49–010 

Calendar No. 436 

109TH CONGRESS REPORT " ! SENATE 2d Session 109–255 

AMENDING THE INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT TO IDENTIFY AND REMOVE BARRIERS TO REDUCING 

CHILD ABUSE, TO PROVIDE FOR EXAMINATIONS OF CERTAIN CHILDREN, AND FOR OTHER PURPOSES 

MAY 18, 2006.—Ordered to be printed 

Mr. MCCAIN, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 1899] 

The Committee on Indian Affairs, to which was referred the bill, 

S. 1899, to amend the Indian Child Protection and Family Violence 

Prevention Act to identify and remove barriers to reducing child 

abuse, to provide for examinations of certain children, and for other 

purposes having considered the same, reports favorably thereon 

with an amendment in the nature of a substitute and recommends 

that the bill, as amended, do pass. 

PURPOSE

The bill to amend the Indian Child Protection and Family Violence Prevention Act of 2006 (S. 1899) provides for a five-year reauthorization of child abuse prevention and treatment programs and 

conforms the Act to other federal child abuse reporting and confidentiality laws. It enhances the ability of the Congress to identify 

the scope of child abuse and family violence in Indian Country and 

encourages inter-agency coordination between the Indian Health 

Service and public and private medical or treatment organizations 

in the treatment and examination of children through the use of 

telemedicine; and reauthorizes the Indian child sexual abuse treatment and the Indian child protection and family violence prevention grant programs. The bill also recognizes the role of the Attorney General in documenting and addressing incidents of felony 

child abuse in Indian Country. 


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1S. Rpt. 101–203 on S. 1783, November 13, 1989. 

BACKGROUND

Public Law 101–630, the Indian Child Protection and Family Violence Prevention Act, (hereafter, ‘‘the Act’’) was enacted in 1990. 

The Act addressed the findings of the Senate Select Committee on 

Indian Affairs and the Special Committee on Investigations that reports of child abuse in Indian Country were not properly investigated; that child abuse in Indian Country was perpetrated by federal employees with a known history of suspected child abuse; and 

that Indian tribes and the federal government lacked sufficient resources to treat children who had been abused.1

In 1989, the Special Committee on Investigations convened hearings after several federal employees were indicted abusing multiple 

Indian children over the course of several years. The hearings focused on three Indian reservations where large numbers of children were abused by federal government employees. The Special 

Committee found that, often, the perpetrator had been earlier removed or terminated from federal employment for suspected acts 

of child abuse and, in several instances, reports of the abuse were 

disclosed to administrators and local law enforcement who failed to 

respond appropriately. In some cases, the failure to act on these report resulted in the employee being hired to work with children in 

other Indian communities, which resulted in the continued abuse 

of Indian children. 

Further, the Special Committee and the Senate Select Committee on Indian Affairs found that Indian tribes lacked the mental 

health resources to appropriately treat victims of sexual abuse or 

to provide services to Indian communities affected by the abuse. 

The Act resulted in the first federal mandatory Indian child 

abuse reporting law with criminal penalties for the failure to report 

suspected abuse. It required the Bureau of Indian Affairs (hereafter ‘‘BIA’’), the Indian Health Service (hereafter ‘‘IHS’’), and Indian tribes receiving Indian Self-Determination and Education Assistance Act funds to conduct employee background checks on individuals who come into contact with children. The Act proposed to 

identify the scope of child abuse and family violence in Indian 

Country and to provide funds to Indian tribes for the mental health 

treatment of child sexual abuse and family violence victims. In addition, it encouraged cooperative investigation and prosecution activity to ensure that no further trauma was inflicted on children 

during the investigation and adjudication of child abuse crimes. 

A. REAUTHORIZATION OF THE ACT

In 1995, the Committee convened a hearing on the Act’s reauthorization. The Committee learned that neither the BIA nor the 

IHS had requested funding to implement child abuse prevention 

and treatment programs that were authorized by the Act. In addition, the BIA had not promulgated regulations for the administration of such programs or developed the Central Registry for reports 

or information on the abuse of children in Indian Country called 

for in the Act. Consequently, Indian tribes were left with inadequate resources to address child abuse. The reauthorization legislation, S. 441, became Public Law 104–16. 


