US (United States) Code. Title 25. Chapter 34: Indian child protection and family violence prevention

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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publicidad

-CITE-

25 USC CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY

VIOLENCE PREVENTION 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION

-HEAD-

CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION

-MISC1-

Sec.

3201. Findings and purpose.

(a) Findings.

(b) Purpose.

3202. Definitions.

3203. Reporting procedures.

(a) Omitted.

(b) Notification of child abuse reports.

(c) Written report of child abuse.

(d) Confidentiality of informant.

3204. Central registry.

(a) Preparation of study.

(b) Content of study.

(c) Submission to Congress.

3205. Confidentiality.

3206. Waiver of parental consent.

(a) Examinations and interviews.

(b) Interviews by law enforcement and child

protective services officials.

(c) Protection of child.

(d) Court orders.

3207. Character investigations.

(a) By Secretary of the Interior and Secretary of

Health and Human Services.

(b) Criminal records.

(c) Investigations by Indian tribes and tribal

organizations.

3208. Indian Child Abuse Treatment Grant Program.

(a) Establishment.

(b) Grant applications.

(c) Maximum grant amount.

(d) Grant administration and final report.

(e) Authorization of appropriations.

3209. Indian Child Resource and Family Services Centers.

(a) Establishment.

(b) Memorandum of Agreement.

(c) Center staffing.

(d) Center responsibilities and functions.

(e) Multidisciplinary team personnel.

(f) Center advisory board.

(g) Application of Indian Self-Determination Act to

Centers.

(h) Authorization of appropriations.

3210. Indian Child Protection and Family Violence Prevention

Program.

(a) Establishment.

(b) Indian Self-Determination Act agreements.

(c) Investigation and treatment and prevention of

child abuse and family violence.

(d) Program responsibilities and functions.

(f) Secretarial regulations; base support funding.

(g) Maintenance of effort.

(h) Contract evaluation and annual report.

(i) Authorization of appropriations.

3211. Repealed.

-End-

-CITE-

25 USC Sec. 3201 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION

-HEAD-

Sec. 3201. Findings and purpose

-STATUTE-

(a) Findings

The Congress, after careful review of the problem of child abuse

on Indian reservations and the historical and special relationship

of the Federal Government with Indian people,

(1) finds that -

(A) incidents of abuse of children on Indian reservations are

grossly underreported;

(B) such underreporting is often a result of the lack of a

mandatory Federal reporting law;

(C) multiple incidents of sexual abuse of children on Indian

reservations have been perpetrated by persons employed or

funded by the Federal Government;

(D) Federal Government investigations of the background of

Federal employees who care for, or teach, Indian children are

often deficient;

(E) funds spent by the United States on Indian reservations

or otherwise spent for the benefit of Indians who are victims

of child abuse or family violence are inadequate to meet the

growing needs for mental health treatment and counseling for

victims of child abuse or family violence and their families;

and

(F) there is no resource that is more vital to the continued

existence and integrity of Indian tribes than their children

and the United States has a direct interest, as trustee, in

protecting Indian children who are members of, or are eligible

for membership in, an Indian tribe; and

(2) declares that two major goals of the United States are to -

(A) identify the scope of incidents of abuse of children and

family violence in Indian country and to reduce such incidents;

and

(B) provide funds for mental health treatment for Indian

victims of child abuse and family violence on Indian

reservations.

(b) Purpose

The purposes of this chapter are to -

(1) require that reports of abused Indian children are made to

the appropriate authorities in an effort to prevent further

abuse;

(2) establish a reliable data base for statistical purposes and

to authorize a study to determine the need for a central registry

for reported incidents of abuse;

(3) authorize such other actions as are necessary to ensure

effective child protection in Indian country;

(4) establish the Indian Child Abuse Prevention and Treatment

Grant Program to provide funds for the establishment on Indian

reservations of treatment programs for victims of child sexual

abuse;

(5) provide for technical assistance and training related to

the investigation and treatment of cases of child abuse and

neglect;

(6) establish Indian Child Resource and Family Services Centers

in each Bureau of Indian Affairs Area Office which will consist

of multi-disciplinary teams of personnel with experience and

training in the prevention, identification, investigation, and

treatment of child abuse and neglect;

(7) provide for the treatment and prevention of incidents of

family violence;

(8) establish tribally operated programs to protect Indian

children and reduce the incidents of family violence in Indian

country; and

(9) authorize other actions necessary to ensure effective child

protection on Indian reservations.

