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18 U.S.C. § 1169 — Reporting of child abuse

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1169 — Reporting of child abuse

**(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

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Source file: Laws/federal/codes/united-states-code/title-18/section-1169-reporting-of-child-abuse--6ffc94f754.md
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Source location: Title 18, Chapter 53, § 1169; chapter-053-indians.md

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**(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 section, the term— (1) “abuse” includes— (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; (2) “child” means an individual who— (A) is not married, and (B) has not attained 18 years of age; (3) “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; and (4) “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. **(d)** Any person making a report described in subsection (a) which is based upon their reasonable belief and which is made in good faith shall be immune from civil or criminal liability for making that report.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 13 — Laws of States adopted for areas within Federal jurisdiction

**(a)** Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in [section 7 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section7&num=0&edition=prelim), or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment. **(b)** (1) Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States. (2) (A) In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, territory, possession, or district, the punishment for such an offense under this section shall include an additional term of imprisonment of not more than 1 year, or if serious bodily injury of a minor is caused, not more than 5 years, or if death of a minor is caused, no

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3201 — Findings and purpose

**(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;

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3201

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3203 — Reporting procedures

**(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) 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), 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 t

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3203

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1169 — Reporting of child abuse

Page 352 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1167 tions of State gambling laws that are made ap- plicable under this section to Indian country, unless an Indian tribe pursuant to a Tribal- State compact approved by the Secretary of the Interior under section 11(d)(8) of the Indian Gaming Regulatory Act, or under any other pro- vision of Federal law, has consented to the transfer to the State of criminal jurisdiction with respect to gambling on the lands of the In- dian tribe. (Added Pub. L. 100–497, § 23, Oct. 17, 1988, 102 Stat. 2487.) Editorial Notes REFERENCES IN TEXT The Indian Gaming Regulatory Act, referred to in subsec. (c), is Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, which enacted sections 1166 to 1168 of this title and chapter 25 (§ 2701 et seq.) of Title 25, Indians. Section 11(d)(8) of such Act is classified to section 2710(d)(8) of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of Title 25 and Tables. § 1167. Theft from gaming establishments on In- dian lands (a) Whoever abstracts, purloins, willfully misapplies, or takes and carries away with in- tent to steal, any money, funds, or other prop- erty of a value of $1,000 or less belonging to an establishment operated by or for or licensed by an Indian tribe pursuant to an ordinance or res- olution approved by the National Indian Gaming Commission shall be fined under this title or be imprisoned for not more than one year, or both. (b) Whoever abstracts, purloins, willfully misapplies, or takes and carries away with in- tent to steal, any money, funds, or other prop- erty of a value in excess of $1,000 belonging to a gaming establishment operated by or for or li- censed by an Indian tribe pursuant to an ordi-

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