is not followed, the Tribes may immediately file for an ex parte protection order in accordance with this chapter.
(Ord. 137 § 2.7, 12-4-2009 (Res. 2009-401); Res. 2015-496)