-SOURCE-

(Pub. L. 101-630, title IV, Sec. 402, Nov. 28, 1990, 104 Stat.

4544.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this title", meaning title IV of Pub. L. 101-630, Nov. 28, 1990,

104 Stat. 4544, which is classified principally to this chapter.

For complete classification of title IV to the Code, see Short

Title note below and Tables.

-MISC1-

SHORT TITLE

Section 401 of title IV of Pub. L. 101-630 provided that: "This

title [enacting this chapter and section 1169 of Title 18, Crimes

and Criminal Procedure] may be cited as the 'Indian Child

Protection and Family Violence Prevention Act'."

-End-

-CITE-

25 USC Sec. 3202 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION

-HEAD-

Sec. 3202. Definitions

-STATUTE-

For the purposes of this chapter, the term -

(1) "Bureau" means the Bureau of Indian Affairs of the

Department of the Interior;

(2) "child" means an individual who -

(A) is not married, and

(B) has not attained 18 years of age;

(3) "child abuse" includes but is not limited to -

(A) any case in which -

(i) a child is dead or exhibits evidence of skin bruising,

bleeding, malnutrition, failure to thrive, burns, fracture of

any bone, subdural hematoma, soft tissue swelling, and

(ii) such condition is not justifiably explained or may not

be the product of an accidental occurrence; and

(B) any case in which a child is subjected to sexual assault,

sexual molestation, sexual exploitation, sexual contact, or

prostitution;

(4) "child neglect" includes but is not limited to, negligent

treatment or maltreatment of a child by a person, including a

person responsible for the child's welfare, under circumstances

which indicate that the child's health or welfare is harmed or

threatened thereby;

(5) "family violence" means any act, or threatened act, of

violence, including any forceful detention of an individual,

which -

(A) results, or threatens to result, in physical or mental

injury, and

(B) is committed by an individual against another individual

-

(i) to whom such person is, or was, related by blood or

marriage or otherwise legally related, or

(ii) with whom such person is, or was, residing;

(6) "Indian" means any individual who is a member of an Indian

tribe;

(7) "Indian child" has the meaning given to such term by

section 1903(4) of this title;

(8) "Indian country" has the meaning given to such term by

section 1151 of title 18;

(9) "Indian reservation" means any Indian reservation, public

domain Indian allotment, former Indian reservation in Oklahoma,

or lands held by incorporated Native groups, regional

corporations, or village corporations under the provisions of the

Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);

(10) "Indian tribe" and "tribal organization" have the

respective meanings given to each of such terms under section

450b of this title;

(11) "inter-tribal consortium" means a partnership between -

(A) an Indian tribe or tribal organization of an Indian

tribe, and

(B) one or more Indian tribes or tribal organizations of one

or more other Indian tribes;

(12) "local child protective services agency" means that agency

of the Federal Government, of a State, or of an Indian tribe that

has the primary responsibility for child protection on any Indian

reservation or within any community in Indian country;

(13) "local law enforcement agency" means that Federal, tribal,

or State law enforcement agency that has the primary

responsibility for the investigation of an instance of alleged

child abuse within the portion of Indian country involved;

(14) "persons responsible for a child's welfare" means any

person who has legal or other recognized duty for the care and

safety of a child, including -

(A) any employee or volunteer of a children's residential

facility, and

(B) any person providing out-of-home care, education, or

services to children;

(15) "related assistance" -

(A) includes counseling and self-help services to abusers,

victims, and dependents in family violence situations (which

shall include counseling of all family members to the extent

feasible) and referrals for appropriate health-care services

(including alcohol and drug abuse treatment), and

(B) may include food, clothing, child care, transportation,

and emergency services for victims of family violence and their

dependents;

(16) "Secretary" means the Secretary of the Interior;

(17) "shelter" means the provision of temporary refuge and

related assistance in compliance with applicable Federal and

tribal laws and regulations governing the provision, on a regular

basis, of shelter, safe homes, meals, and related assistance to

victims of family violence or their dependents; and

(18) "Service" means the Indian Health Service of the

Department of Health and Human Services.

