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

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