Section YAE.11.24 — Confidentiality And Penalty.

(a) Name of Reporter. As required by this Code, the name of the person who reports abuse or neglect is confidential and shall not be released to any person unless the reporter consents to the release or release is ordered by the Court. The Court may release the reporter's name only after notice to the reporter is given, a closed evidentiary hearing is held, and the need to protect the Elder is found to be greater than the reporter's right to confidentiality. The reporter's name shall be released only to the extent as determined necessary to protect the Elder.

(b) Investigation and Hearing Records. Records of an investigation of Elder abuse or of a Court hearing regarding Elder abuse are confidential. Such records shall be open only to the Elder and the Elder's family and caretaker, unless the family or caretaker is the suspected abuser. If the DES, Tribal Prosecutor, Tribal Law Enforcement Officers, Court officials, coroner or medical examiner, appropriate State or County agencies or any other person has reason to believe that an Elder died as the result of abuse or neglect, the Court shall determine who has reasonable cause to have access to such records.

(c) Court Proceedings. A proceeding held pursuant to this Code will be closed and confidential. Persons who may attend are the Elder, the Elder's family and caretaker, representatives of the DES, or other agency, necessary Court officials, and attorneys for the parties. Other persons may appear only to testify. Persons who attend or testify at such a proceeding shall only reveal information about the proceeding for the purposes related to the continued care of the elder, or pursuant to a Court order.

(d) Penalty. Any person who violates any provision of this section shall be subject to Tribal Court Contempt Power pursuant to §14 of the Tribal Court Rules of Procedure. In addition, if the violation is committed by an employee of the Community, the person shall be subject to appropriate disciplinary action.