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A. The name of a reporter who reports abuse or neglect as required by this Code 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 determined necessary to protect the elder.

B. Records of an investigation of elder abuse or of the Court’s hearing regarding elder abuse are confidential. Such records shall be open only to the elder or the elder’s family and caretaker (unless the family or caretaker is the suspected abuser), employees of the Osage Nation Social Services Department, the Osage Nation Police, the Prosecutor, Court officials, and coroners or medical examiners who have reason to believe that an elder died as the result of abuse or neglect, and any other persons whom the Court determines to have reasonable cause to have access to such records.

C. A proceeding held pursuant to this code shall be closed and confidential. Persons who may attend are the elder, the elder’s family and caretaker, the person or representative of an institution or agency accused of elder abuse or neglect, the representative of the Osage Nation Social Services Department, necessary Court officials, and attorneys for the parties. Other persons may appear only to testify. No one attending or testifying at such a proceeding shall reveal the information about the proceeding unless ordered to do so by the Court.

D. Any person who violates any of the provisions of this section shall be subject to civil penalty of up to Five Hundred Dollars ($500.00) (or any penalty set by the Court) per occurrence (and, if an Osage Nation employee, to appropriate disciplinary procedures as allowed by the Osage Nation Personnel Policies and Procedures Manual). The penalty shall be assessed by the Court after petition, notice, opportunity to be heard, and a determination that a violation has occurred.