25 U.S.C. § 3202 — Definitions

Page 560 TITLE 25—INDIANS § 3202 may be cited as the ‘Native American Children’s Safety Act’.’’ SHORT TITLE Pub. L. 101–630, title IV, § 401, Nov. 28, 1990, 104 Stat. 4544, provided that: ‘‘This title [enacting this chapter and section 1169 of Title 18, Crimes and Criminal Proce- dure] may be cited as the ‘Indian Child Protection and Family Violence Prevention Act’.’’ § 3202. Definitions For the purposes of this chapter, the term— (1) ‘‘Bureau’’ means the Bureau of Indian Af- fairs 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 ex- plained or may not be the product of an ac- cidental 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 lim- ited to, negligent treatment or maltreatment of a child by a person, including a person re- sponsible for the child’s welfare, under cir- cumstances 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 phys- ical or mental injury, and (B) is committed by an individual against another individual— (i) to whom such person is, or was, re- lated by blood or marriage or otherwise le- gally related, or (ii) with whom such person is, or was, re- siding; (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, re- gional 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 5304 of this title; (11) ‘‘inter-tribal consortium’’ means a part- nership between— (A) an Indian tribe or tribal organization of an Indian tribe, and (B) one or more Indian tribes or tribal or- ganizations of one or more other Indian tribes; (12) ‘‘local child protective services agency’’ means that agency of the Federal Govern- ment, of a State, or of an Indian tribe that has the primary responsibility for child protection on any Indian reservation or within any com- munity 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 coun- try involved; (14) ‘‘persons responsible for a child’s wel- fare’’ 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 chil- dren’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 serv- ices to abusers, victims, and dependents in family violence situations (which shall in- clude counseling of all family members to the extent feasible) and referrals for appro- priate health-care services (including alco- hol and drug abuse treatment), and (B) may include food, clothing, child care, transportation, and emergency services for victims of family violence and their depend- ents; (16) ‘‘Secretary’’ means the Secretary of the Interior; (17) ‘‘shelter’’ means the provision of tem- porary refuge and related assistance in com- pliance 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 vi- olence or their dependents; and (18) ‘‘Service’’ means the Indian Health Service of the Department of Health and Human Services. (Pub. L. 101–630, title IV, § 403, Nov. 28, 1990, 104 Stat. 4545; Pub. L. 118–160, § 2(1), Dec. 23, 2024, 138 Stat. 2567.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title IV of Pub. L. 101–630, Nov. 28, 1990, 104 Stat. 4544, known as the Indian Child Pro- tection and Family Violence Prevention Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out under section 3201 of this title and Tables. The Alaska Native Claims Settlement Act, referred to in par. (9), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 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. Page 561 TITLE 25—INDIANS § 3205 1 See References in Text note below. AMENDMENTS 2024—Par. (3)(A). Pub. L. 118–160 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as fol- lows: ‘‘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’’. § 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 ex- pected to result in abuse of a child in Indian country, the receiving agency shall imme- diately notify appropriate officials of the other agency of such report and shall also sub- mit, when prepared, a copy of the written re- port 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 re- port 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 par- ents or other person responsible for the child’s care; (D) the name and address of the alleged of- fender; (E) the name and address of the person who made the report to the agency; (F) a brief narrative as to the nature and ex- tent of the child’s injuries, including any pre- viously 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 be- lieves 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 re- ceives a report alleging abuse described in sec- tion 3202(3) 1 of this title shall immediately ini- tiate an investigation of such allegation and shall take immediate, appropriate steps to se- cure 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 pro- tective services agency, such agency shall pre- pare a final written report on such allegation. (d) Confidentiality of informant The identity of any person making a report described in subsection (b)(1) shall not be dis- closed, without the consent of the individual, to any person other than a court of competent ju- risdiction 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. (Pub. L. 101–630, title IV, § 404, Nov. 28, 1990, 104 Stat. 4547.) Editorial Notes 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 re- flect the probable intent of Congress. 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. § 3204. Central registry (a) Preparation of study The Secretary, in consultation with the Sec- retary 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 es- tablishment 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) shall include, but shall not be limited to— (1) the need for, and purpose of, a Central Register; (2) the examination of due process implica- tion 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 infor- mation from the register; (5) the types, and duration of maintenance, of information in the register; and (6) the classes of persons who should be cov- ered by such register. (c) Submission to Congress The Secretary shall complete the study con- ducted pursuant to this section and shall submit such study, together with recommendations and draft legislation to implement such rec- ommendations, to the Congress within 180 days after November 28, 1990. (Pub. L. 101–630, title IV, § 405, Nov. 28, 1990, 104 Stat. 4549.) § 3205. Confidentiality Pursuant to section 552a of title 5, the Family Educational Rights and Privacy Act of 1974 (20