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During the 108th Congress, S. 1601 was introduced to reauthorize the Act. A hearing was held on that bill and information was 

provided by the Administration and Indian tribes and organizations. The testimony largely revealed that child abuse treatment 

grants and programs continue to be administered in piecemeal 

fashion and with little consistency. In addition, a concern was 

raised that information about the rates of child abuse in Indian 

Country remains elusive due to the multiple jurisdictors with responsibility for responding to reports of abuse. Consequently, it is 

difficult for Indian tribes and the federal government adequately to 

measure the resources necessary to address the impact of child 

abuse in Indian Country. S. 1601 passed the Senate, but was not 

acted on by the House. 

B. SENATE BILL 1899

S. 1899 is intended to strengthen the law and provide a means 

to address the current lack of comprehensive data available on the 

extent of child abuse in Indian Country. The Committee believes 

that this data, including numeric reporting data, is critical to the 

Congress’ understanding of the scope of the problem and the degree 

of resources necessary to address it. S. 1899 encourages a collaborative effort between the responsible agencies and governments in 

collecting data on an annual basis. Finally, it requires annual reports to those Committees of the Congress that have oversight responsibility over agencies that respond to the effects of child abuse. 

1. Annual reports to the Congress 

The law currently requires local law enforcement immediately to 

submit reports of child abuse to the Federal Bureau of Investigation. This process was intended to ensure that reports of child 

abuse did not go unaddressed. Shortly after the law was enacted, 

the FBI began collecting this data on an annual basis. The Committee believes that the Congress would benefit from receiving an 

annual report of the numeric data currently generated pursuant to 

this provision of the law. See the attached letter from the FBI. 

Therefore, S. 1899 includes an amendment to require the FBI, in 

consultation with the Attorney General and the Secretary (who has 

some responsibility and oversight for federal and tribal law enforcement agencies in Indian Country), to submit annually this numeric 

data to the Congress. In addition, an amendment provides that the 

FBI shall keep this information in a manner accessible only to 

agencies that require such information to comply with the background check on employees pursuant to this law. 

The bill also provides an amendment for the collection of other 

types of child abuse information beyond that already collected by 

the FBI. The Committee believes that federal, tribal and local judicial, behavioral health and medical agencies that respond to incidents of child abuse in Indian Country have important data. The 

amendment requires a collaborative effort between the Indian 

tribes, the Secretary, the Secretary of Health and Human Services, 

the Attorney General and the Director of the FBI to coordinate the 

collection of comprehensive data, including criminal and civil child 

abuse allegations, federal and tribal prosecutions, sentencing patterns and recidivism rates, and to provide this information annually to the Congress. This information will enhance the Congress’ 


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understanding of the overall extent to which child abuse impacts 

federal, state and tribal investigation, prosecution and treatment 

resources in Indian Country. 

The Committee believes these two reports are not duplicative. 

Each report calls for a different type of data. The first contains 

only local law enforcement reports of alleged child abuse and is immediately accessible. The latter report is more comprehensive and 

inclusive of non-law enforcement agency information, including information only known by tribal governments. Consequently, this 

second study will take considerably longer to develop and thus, to 

report. The Committee believes that the Congress should have access to information that is readily available in order to expedite an 

appropriate response to this problem. To the extent that these reports can be combined at a later date, the Committee will amend 

this provision to accommodate such a request. 

2. Background character investigations 

The Committee received comments that some Indian tribes that 

were engaged in the foster care placement of children were duplicating investigation efforts pursuant to the Indian Child Protection 

law and other federal laws governing foster care and adoption 

placement. To avoid duplication of this effort, the bill as introduced 

has been amended to provide that an Indian tribe that conducts 

background checks on volunteers or potential volunteers under this 

Act are deemed to have met the requirements of any other federal 

law. 

