Statutes | Salt River Pima-Maricopa Tribal Code Chapter 11 Article VII ยง 11-156 | 2018
(a) Responsibility. Any person who knows or has reasonable cause to suspect that a child has been physically or sexually abused, neglected, or emotionally maltreated should immediately, after learning of or forming the suspicion of such abuse, neglect, or maltreatment, report the same to the Community police department or to the Community social services department. A person reporting under this section may remain anonymous.
(b) Persons mandated to report. The following persons who know or have reasonable cause to suspect that a child has been physically or sexually abused, neglected or emotionally maltreated shall immediately, after learning of or forming the suspicion of such abuse, neglect, or maltreatment, report the same to the Community child protective services agency or law enforcement department:
(1) Physician, hospital intern or resident, surgeon, nurse, dentist, chiropractor, podiatrist, optometrist, Community health worker or other health care provider.
(2) Teacher, teachers aide, counselor, bus driver, truancy officer, principal, or other official or employee of any Community, federal, public or private school.
(3) Child day care worker, public assistance worker, worker in a group home or residential or day care facility, or social worker. (4) Law enforcement officer, probation officer, or other officer of the court, or worker in a juvenile rehabilitation or detention facility.
(5) Any other person having responsibility for the care of children whose observation or examination discloses evidence of abuse or death which appears to have been inflicted on a child by other than accidental means or which is not explained by the available medical history as being accidental in nature.
(c) Reports. Those persons mandated to report who make an oral report to the Community child protective services worker or law enforcement agency shall forthwith follow with a written report. The following information, unless unavailable, shall be included in the written report:
(1) Name, address, and place of residence of the child and his or her parent, guardian, or custodian.
(2) Age, sex, and grade of the child, and the school in which the child is currently enrolled.
(3) Narrative as to the nature and extent of the childs abuse or neglect, including previous abuse or neglect of the child or the childs siblings and the suspected date of the abuse or neglect.
(4) Name, age, address, and place of residence of the person alleged to be responsible for the childs abuse or neglect.
(5) Name, address, agency and telephone number of the person making the report.
(d) Notification. When reports are received by the Community police department, they shall immediately notify the Community social services department and make such information available to them. In the event such reports are made to the social services department, they shall immediately notify the police department and make such information available to them.
(e) Penalty for not reporting.
(1) Any person mandated under subsection (b) of this section to report known or suspected cases of child abuse and neglect who fails to immediately report such abuse or neglect shall be subject to a civil penalty of not more than $5,000.00.
(2) Any person who supervises, or has authority over, a person described under subsection (b) of this section, and who prevents that person from making the known or suspected child abuse or neglect report or intentionally suppresses such report, shall be subject to a civil penalty of not more than $5,000.00.
(f) Immunity from liability. All persons or agencies reporting, in good faith, known or suspected instances of abuse or neglect, or anyone participating in a judicial proceeding resulting from such report shall be immune from civil liability and criminal prosecution, unless such person is suspected of or has been charged with abusing or neglecting the child in question. Any provision of law or code of ethics that protects or requires confidentiality shall not apply with respect to information regarding abuse or neglect of a child, and such provisions of law or code of ethics shall not be a defense to a charge of failing to report child abuse and neglect.
(g) Waiver of parental consent. Photographs, x-rays, medical examinations, psychological examinations, and interviews of a child alleged to have been subject to abuse or neglect shall be allowed without parental consent if the Community child protective services worker or law enforcement officials have reason to believe the child has been subject to abuse or neglect. (h) Protection of child. It is the policy of the Community that examinations and interviews of a child suspected of having been subject to abuse or neglect shall be conducted under such circumstances and with such safeguards as are designed to minimize additional trauma to the child. It shall be the responsibility of the Community departments involved in the investigation and prosecution of the alleged offenses to coordinate their interviews and intrusive examinations with respect to the child.
(Code 1981, § 11-27 Code 2012, § 11-27 Ord. No. SRO-210-96, § 1, 11-15-1995 Ord. No. SRO-402- 2012, § 11-27, 5-30-2012)