-SOURCE-

(Pub. L. 101-630, title IV, Sec. 403, Nov. 28, 1990, 104 Stat.

4545.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in par. (9),

is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which

is classified generally to chapter 33 (Sec. 1601 et seq.) of Title

43, Public Lands. For complete classification of this Act to the

Code, see Short Title note set out under section 1601 of Title 43

and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3203 of this title; title

20 section 6177.

-End-

-CITE-

25 USC Sec. 3203 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION

-HEAD-

Sec. 3203. Reporting procedures

-STATUTE-

(a) Omitted

(b) Notification of child abuse reports

(1) When a local law enforcement agency or local child protective

services agency receives an initial report from any person of -

(A) the abuse of a child in Indian country, or

(B) actions which would reasonably be expected to result in

abuse of a child in Indian country, the receiving agency shall

immediately notify appropriate officials of the other agency of

such report and shall also submit, when prepared, a copy of the

written report required under subsection (c) of this section to

such agency.

(2) Where a report of abuse involves an Indian child or where the

alleged abuser is an Indian and where a preliminary inquiry

indicates a criminal violation has occurred, the local law

enforcement agency, if other than the Federal Bureau of

Investigation, shall immediately report such occurrence to the

Federal Bureau of Investigation.

(c) Written report of child abuse

(1) Within 36 hours after receiving an initial report described

in subsection (b) of this section, the receiving agency shall

prepare a written report which shall include, if available -

(A) the name, address, age, and sex of the child that is the

subject of the report;

(B) the grade and the school in which the child is currently

enrolled;

(C) the name and address of the child's parents or other person

responsible for the child's care;

(D) the name and address of the alleged offender;

(E) the name and address of the person who made the report to

the agency;

(F) a brief narrative as to the nature and extent of the

child's injuries, including any previously known or suspected

abuse of the child or the child's siblings and the suspected date

of the abuse; and

(G) any other information the agency or the person who made the

report to the agency believes to be important to the

investigation and disposition of the alleged abuse.

(2)(A) Any local law enforcement agency or local child protective

services agency that receives a report alleging abuse described in

section 3202(3) (!1) of this title shall immediately initiate an

investigation of such allegation and shall take immediate,

appropriate steps to secure the safety and well-being of the child

or children involved.

(B) Upon completion of the investigation of any report of alleged

abuse that is made to a local law enforcement agency or local child

protective services agency, such agency shall prepare a final

written report on such allegation.

(d) Confidentiality of informant

The identity of any person making a report described in

subsection (b)(1) of this section shall not be disclosed, without

the consent of the individual, to any person other than a court of

competent jurisdiction or an employee of an Indian tribe, a State

or the Federal Government who needs to know the information in the

performance of such employee's duties.

-SOURCE-

(Pub. L. 101-630, title IV, Sec. 404, Nov. 28, 1990, 104 Stat.

4547.)

-REFTEXT-

REFERENCES IN TEXT

Section 3202(3) of this title, referred to in subsec. (c)(2)(A),

was in the original "section 503(3)" meaning section 503(3) of Pub.

L. 101-630, and was translated as reading section 403(3), which

defines child abuse, to reflect the probable intent of Congress.

-COD-

CODIFICATION

Section is comprised of section 404 of Pub. L. 101-630. Subsec.

(a) of section 404 enacted section 1169 of Title 18, Crimes and

Criminal Procedure.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

25 USC Sec. 3204 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION

-HEAD-

Sec. 3204. Central registry

-STATUTE-

(a) Preparation of study

The Secretary, in consultation with the Secretary of Health and

Human Services and the Attorney General of the United States, is

hereby authorized and directed to prepare a written study on the

feasibility of, and need for, the establishment of a Central

Register for reports or information on the abuse of children in

Indian country.

(b) Content of study

The study conducted pursuant to subsection (a) of this section

shall include, but shall not be limited to -

(1) the need for, and purpose of, a Central Register;

(2) the examination of due process implication of the

maintenance of such a register;

(3) the extension of access to information contained in the

register;

(4) the need and process for expunging information from the

register;

(5) the types, and duration of maintenance, of information in

the register; and

(6) the classes of persons who should be covered by such

register.