3. Using telemedicine in the treatment and diagnosis of child abuse 

The Committee is aware that there is a lack of available professionals trained to diagnose and treat the sexual and physical abuse 

of children in Indian Country. This section recognizes that there is 

a level of training needed to appropriately diagnose and treat forms 

of child abuse. Not all physicians employed by the IHS are experienced in performing sexual assault examinations, particularly on 

children. However, given the placement of IHS and tribal facilities 

in Indian Country, physicians therein are routinely asked to perform such examinations and to render diagnosis and treatment and 

there is a great potential for missed diagnosis or inappropriate referral for investigation and services. Therefore, the bill contains an 

amendment that makes accessible through the use of telemedicine, 

experienced public and private medical and treatment agencies 

that specialize in the area of child abuse diagnosis and treatment 

to IHS Service areas and tribal facilities in rural or isolated communities. 

This specialized care (including the proper manner of examination and interview) is critical to minimize trauma to children who 

have been victimized. Ideally, such examinations should take place 

immediately after disclosure of abuse. The Committee is aware, 

however, that due to the current lack of resources, some children 

must wait to receive these services. They are routinely being transported hours away from their homes to be examined. The bill takes 

a conservative approach to the provision of such services by providing that isolated Indian communities receive priority in receiving such telemedicine services. 


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4. Major Crimes Act amendment 

Currently, the federal government has jurisdiction to investigate 

and prosecute specific acts of child sexual abuse in Indian Country 

pursuant to the Major Crimes Act. However, the federal government does not have jurisdiction to investigate or prosecute acts of 

child physical abuse or neglect unless they rise to the level of serious bodily injury or death. Given that child abuse or neglect is not 

a crime listed in the Major Crimes Act, these acts cannot be prosecuted using comparable state offenses. While Indian tribes have 

jurisdiction to investigate and prosecute acts of child abuse and neglect, their jurisdiction is limited to acts committed by or against 

an Indian and penalties of no more than one-year in custody and 

a $5000 fine. The Committee is concerned that a whole category of 

crimes against children is going unaddressed. Therefore, an amendment is added to the Major Crimes Act to criminalize acts of child 

abuse and neglect in Indian Country. This amendment is intended 

to close the gap that exists in addressing the full range of crimes 

that may be inflicted on children. The Committee encourages the 

federal government and the tribes to use Multi-Disciplinary Teams 

to determine how to proceed in adjudicating such crimes to avoid 

duplication of effort and to minimize the trauma to the child often 

associated with prolonged exposure to the judicial systems. 

LEGISLATIVE HISTORY

S. 1899 was introduced on October 20, 2005, by Senators 

McCain, Dorgan, Crapo and Inouye, and was referred to the Committee on Indian Affairs. On March 15, 2006, the Committee held 

a legislative hearing on S. 1899. The hearing addressed the need 

to reauthorize the Indian Child Protection and Family Violence 

Prevention Act and several key issues, including annual reports to 

the Congress, background character investigation, an amendment 

to the Major Crimes Act, and using Telemedicine in the treatment 

and diagnosis of child abuse. On March 29, 2006, S. 1899 was 

unanimously passed out of the Committee and ordered reported as 

amended. 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTE

On March 29, 2006, the Committee, in an open business session, 

considered S. 1899, and an amendment in the nature of a substitute and unanimously voted to have the substitute amendment 

favorably reported to the full Senate with a recommendation that 

the amendment do pass. 

SECTION-BY-SECTION ANALYSIS

Section 1 

Short title. Indian Child Protection and Family Violence Prevention Act Amendments of 2006. 

Section 2 

Sec. 402. Findings and purpose. 

A new finding is added which recognizes the role of the federal 

and state governments in investigating and prosecuting felony acts 

of child abuse in Indian Country and federal law. A new purpose 


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has been added to identify and remove impediments to the investigation and prosecution of acts of child abuse. 

Section 3 

Sec. 403. Definitions. 

Technical corrections and modifications are added to this section. 

