Statutes | 4 HCC § 12 Chapter I § 7 | 2020
a. Name of Reporter. The name of the person who reports abuse, neglect, self-neglect, or exploitation as required by this Act is confidential and shall not be released to any person unless the reporter consents to the release or unless the release is ordered by the Court. The Court may release the reporter&rsquos name only after notice to the reporter is given, a closed evidentiary hearing is held, and the need to protect the Adult-at-Risk is found to be greater than the reporter&rsquos right to confidentiality. The reporter&rsquos name shall be released only to the extent as determined necessary to protect the Adult-at-Risk.
b. Department Records. Records of an investigation of Adult-at-Risk abuse are confidential to the Social Services case workers and the Department of Justice Attorneys assigned to the case unless ordered to be released pursuant to a court Order. Such records shall be open only to the Adult-at-Risk, unless the Adult-at-Risk consents to the release in writing. If the Executive Director of the Ho-Chunk Nation Department of Social Services, law enforcement officers, Court officials, coroner or medical examiner, or any other person has reason to believe that an Adult-at-Risk died as the result of abuse or neglect, the Court shall determine who has reasonable cause to have access to such records.
c. Court Records. Records of a Court hearing regarding Adult-at-Risk abuse, neglect, selfneglect, or exploitation are confidential. The Court shall keep court records as may be required by the Judge. Records in Adult-at-Risk cases shall be withheld from public inspection, but the Court records shall be open to inspection by the Adult-at-Risk, and either the Adult-at-Risk&rsquos private attorney or CFS if the case is brought by CFS.
d. Penalty. Any person who violates any provision of this section shall be subject to a civil penalty of up to $100.00 per occurrence. The Court shall assess the penalty after petition, notice, opportunity for hearing, and a determination that a violation has occurred. In addition, if the violation is committed by an employee of the Nation, the person shall be subject to appropriate disciplinary action as allowed in the Nation&rsquos employment laws.