(c) Submission to Congress

The Secretary shall complete the study conducted pursuant to this

section and shall submit such study, together with recommendations

and draft legislation to implement such recommendations, to the

Congress within 180 days after November 28, 1990.

-SOURCE-

(Pub. L. 101-630, title IV, Sec. 405, Nov. 28, 1990, 104 Stat.

4549.)

-End-

-CITE-

25 USC Sec. 3205 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION

-HEAD-

Sec. 3205. Confidentiality

-STATUTE-

Pursuant to section 552a of title 5, the Family Educational

Rights and Privacy Act of 1974 (20 U.S.C. 1232g), or any other

provision of law, agencies of any Indian tribe, of any State, or of

the Federal Government that investigate and treat incidents of

abuse of children may provide information and records to those

agencies of any Indian tribe, any State, or the Federal Government

that need to know the information in performance of their duties.

For purposes of this section, Indian tribal governments shall be

treated the same as other Federal Government entities.

-SOURCE-

(Pub. L. 101-630, title IV, Sec. 406, Nov. 28, 1990, 104 Stat.

4550.)

-REFTEXT-

REFERENCES IN TEXT

The Family Educational Rights and Privacy Act of 1974 (20 U.S.C.

1232g), referred to in text, is section 513 of title V of Pub. L.

93-380, Aug. 21, 1974, 88 Stat. 571, which enacted section 1232g of

Title 20, Education, and provisions set out as notes under sections

1221 and 1232g of Title 20. For complete classification of this Act

to the Code, see Short Title of 1974 Amendment note set out under

section 1221 of Title 20 and Tables.

-End-

-CITE-

25 USC Sec. 3206 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION

-HEAD-

Sec. 3206. Waiver of parental consent

-STATUTE-

(a) Examinations and interviews

Photographs, x-rays, medical examinations, psychological

examinations, and interviews of an Indian child alleged to have

been subject to abuse in Indian country shall be allowed without

parental consent if local child protective services or local law

enforcement officials have reason to believe the child has been

subject to abuse.

(b) Interviews by law enforcement and child protective services

officials

In any case in which officials of the local law enforcement

agency or local child protective services agency have reason to

believe that an Indian child has been subject to abuse in Indian

country, the officials of those agencies shall be allowed to

interview the child without first obtaining the consent of the

parent, guardian, or legal custodian.

(c) Protection of child

Examinations and interviews of a child who may have been the

subject of abuse shall be conducted under such circumstances and

with such safeguards as are designed to minimize additional trauma

to the child and, where time permits, shall be conducted with the

advise,(!1) or under the guidance, of a local multidisciplinary

team established pursuant to section 3210 of this title or, in the

absence of a local team, a multidisciplinary team established

pursuant to section 3209 of this title.

(d) Court orders

Upon a finding of reasonable suspicion that an Indian child has

been the subject of abuse in Indian country, a Federal magistrate

judge or United States District Court may issue an order enforcing

any provision of this section.

-SOURCE-

(Pub. L. 101-630, title IV, Sec. 407, Nov. 28, 1990, 104 Stat.

4550; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.

5117.)

-CHANGE-

CHANGE OF NAME

"Federal magistrate judge" substituted for "Federal magistrate"

in subsec. (d) pursuant to section 321 of Pub. L. 101-650, set out

as a note under section 631 of Title 28, Judiciary and Judicial

Procedure.

-FOOTNOTE-

(!1) So in original. Probably should be "advice".

-End-

-CITE-

25 USC Sec. 3207 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION

-HEAD-

Sec. 3207. Character investigations

-STATUTE-

(a) By Secretary of the Interior and Secretary of Health and Human

Services

The Secretary and the Secretary of Health and Human Services

shall -

(1) compile a list of all authorized positions within their

respective departments the duties and responsibilities of which

involve regular contact with, or control over, Indian children,

(2) conduct an investigation of the character of each

individual who is employed, or is being considered for

employment, by the respective Secretary in a position listed

pursuant to paragraph (1), and

(3) prescribe by regulations minimum standards of character

that each of such individuals must meet to be appointed to such

positions.

