§ 3-103. Persons required to report child abuse or neglect.
A. Any person specified in subsection (B) or (C) of this section who has reasonable cause to know or suspect that a child has been subjected to physical or sexual abuse, sexual exploitation or neglect or who has observed the child being subjected to circumstances or conditions which would reasonably result in the abuse or neglect or who has knowledge of the birth of a child dependent on a controlled substance shall immediately report or cause a report to be made of such fact to the Indian Child Welfare Department or Osage Nation Police. Such reports may be made by telephone, in writing, personally or by any other method prescribed by the Indian Child Welfare Department.
B. Persons required to report such abuse or neglect or circumstances or conditions shall include any:
1. Physician or surgeon, including a physician in training, residents and interns;
2. Child health associate or community health representative;
3. Medical examiner or coroner;
4. Dentist or dental hygienist;
5. Emergency medical technician or paramedic;
9. Chiropodist or podiatrist;
10. Registered nurse or licensed practical nurse;
11. Hospital personnel engaged in the admission, care or treatment of patients;
13. School official or employee, included but not limited to, teacher, school counselor, instructional aide, teacher’s aide, teacher’s assistant or school bus driver;
14. Social worker or worker in a family care home or child care center, child day care worker, head start teacher, public assistance worker, worker in a group home or residential or day care facility, licensed or unlicensed marriage, family or children’s counselor;
15. Mental health professional;
16. Any law enforcement personnel;
17. The Tribal Prosecutor or assistants.
C. In addition to those persons specifically required by this section to report known or suspected child abuse or neglect and circumstances or conditions which might reasonably result in abuse or neglect, any other person, whether or not a citizen of the Osage Nation, shall report known or suspected child abuse or neglect and circumstances or conditions which might reasonably result in child abuse or neglect to the Indian Child Welfare Department or the Osage Nation Police.
D. The privileged communication between patient and physician, between husband and wife or any other privilege or contract shall not relieve any person from the reporting requirements to this section.
E. Any person under the jurisdiction of the Osage Nation who wilfully violates the provisions of this section, any person who inhibits or prevents a person described in subsection (B) of this section from making a report or any person who knowingly and wilfully makes a false report or a report that the person knows lacks factual foundation:
1. Shall be subject to a civil penalty not to exceed Five Hundred Dollars ($500.00);
2. Shall be liable for associated administrative costs incurred by the Osage Nation as a result;
3. Shall be liable for Court costs; and
4. Shall be liable for damages proximately caused thereby.
F. Nothing in this section shall be construed to mean a child is abused or neglected for the sole reason the parent, guardian or custodian, in good faith, allows the child to be provided with treatment and care by spiritual means alone in accordance with the tenets and practice of a recognized church, religious denomination, traditional healing or medicine or other religious organization by a recognized practitioner thereof.