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25 U.S.C. § 3201 — Findings and purpose
Federal law — U.S. Code and appendices · legal_authorities
**(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;
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Source location: Title 25, Chapter 34, § 3201; chapter-034-indian-child-protection-and-family-violence-prevention.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any person who—
(1) is a—
(A) physician, surgeon, dentist, podiatrist, chiropractor, nurse, dental hygienist, optometrist, medical examiner, emergency medical technician, paramedic, or health care provider,
(B) teacher, school counselor, instructional aide, teacher’s aide, teacher’s assistant, or bus driver employed by any tribal, Federal, public or private school,
(C) administrative officer, supervisor of child welfare and attendance, or truancy officer of any tribal, Federal, public or private school,
(D) child day care worker, headstart teacher, public assistance worker, worker in a group home or residential or day care facility, or social worker,
(E) psychiatrist, psychologist, or psychological assistant,
(F) licensed or unlicensed marriage, family, or child counselor,
(G) person employed in the mental health profession, or
(H) law enforcement officer, probation officer, worker in a juvenile rehabilitation or detention facility, or person employed in a public agency who is responsible for enforcing statutes and judicial orders;
(2) knows, or has reasonable suspicion, that—
(A) a child was abused in Indian country, or
(B) actions are being taken, or are going to be taken, that would reasonably be expected to result in abuse of a child in Indian country; and
(3) fails to immediately report such abuse or actions described in paragraph (2) to the local child protective services agency or local law enforcement agency,
**(b)** Any person who—
(1) supervises, or has authority over, a person described in subsection (a)(1), and
(2) inhibits or prevents that person from making the report described in subsection (a),
shall be fined under this title or imprisoned for not more than 6 months or both.
**(c)** For purposes of this sectio
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1169
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Federal law — U.S. Code and appendices · legal_authorities
**(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) 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. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.] or the Tribally Controlled Schools Act of 1988 [[25 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2501&num=0&edition=prelim) et seq.] shall—
(1) conduct an investigation of the character of each individual who is empl
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3207
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary, acting through the Service, shall establish, consistent with [section 1665a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1665a&num=0&edition=prelim), in every Service area, programs involving treatment for—
(1) victims of sexual abuse who are Indian children or children in an Indian household; and
(2) other members of the household or family of the victims described in paragraph (1).
**(b) Use of funds** Funding provided pursuant to this section shall be used for the following:
(1) To develop and provide community education and prevention programs related to sexual abuse of Indian children or children in an Indian household.
(2) To identify and provide behavioral health treatment to victims of sexual abuse who are Indian children or children in an Indian household, and to their family members who are affected by sexual abuse.
(3) To develop prevention and intervention models which incorporate traditional health care practices, cultural values, and community involvement.
(4) To develop and implement culturally sensitive assessment and diagnostic tools for use in Indian communities and urban centers.
**(c) Coordination** The programs established under subsection (a) shall be carried out in coordination with programs and services authorized under the Indian Child Protection and Family Violence Prevention Act ([25 U.S.C. 3201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3201&num=0&edition=prelim) et seq.).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1667
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Federal law — U.S. Code and appendices · legal_authorities
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) in any case in which—
(i)
(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; or
(ii) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution; 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3202
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Federal law — U.S. Code and appendices · legal_authorities
Page 559
TITLE 25—INDIANS
§ 3201
§ 3119. Severability
If any provision of this chapter, or the applica-
tion of any provision of this chapter to any per-
son or circumstance, is held invalid, the applica-
tion of such provision or circumstance and the
remainder of this chapter shall not be affected
thereby.
(Pub. L. 101–630, title III, § 320, Nov. 28, 1990, 104
Stat. 4544.)
§ 3120. Trust responsibility
Nothing in this chapter shall be construed to
diminish or expand the trust responsibility of
the United States toward Indian forest lands, or
any legal obligation or remedy resulting there-
from.
(Pub. L. 101–630, title III, § 321, Nov. 28, 1990, 104
Stat. 4544.)
CHAPTER 34—INDIAN CHILD PROTECTION
AND FAMILY VIOLENCE PREVENTION
Sec.
3201.
Findings and purpose.
3202.
Definitions.
3203.
Reporting procedures.
3204.
Central registry.
3205.
Confidentiality.
3206.
Waiver of parental consent.
3207.
Character investigations.
3208.
Indian Child Abuse Treatment Grant Pro-
gram.
3209.
National Indian Child Resource and Family
Services Center.
3210.
Indian Child Protection and Family Violence
Prevention Program.
3211.
Repealed.
§ 3201. Findings and purpose
(a) Findings
The Congress, after careful review of the prob-
lem 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 b
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 3201
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