(b) Criminal records

The minimum standards of character that are to be prescribed

under this section shall ensure that none of the individuals

appointed to positions described in subsection (a) of this section

have been found guilty of, or entered a plea of nolo contendere or

guilty to, any felonious offense, or any of two or more misdemeanor

offenses, under Federal, State, or tribal law involving crimes of

violence; sexual assault, molestation, exploitation, contact or

prostitution; crimes against persons; or offenses committed against

children.

(c) Investigations by Indian tribes and tribal organizations

Each Indian tribe or tribal organization that receives funds

under the Indian Self-Determination and Education Assistance Act

[25 U.S.C. 450 et seq.] or the Tribally Controlled Schools Act of

1988 [25 U.S.C. 2501 et seq.] shall -

(1) conduct an investigation of the character of each

individual who is employed, or is being considered for

employment, by such tribe or tribal organization in a position

that involves regular contact with, or control over, Indian

children, and

(2) employ individuals in those positions only if the

individuals meet standards of character, no less stringent than

those prescribed under subsection (a) of this section, as the

Indian tribe or tribal organization shall establish.

-SOURCE-

(Pub. L. 101-630, title IV, Sec. 408, Nov. 28, 1990, 104 Stat.

4551; Pub. L. 106-568, title VIII, Sec. 814, Dec. 27, 2000, 114

Stat. 2918.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act,

referred to in subsec. (c), is Pub. L. 93-638, Jan. 4, 1975, 88

Stat. 2203, as amended, which is classified principally to

subchapter II (Sec. 450 et seq.) of chapter 14 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 450 of this title and Tables.

The Tribally Controlled Schools Act of 1988, referred to in

subsec. (c), is part B (Secs. 5201-5212) of title V of Pub. L.

100-297, Apr. 28, 1988, 102 Stat. 385, which is classified

generally to chapter 27 (Sec. 2501 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2501 of this title and Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-568 substituted "any felonious

offense, or any of two or more misdemeanor offenses," for "any

offense" and "crimes against persons; or offenses committed against

children" for "or crimes against persons".

-End-

-CITE-

25 USC Sec. 3208 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION

-HEAD-

Sec. 3208. Indian Child Abuse Treatment Grant Program

-STATUTE-

(a) Establishment

The Secretary of Health and Human Services, acting through the

Service and in cooperation with the Bureau, shall establish an

Indian Child Abuse Treatment Grant Program that provides grants to

any Indian tribe or intertribal consortium for the establishment on

Indian reservations of treatment programs for Indians who have been

victims of child sexual abuse.

(b) Grant applications

(1) Any Indian tribe or intertribal consortium may submit to the

Secretary of Health and Human Services an application for a grant

under subsection (a) of this section.

(2) Any application submitted under paragraph (1) -

(A) shall be in such form as the Secretary of Health and Human

Services may prescribe;

(B) shall be submitted to such Secretary on or before the date

designated by such Secretary; and

(C) shall specify -

(i) the nature of the program proposed by the applicant,

(ii) the data and information on which the program is based,

(iii) the extent to which the program plans to use or

incorporate existing services available on the reservation, and

(iv) the specific treatment concepts to be used under the

program.

(c) Maximum grant amount

The maximum amount of any grant awarded under subsection (a) of

this section shall not exceed $500,000.

(d) Grant administration and final report

Each recipient of a grant awarded under subsection (a) of this

section shall -

(1) furnish the Secretary of Health and Human Services with

such information as such Secretary may require to -

(A) evaluate the program for which the grant is made, and

(B) ensure that the grant funds are expended for the purposes

for which the grant was made, and

(2) submit to such Secretary at the close of the term of the

grant a final report which shall include such information as the

Secretary may require.

(e) Authorization of appropriations

there (!1) is hereby authorized to be appropriated to carry out

the provisions of this section $10,000,000 for each of the fiscal

years 1992, 1993, 1994, 1995, 1996, and 1997.

-SOURCE-

(Pub. L. 101-630, title IV, Sec. 409, Nov. 28, 1990, 104 Stat.

4551; Pub. L. 104-16, Sec. 1, June 21, 1995, 109 Stat. 190.)