The term ‘‘conviction’’ is defined with respect to an offense, as a formal judgment of guilty through a verdict by a judge or jury or a 

plea of guilty or nolo contendere, but does not include any formal 

judgment that has been expunged by pardon, reversed, set aside, 

or otherwise voided. The substitute amendment adds conforming 

and technical changes to this section. 

Section 4 

Sec. 404. Reporting procedures. 

An amendment to section 404 brings the Act into conformity with 

other federal child abuse reporting statutes to provide confidentiality protections for the child and to permit disclosure of information about the child only to those who need to know such information in investigating, treating or adjudicating child abuse. See Title 

18 United States Code Section 3509. 

The amendment to section 404 also requires the Federal Bureau 

of Investigation, in coordination with the Attorney General and the 

Secretary of the Interior, to annually report to appropriate Committees of Congress the number of child abuse incidents that have 

been reported to it by virtue of the original law. This amendment 

is intended to enhance the Congress’s understanding of the extent 

of child abuse in Indian Country. 

This section also requires the Secretary, in consultation with the 

Department of Health and Human Services and the Attorney General and the tribes, to gather other data relating to child abuse 

from the Indian tribes, federal and local law enforcement, criminal 

justice, behavioral health and medical agencies. This information 

has heretofore not been gathered or provided to the Congress and 

will permit the Administration and the Congress to determine the 

type of resources necessary to address child abuse and where to direct such resources. 

Section 5 

Repeals Sec. 405. Central registry. 

Removal of Barriers to Reducing Child Abuse. 

Section 405 is repealed and replaced with a new section. The central registry provision was repealed based on recommendation from 

the Bureau of Indian Affairs that due process concerns and developing a mechanism that requires tribal implementation created 

substantial obstacles. The replacement provision requires a federal 

study to identify factors that are impeding the reduction of child 

abuse in Indian Country. The substitute amendment adds conforming and technical changes to this section. 

Section 6 

Sec. 406. Confidentiality. 

Section 406 is amended to broaden the waiver of laws requiring 

confidentiality of records to permit agencies that investigate and 

treat child abuse to receive the otherwise confidential information 


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in the performance of their duties. The substitute amendment inserts the unpaid ‘‘volunteer’’ to the list of categories included in 

character investigations. 

Section 7 

Sec. 407. Waiver of parental consent. 

Section 407 specifies that no parental consent for forensic examinations is necessary if the reporting agency suspects a child has 

been abused. The substitute amendment adds a new provision 

which is intended to minimize additional trauma to the child who 

may have been subject to abuse by requiring, to the greatest degree 

possible, avoidance of multiple interviews in the examination and 

interview processes. 

Section 8 

Sec. 408. Character investigations. 

This section requires Department of the Interior and Department 

of Human and Health Services to conduct character investigations 

of individuals who work in voluntary positions where they have 

regular contact with children. The substitute amendment adds a 

new provision which is intended to remove redundancy in conducting background character investigations. The substitute deems 

that a character investigation under this subsection shall satisfy 

any requirement under any other federal law requiring background 

checks in connection with the placement of an Indian child in a 

tribally licensed or approved foster or adoptive home. The burden 

to show compliance with the law is on the agency seeking the waiver of such requirement from another agency. 

Section 9 

Sec. 409. Indian child sexual abuse treatment grant program. 

This section reauthorizes appropriations until 2011 at such sums 

as necessary. 

Section 10 

Sec. 410. Indian child resource and family services centers. 

Section 410 is amended to establish Regional rather than Area 

Offices of Indian Child Resource and Family Services Centers, and 

includes the Attorney General in the agencies permitted to participate in the service centers. The service centers are to provide services to victims and families who have suffered abuse or violence, 

and provide training for tribal staff in child sexual abuse investigation and treatment or post traumatic stress disorder treatment. 

The provision expands the lists of personnel appropriate for a 

multi-disciplinary team and reauthorizes appropriations until 2011 

at such sums as necessary. The substitute amendment adds conforming and technical changes to this section. 

Section 11 

Sec. 411. Indian child protection and family violence prevention 

program. 

