Statutes | 4 HCC § 12 Chapter IV § 16 | 2020
a. The Adult Prevention and Protection Social Worker shall initiate an investigation within one (1) business day of receipt of a report.
b. Written Investigative Report.
(1) A written investigative report shall be prepared and filed with the CFS Adult Prevention and Protection Program. The investigative report will remain on file for a period of five (5) years, even if it is determined that there is insufficient evidence to pursue any legal action.
(2) When a report of abuse is found to have been made in bad faith, the investigative report shall be held and maintained as an inactive file for possible use in a civil violation investigation or proceeding pursuant to this Act.
(3) The investigative report shall contain the pertinent information obtained during the investigation, including the results of the Adult Prevention and Protection Social Worker&rsquos interview, observations and assessments, and other facts.
(4) If substantiated, CFS may mediate a resolution of the presented situation or may forward the matter to the Ho-Chunk Nation Department of Justice (DOJ) for legal action.
c. Subpoena of Medical and Financial Records. The Court may issue subpoenas for the release of medical records and financial records upon motion for expedited consideration by the DOJ in order to facilitate investigations of reported Adult-at-Risk abuse, neglect, self-neglect, or exploitation. Upon hearing evidence, the Court must find reasonable grounds to believe that Adult-at-Risk abuse, neglect, self-neglect, or exploitation is occurring or has occurred in order to issue a subpoena.