-MISC1-

AMENDMENTS

1995 - Subsec. (e). Pub. L. 104-16 substituted "1995, 1996, and

1997" for "and 1995".

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

25 USC Sec. 3209 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION

-HEAD-

Sec. 3209. Indian Child Resource and Family Services Centers

-STATUTE-

(a) Establishment

The Secretary shall establish within each area office of the

Bureau an Indian Child Resource and Family Services Center.

(b) Memorandum of Agreement

The Secretary and the Secretary of Health and Human Services

shall enter into a Memorandum of Agreement which provides for the

staffing of the Centers established under this section.

(c) Center staffing

Each Center established under subsection (a) of this section

shall be staffed by a multidisciplinary team of personnel with

experience and training in prevention, identification,

investigation, and treatment of incidents of family violence, child

abuse, and child neglect.

(d) Center responsibilities and functions

Each Center established under subsection (a) of this section

shall -

(1) provide advice, technical assistance, and consultation to

Indian tribes, tribal organizations, and inter-tribal consortia

upon request;

(2) provide training to appropriate personnel of Indian tribes,

tribal organizations, the Bureau and the Service on the

identification and investigation of cases of family violence,

child abuse, and child neglect and, to the extent practicable,

coordinate with institutions of higher education, including

tribally controlled community colleges, to offer college-level

credit to interested trainees;

(3) develop training materials on the prevention,

identification, investigation, and treatment of incidents of

family violence, child abuse, and child neglect for distribution

to Indian tribes and to tribal organizations;

(4) develop recommendations to assist Federal and tribal

personnel to respond to cases of family violence, child abuse,

and child neglect; and

(5) develop policies and procedures for each agency office of

the Bureau and service unit of the Service within the area which,

to the extent feasible, comply with tribal laws pertaining to

cases of family violence, child abuse, and child neglect,

including any criminal laws, and which provide for maximum

cooperation with the enforcement of such laws.

(e) Multidisciplinary team personnel

Each multidisciplinary team established under this section shall

include, but is not limited to, personnel with a background in -

(1) law enforcement,

(2) child protective services,

(3) juvenile counseling and adolescent mental health, and

(4) domestic violence.

(f) Center advisory board

The Secretary, in consultation with the Secretary of Health and

Human Services, shall establish, for each Indian Child Resource and

Family Services Center, an advisory board to advise and assist such

Center in carrying out its activities under this chapter. Each

advisory board shall consist of 7 members appointed by the

Secretary from Indian tribes and human service providers served by

an area office of the Bureau. Members shall serve without

compensation, but may be reimbursed for travel and other expenses

while carrying out the duties of the board. The advisory board

shall assist the Center in coordinating programs, identifying

training materials, and developing policies and procedures relating

to family violence, child abuse, and child neglect.

(g) Application of Indian Self-Determination Act to Centers

Indian Child Resource and Family Services Centers established

under subsection (a) of this section shall be subject to the

provisions of the Indian Self-Determination Act [25 U.S.C. 450f et

seq.]. If a Center is located in an area office of the Bureau which

serves more than one Indian tribe, any application to enter into a

contract to operate the Center pursuant to such Act must have the

consent of each of the other tribes to be served under the

contract, except that, in the Juneau Area, only the consent of such

tribes or tribal consortia that are engaged in contracting of

Indian Child Protection and Family Violence Prevention programs

pursuant to such Act shall be required. This section shall not

preclude the designation of an existing child resource and family

services center operated by a tribe or tribal organization as a

Center if all of the tribes to be served by the Center agree to

such designation.

(h) Authorization of appropriations

There are authorized to be appropriated to carry out the

provisions of this section $3,000,000 for each of the fiscal years

1992, 1993, 1994, 1995, 1996, and 1997.

-SOURCE-

(Pub. L. 101-630, title IV, Sec. 410, Nov. 28, 1990, 104 Stat.

4552; Pub. L. 104-16, Sec. 1, June 21, 1995, 109 Stat. 190.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (f), was in the original

"this Act" and was translated as reading "this title", meaning

title IV of Pub. L. 101-630, Nov. 28, 1990, 104 Stat. 4544, known

as the Indian Child Protection and Family Violence Prevention Act,

which is classified principally to this chapter, to reflect the

probable intent of Congress. For complete classification of title

IV to the Code, see Short Title note set out under section 3201 of

this title and Tables.

