Section YAE.11.12 — Investigations.

(a) Shawano County shall initiate an investigation. DES and/or appropriate State and County agencies shall conduct in-person interviews with the Elder, the Elder's family, caretaker, guardian, and the person(s) suspected of having committed the acts reported, employees of agencies or institutions with knowledge of the Elder's circumstances, and any other person the investigator believes has pertinent information. DES and/or appropriate State and County agencies shall also conduct observations and other fact finding as required. The existence and contents of medical records and other reports of abuse or neglect may be ascertained.

(b) Written Investigation Referral Report.

(1) A written referral by DES and the results of the investigation shall be filed with the DES. The 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) In addition to criminal penalties available under state law, when a report of abuse has been substantiated, the report shall be filed with the Tribal Prosecutor, or other appropriate agencies.

(3) When a report of abuse is found to have been made in bad faith, the investigation report shall be held and maintained as an inactive file for possible use in a civil violation investigation or proceeding pursuant to Section YAE.11.10.

(4) An investigation report shall contain the information set forth in Section YAE.11.11 and the results of the investigator's interview, observations, assessments, and other facts.

(c) Subpoena of Medical and Financial Records. The Tribal Court may issue subpoenas for the release of medical records and financial records upon motion in order to facilitate investigations of reported Elder abuse. The Tribal Court must find reasonable grounds to believe that Elder abuse or exploitation is occurring or has occurred in order to issue a subpoena.