Statutes | 10 GTBC ยง 112 | 2020
(a) Duty to Report. Any person who has reasonable cause to suspect that a child is or has been abused or neglected shall immediately make a report to the Anishinaabek Family Services or the Tribal law enforcement department. Those persons reporting, except those specified in § 112(b) below, may remain anonymous.
(b) Mandated Reporting. The following persons are specifically required to report child abuse and neglect, and pregnant women suspected of abusing alcohol or controlled substances:
(1) All GTB employees, any physician, nurse, dentist, optometrist, or any other medical or mental health care professional, including community health representatives school principals, school teachers, or other school officials social workers child day care center workers or other child care staff members, including GTB certified foster parents, residential care or institutional personnel counselors peace officers or other law enforcement officials. Any mandated reporter who has reasonable cause to suspect that a child may be a the victim of neglect or abuse shall immediately report the suspected abusive or neglectful situation condition or circumstances to Anishinaabek Family Services or Tribal law enforcement.
(2) A person mandated to report under § 112(b)(1) shall immediately report to Anishinaabek Family Services 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.
(3) Within seventy-two (72) hours after making the initial report, the mandated reporter shall file a written report with law enforcement or AFS. If the reporter is a GTB member, the staff of a clinic, hospital, agency or school, the reporter shall notify their immediate supervisor of the report. One (1) report from any person, department or agency shall be considered adequate for purposes of the reporting requirement. No mandated reporter shall be disciplined or suffer adverse consequences in the workplace for making a good faith report of abuse or neglect.
(c) Immunity From Liability. All persons or agencies complying in good faith with the provisions of this Code shall be immune from civil liability and criminal prosecution in Tribal Court.
(d) Abrogation of Privilege. Any legally recognized privileged communication, except that between attorney and client, is abrogated and shall 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.
(e) Penalty for not Reporting. Any person mandated to report under § 112(b) who knowingly fails to do so or who willfully prevents someone else from doing so shall be subject to a charge of civil contempt with a penalty of up to ninety (90) days in jail and/or a fine of up to five thousand dollars ($5,000).
(f) Abuse and Neglect Reporting. Abuse and neglect written reports shall 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&rsquos age and birth date and social security number
(3) The nature of the suspected abuse or neglect
(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.
(6) The name and address of the person and/or agency making the report.
(g) Medical Examination.
(1) Court Order. The Anishinaabek Family Services may, upon a showing of good cause, request a court order for a medical evaluation of a child pursuant to § 114 of this Code. AFS or law enforcement is empowered to obtain an emergency medical evaluation without a court order if the child&rsquos life or limb is seriously endangered and a court order cannot reasonably be obtained. A medical evaluation shall be obtained in all incidents of suspected sexual assault on a child within twenty-four (24) hours or receipt of a report of such assault.
(2) Physician&rsquos Obligation, When a child suspected of being abused or neglected is examined by a physician, the physician shall make all necessary medical findings, which may require physical or psychological examinations, x-rays, photographs, laboratory studies, and other pertinent tests and diagnostic evaluations.
(3) Reporting Requirement. A physician shall, upon completion of a medical evaluation, immediately report the results to the Anishinaabek Family Services, law enforcement and the Court. A physician&rsquos written report shall contain summaries of medical findings, results of evaluations and a detailed report of any diagnostic tools used to reach the findings.
History: Revised Children&rsquos Code, adopted by Tribal Council on January 13, 1999 as amended by Tribal Council October 1, 1999 as amended by Tribal Act #0220.1147, enacted by Tribal Council in Special Session on August 28, 2002 as amended by Tribal Act #05-23.1603, enacted by Tribal Council on March 29, 2006 and by Tribal Council motion, enacted July 27, 2016.