The Indian Self-Determination Act, referred to in subsec. (g), is

title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended,

which is classified principally to part A (Sec. 450f et seq.) of

subchapter II of chapter 14 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 450 of this title and Tables.

-MISC1-

AMENDMENTS

1995 - Subsec. (h). Pub. L. 104-16 substituted "1995, 1996, and

1997" for "and 1995".

TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by the Congress, its duration is otherwise provided for

by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3206 of this title.

-End-

-CITE-

25 USC Sec. 3210 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION

-HEAD-

Sec. 3210. Indian Child Protection and Family Violence Prevention

Program

-STATUTE-

(a) Establishment

The Secretary shall establish within the Bureau an Indian Child

Protection and Family Violence Prevention Program to provide

financial assistance to any Indian tribe, tribal organization, or

inter-tribal consortium for the development of an Indian Child

Protection and Family Violence Prevention program.

(b) Indian Self-Determination Act agreements

The Secretary is authorized to enter into agreements with Indian

tribes, tribal organizations, or inter-tribal consortia pursuant to

the Indian Self-Determination Act [25 U.S.C. 450f et seq.] for the

establishment of Indian Child Protection and Family Violence

Prevention programs on Indian reservations.

(c) Investigation and treatment and prevention of child abuse and

family violence

An Indian tribe operating an Indian Child Protection and Family

Violence Prevention program established under this section shall

designate the agency or officials which shall be responsible -

(1) for the investigation of reported cases of child abuse and

child neglect; and

(2) for the treatment and prevention of incidents of family

violence; and

(3) for the provision of immediate shelter and related

assistance for victims of family violence and their dependents.

(d) Program responsibilities and functions

Funds provided pursuant to this section may be used for -

(1) the establishment of a child protective services program

which may include -

(A) the employment of child protective services staff to

investigate cases of child abuse and child neglect,

(B) training programs for child protective services

personnel, law enforcement personnel, and judicial personnel in

the investigation, prevention, and treatment of cases of child

abuse and child neglect, and

(C) purchase of equipment to assist in the investigation of

cases of child abuse and child neglect;

(2) the establishment of a family violence prevention and

treatment program which may include -

(A) the employment of family violence prevention and

treatment staff to respond to incidents of family violence,

(B) the provision of immediate shelter and related assistance

for victims of family violence and their dependents,

(C) training programs for family violence prevention and

treatment personnel, law enforcement personnel, and judicial

personnel in the investigation, prevention, and treatment of

cases of family violence; and

(D) construction or renovation of facilities for the

establishment of family violence shelters;

(3) the development and implementation of a multidisciplinary

child abuse investigation and prosecution program which may -

(A) coordinate child abuse prevention, investigation,

prosecution, treatment, and counseling services,

(B) develop protocols among related agencies to ensure that

investigations of child abuse cases, to the extent practicable,

minimize the trauma to the child victim, and

(C) provide for the coordination and cooperation of law

enforcement agencies, courts of competent jurisdiction, and

other tribal, Federal, and State agencies through

intergovernmental or interagency agreements that define and

specify each party's responsibilities;

(4) the development of tribal child protection codes and

regulations;

(5) the establishment of training programs for -

(A) professional and paraprofessional personnel in the fields

of medicine, law, education, social work, and other relevant

fields who are engaged in, or intend to work in, the field of

prevention, identification, investigation, and treatment of

family violence, child abuse, and child neglect,

(B) instruction in methods of protecting children from abuse

and neglect for persons responsible for the welfare of Indian

children, including parents of, and persons who work with,

Indian children, or

(C) educational, identification, prevention and treatment

services for child abuse and child neglect in cooperation with

preschool, elementary and secondary schools, or tribally

controlled community colleges (within the meaning of section

1801 of this title);

(6) other community education efforts for tribal members

(including school children) regarding issues of family violence,

child abuse, and child neglect; and

(7) such other innovative and culturally relevant programs and

projects as the Secretary may approve, including programs and

projects for -

(A) parental awareness and self-help,

(B) prevention and treatment of alcohol and drug-related

family violence, child abuse, and child neglect, or

(C) home health visitor programs,

that show promise of successfully preventing and treating cases

of family violence, child abuse, and child neglect.

