25 U.S.C. § 3207 — Character investigations

Page 562 TITLE 25—INDIANS § 3206 1 So in original. Probably should be ‘‘advice’’. 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 Govern- ment that need to know the information in per- formance of their duties. For purposes of this section, Indian tribal governments shall be treated the same as other Federal Government entities. (Pub. L. 101–630, title IV, § 406, Nov. 28, 1990, 104 Stat. 4550.) Editorial Notes 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. § 3206. Waiver of parental consent (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 with- out 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 pro- tective 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 ob- taining 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 con- ducted under such circumstances and with such safeguards as are designed to minimize addi- tional trauma to the child and, where time per- mits, 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 multi- disciplinary team established pursuant to sec- tion 3209 of this title. (d) Court orders Upon a finding of reasonable suspicion that an Indian child has been the subject of abuse in In- dian country, a Federal magistrate judge or United States District Court may issue an order enforcing any provision of this section. (Pub. L. 101–630, title IV, § 407, Nov. 28, 1990, 104 Stat. 4550; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Statutory Notes and Related Subsidiaries 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. § 3207. Character investigations (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 stand- ards 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 posi- tions 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, con- tact or prostitution; crimes against persons; or offenses committed against children. (c) Investigations by Indian tribes and tribal or- ganizations Each Indian tribe or tribal organization that receives funds under the Indian Self-Determina- tion and Education Assistance Act [25 U.S.C. 5301 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 char- acter, no less stringent than those prescribed under subsection (a), as the Indian tribe or tribal organization shall establish. (d) By tribal social services agency for foster care placements in tribal court proceedings (1) Definitions In this subsection: (A) Covered individual The term ‘‘covered individual’’ includes— (i) any individual 18 years of age or older; and (ii) any individual who the tribal social services agency determines is subject to a criminal records check under paragraph (2)(A). (B) Foster care placement The term ‘‘foster care placement’’ means any action removing an Indian child from a Page 563 TITLE 25—INDIANS § 3207 1 So in original. Probably should be ‘‘commence;’’. parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator if— (i) the parent or Indian custodian cannot have the child returned on demand; and (ii)(I) parental rights have not been ter- minated; or (II) parental rights have been terminated but the child has not been permanently placed. (C) Indian custodian The term ‘‘Indian custodian’’ means any Indian— (i) who has legal custody of an Indian child under tribal law or custom or under State law; or (ii) to whom temporary physical care, custody, and control has been transferred by the parent of the child. (D) Parent The term ‘‘parent’’ means— (i) any biological parent of an Indian child; or (ii) any Indian who has lawfully adopted an Indian child, including adoptions under tribal law or custom. (E) Tribal court The term ‘‘tribal court’’ means a court— (i) with jurisdiction over foster care placements; and (ii) that is— (I) a Court of Indian Offenses; (II) a court established and operated under the code or custom of an Indian tribe; or (III) any other administrative body of an Indian tribe that is vested with au- thority over foster care placements. (F) Tribal social services agency The term ‘‘tribal social services agency’’ means the agency of an Indian tribe that has the primary responsibility for carrying out foster care licensing or approval (as of the date on which the proceeding described in paragraph (2)(A) commences) for the Indian tribe. (2) Criminal records check before foster care placement (A) In general Except as provided in paragraph (3), no fos- ter care placement shall be finally approved and no foster care license shall be issued until the tribal social services agency— (i) completes a criminal records check of each covered individual who resides in the household or is employed at the institu- tion in which the foster care placement will be made; and (ii) concludes that each covered indi- vidual described in clause (i) meets such standards as the Indian tribe shall estab- lish in accordance with subparagraph (B). (B) Standards of placement The standards described in subparagraph (A)(ii) shall include— (i) requirements that each tribal social services agency described in subparagraph (A)— (I) perform criminal records checks, in- cluding fingerprint-based checks of na- tional crime information databases (as defined in section 534(f)(3) of title 28); (II) check any abuse registries main- tained by the Indian tribe; and (III) check any child abuse and neglect registry maintained by the State in which the covered individual resides for information on the covered individual, and request any other State in which the covered individual resided in the pre- ceding 5 years, to enable the tribal social services agency to check any child abuse and neglect registry maintained by that State for such information; and (ii) any other additional requirement that the Indian tribe determines is nec- essary and permissible within the existing authority of the Indian tribe, such as the creation of voluntary agreements with State entities in order to facilitate the sharing of information related to the per- formance of criminal records checks. (C) Results Except as provided in paragraph (3), no fos- ter care placement shall be ordered in any proceeding described in subparagraph (A) if an investigation described in clause (i) of that subparagraph