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1. Any person having reasonable cause to believe that an incapacitated person, a partially incapacitated person, or a minor is suffering from abuse, neglect, or exploitation shall make a report to the Osage Nation Human Services or the Osage Nation Police Department.

2. With regard to minors, the use of ordinary force as a means of discipline shall not constitute abuse.

3. Reports regarding the abuse, neglect, or exploitation of an incapacitated person, or a partially incapacitated person or reports regarding the abuse, neglect, or exploitation of a minor shall be made to the Osage Nation Social Services office.

B. Any person who knowingly and willfully fails to promptly report any abuse, neglect, or exploitation as required by the provisions of subsection (A) of this section, upon conviction, shall be guilty of a misdemeanor punishable by a fine of up to One Thousand Dollars ($1,000.00) or up to one year in the Tribal Jail, or both such fine and imprisonment.

C. Any person participating in good faith and exercising due care in the making of a report pursuant to the provisions of this section shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report.

D. Any person who willfully or recklessly makes a false report or a report without a reasonable basis in fact for such a report pursuant to the provisions of this section shall be civilly liable for any actual damages suffered by the person or persons being reported and for any punitive damages set by the Court or jury which may be allowed in the discretion of the Court or jury.

E. No employer shall terminate the employment, prevent or impair the practice or occupation of, or impose any other sanction on any employee solely for the reason that the employee made or caused to be made a report or cooperated with an investigation pursuant to the provisions of this section. A Court, in addition to other damages and remedies, may assess reasonable attorney fees against an employer who has been found to have violated the provisions of this subsection. ONCA 13-34, eff. Apr. 19, 2013.