(f) (!1) Secretarial regulations; base support funding

(1) The Secretary, with the participation of Indian tribes, shall

establish, and promulgate by regulations, a formula which

establishes base support funding for Indian Child Protection and

Family Violence Prevention programs.

(2) In the development of regulations for base support funding

for such programs, the Secretary shall develop, in consultation

with Indian tribes, appropriate caseload standards and staffing

requirements which are comparable to standards developed by the

National Association of Social Work, the Child Welfare League of

America and other professional associations in the field of social

work and child welfare. Each level of funding assistance shall

correspond to the staffing requirements established by the

Secretary pursuant to this section.

(3) Factors to be considered in the development of the base

support funding formula shall include, but are not limited to -

(A) projected service population of the program;

(B) projected service area of the program;

(C) projected number of cases per month; and

(D) special circumstances warranting additional program

resources, such as high incidence of child sexual abuse, high

incidence of violent crimes against women, or the existence of a

significant victim population within the community.

(4) The formula established pursuant to this subsection shall

provide funding necessary to support -

(A) one child protective services or family violence

caseworker, including fringe benefits and support costs, for each

tribe; and

(B) an additional child protective services and family violence

caseworker, including fringe benefits and support costs, for each

level of assistance for which an Indian tribe qualifies.

(5) In any fiscal year that appropriations are not sufficient to

fully fund Indian Child Protection and Family Violence Prevention

programs at each level of assistance under the formula required to

be established in this subsection, available funds for each level

of assistance shall be evenly divided among the tribes qualifying

for that level of assistance.

(g) Maintenance of effort

Services provided under contracts made under this section shall

supplement, not supplant, services from any other funds available

for the same general purposes, including, but not limited to -

(1) treatment, including, but not limited to -

(A) individual counseling,

(B) group counseling, and

(C) family counseling;

(2) social services and case management;

(3) training available to Indian tribes, tribal agencies, and

Indian organizations regarding the identification, investigation,

prevention, and treatment of family violence, child abuse, and

child neglect; and

(4) law enforcement services, including investigations and

prosecutions.

(h) Contract evaluation and annual report

Each recipient of funds awarded pursuant to subsection (a) of

this section shall -

(1) furnish the Secretary with such information as the

Secretary may require to -

(A) evaluate the program for which the award is made, and

(B) ensure that funds are expended for the purposes for which

the award was made; and

(2) submit to the Secretary at the end of each fiscal year an

annual report which shall include such information as the

Secretary may require.

(i) Authorization of appropriations

There are authorized to be appropriated to carry out the

provisions of this section $30,000,000 for each of the fiscal years

1992, 1993, 1994, 1995, 1996, and 1997.

-SOURCE-

(Pub. L. 101-630, title IV, Sec. 411, Nov. 28, 1990, 104 Stat.

4553; Pub. L. 104-16, Sec. 1, June 21, 1995, 109 Stat. 190; Pub. L.

105-244, title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 1828.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in subsec. (b), is

title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended,

which is classified principally to part A (Sec. 450f et seq.) of

subchapter II of chapter 14 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 450 of this title and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (d)(5)(C). Pub. L. 105-244 made technical

amendment to reference in original act which appears in text as

reference to section 1801 of this title.

1995 - Subsec. (i). Pub. L. 104-16 substituted "1995, 1996, and

1997" for "and 1995".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3206 of this title.

-FOOTNOTE-

(!1) So in original. No subsec. (e) has been enacted.

-End-

-CITE-

25 USC Sec. 3211 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION

-HEAD-

Sec. 3211. Repealed. Pub. L. 105-362, title VIII, Sec. 801(a), Nov.

10, 1998, 112 Stat. 3287

-MISC1-

Section, Pub. L. 101-630, title IV, Sec. 412, Nov. 28, 1990, 104

Stat. 4556, related to annual reports to Congress on administration

of provisions concerning Indian child protection and family

violence prevention.

-End-