reveals that a covered in- dividual described in that clause has been found by a Federal, State, or tribal court to have committed any crime listed in clause (i) or (ii) of section 671(a)(20)(A) of title 42. (3) Emergency placement Paragraph (2) shall not apply to an emer- gency foster care placement, as determined by a tribal social services agency. (4) Recertification of foster homes or institu- tions (A) In general Not later than 2 years after June 3, 2016, each Indian tribe shall establish procedures to recertify homes or institutions in which foster care placements are made. (B) Contents The procedures described in subparagraph (A) shall include, at a minimum, periodic in- tervals at which the home or institution shall be subject to recertification to en- sure— (i) the safety of the home or institution for the Indian child; and (ii) that each covered individual who re- sides in the home or is employed at the in- stitution is subject to a criminal records check in accordance with this subsection, including any covered individual who— (I) resides in the home or is employed at the institution on the date on which the procedures established under sub- paragraph (A) commences; 1 and (II) did not reside in the home or was not employed at the institution on the date on which the investigation de- Page 564 TITLE 25—INDIANS § 3208 scribed in paragraph (2)(A)(i) was com- pleted. (C) Guidance issued by the Secretary The procedures established under subpara- graph (A) shall be subject to any regulation or guidance issued by the Secretary that is in accordance with the purpose of this sub- section. (5) Guidance Not later than 2 years after June 3, 2016, and after consultation with Indian tribes, the Sec- retary shall issue guidance regarding— (A) procedures for a criminal records check of any covered individual who— (i) resides in the home or is employed at the institution in which the foster care placement is made after the date on which the investigation described in paragraph (2)(A)(i) is completed; and (ii) was not the subject of an investiga- tion described in paragraph (2)(A)(i) before the foster care placement was made; (B) self-reporting requirements for foster care homes or institutions in which any cov- ered individual described in subparagraph (A) resides if the head of the household or the operator of the institution has knowl- edge that the covered individual— (i) has been found by a Federal, State, or tribal court to have committed any crime listed in clause (i) or (ii) of section 671(a)(20)(A) of title 42; or (ii) is listed on a registry described in clause (II) or (III) of paragraph (2)(B)(i); (C) promising practices used by Indian tribes to address emergency foster care placement procedures under paragraph (3); and (D) procedures for certifying compliance with this chapter. (Pub. L. 101–630, title IV, § 408, Nov. 28, 1990, 104 Stat. 4551; Pub. L. 106–568, title VIII, § 814, Dec. 27, 2000, 114 Stat. 2918; Pub. L. 114–165, § 2, June 3, 2016, 130 Stat. 415.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination and Education Assist- ance Act, referred to in subsec. (c), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. The Tribally Controlled Schools Act of 1988, referred to in subsec. (c), is part B (§§ 5201–5212) of title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, which is classified generally to chapter 27 (§ 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. This chapter, referred to in subsec. (d)(5)(D), 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 Pro- tection and Family Violence Prevention Act, which is classified principally to this chapter, to reflect the probable intent of Congress. For complete classifica- tion of title IV to the Code, see Short Title note set out under section 3201 of this title and Tables. AMENDMENTS 2016—Subsec. (d). Pub. L. 114–165 added subsec. (d). 2000—Subsec. (b). Pub. L. 106–568 substituted ‘‘any fe- lonious offense, or any of two or more misdemeanor of- fenses,’’ for ‘‘any offense’’ and ‘‘crimes against persons; or offenses committed against children’’ for ‘‘or crimes against persons’’. § 3208. Indian Child Abuse Treatment Grant Pro- gram (a) Establishment The Service, in cooperation with the Bureau, shall establish an Indian Child Abuse Treatment Grant Program that provides grants to any In- dian tribe or intertribal consortium for the es- tablishment on Indian reservations of treatment programs for Indians who have been victims of child abuse or neglect. (b) Grant applications (1) Any Indian tribe or intertribal consortium, on its own or in partnership with an urban In- dian organization, may submit to the Service an application for a grant under subsection (a). (2) Any application submitted under paragraph (1)— (A) shall be in such form as the Service may prescribe; (B) shall be submitted to the Service on or before the date designated by the Service; 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 avail- able on the reservation, and (iv) the specific treatment concepts to be used under the program. (c) Culturally appropriate treatment In awarding grants under this section, the Service shall encourage the use of culturally ap- propriate treatment services and programs that respond to the unique cultural values, customs, and traditions of applicant Indian Tribes. (d) Grant administration and final report Each recipient of a grant awarded under sub- section (a) shall— (1) furnish the Service with such informa- tion as the Service may require to— (A) evaluate the program for which the grant is made, and (B) ensure that the grant funds are ex- pended for the purposes for which the grant was made, and (2) submit to the Service at the close of the term of the grant a final report which shall in- clude such information as the Service may re- quire. (e) Report Not later than 2 years after December 23, 2024, the Service shall submit a report to Congress on the award of grants under this section. The re- port shall contain— (1) a description of treatment and services for which grantees have used funds awarded under this section; and (2) any other information that the Service requires.