Section 411 reauthorizes appropriations for the Indian Child Protection and Family Violence Prevention Program from 2007 

through 2011 at such sums as necessary. 


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These grants have heretofore not been provided. The Committee 

believes that these grants are necessary to provide Indian tribes 

with recurring prevention programs that focus on the dynamics of 

child and family violence. The Committee is aware that currently, 

Indian tribes piece together grants from various resources for prevention activity (e.g. child abuse prevention ribbons, designated 

month activity, etc.) that skim the surface of the problems that 

they seek to address. While these activities provide awareness, 

they do not provide tribes with on-going prevention efforts as envisioned by the law when it was first passed. The substitute amendment adds conforming and technical corrections to this section. 

Section 12 

Sec. 412. Use of Telemedicine. 

Section 412 is added to authorizes the Indian Health Service to 

enter into contracts or agreements with experienced private or public medical and treatment practitioners for the use of telemedicine 

in the treatment and diagnosis of Indian children. It requires the 

Indian Health Service to supplement existing telemedicine infrastructure and to give priority to rural and isolated Service Units 

or tribal health facilities. It also permits public and private agencies to seek assistance from the Indian Health Service in the treatment of Indian children. An authorization of appropriations is provided for 2007 through 2011 at such sums as necessary. 

The substitute amendment adds language to this section which 

is intended to clarify that access to any information or consultation 

on the treatment of Indian children who have, or may have, been 

subject to abuse or neglect, is limited to purposes of telemedicine 

services addressed in this section. 

Section 13 

Conforming Amendments. 

Section 413 amends Title 18 U.S.C. § 1169 to broaden the class 

of people required to report child abuse to include foster parents 

and volunteers thus bringing the Act into conformity with other 

federal child abuse reporting statutes. See Title 42 United States 

Code Section 13031. The substitute amendment adds ‘‘felony child 

neglect’’ to the list of offenses in the Major Crimes Act (18 U.S.C. 

1153(a)) and makes other technical corrections to this section. 

COST AND BUDGETARY CONSIDERATIONS

The Congressional Budget Office has calculated the cost estimate 

for S. 1899 as follows: 

S. 1899—Indian Child Protection and Family Violence Prevention 

Act Amendments of 2006 

Summary: S. 1899 would authorize appropriations to operate Bureau of Indian Affairs (BIA) and Indian Health Service (IHS) programs aimed at preventing abuse of Indian children. CBO estimates that implementing S. 1899 would cost about $350 million 

over the 2007–2011 period, assuming appropriation of the necessary amounts. 

S. 1899 would prohibit local law enforcement or child protection 

agencies from disclosing names or other information about abused 

children to entities that are not involved in preventing or treating 


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child abuse. While this prohibition is an intergovernmental mandate as defined in the Unfunded Mandates Reform Act (UMRA) because it would restrict the authority of local government agencies, 

CBO estimates that it would impose no costs on state, local, or tribal governments. Therefore, the threshold established in UMRA 

($64 million in 2006, adjusted annually for inflation) would not be 

exceeded. The bill contains no private-sector mandates as defined 

in UMRA. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1899 is shown in the following table. The cost 

of this legislation falls within budget functions 450 (community and 

regional development) and 550 (health). 

By fiscal year, in millions of dollars— 

2007 2008 2009 2010 2011 

Indian Child Abuse Treatment Grants: 

Estimated Authorization Level ............................................................. 12 12 12 13 13 

Estimated Outlays ................................................................................ 6 9 12 12 13 

Indian Child Resource and Family Service Centers: 

Estimated Authorization Level ............................................................. 6 6 6 6 7 

Estimated Outlays ................................................................................ 5 6 6 6 7 

Indian Child Protection and Family Violence Protection Program: 

Estimated Authorization Level ............................................................. 42 43 44 45 46 

Estimated Outlays ................................................................................ 32 43 44 45 46 

Use of Telemedicine: 

Estimated Authorization Level ............................................................. 23 7 7 7 7 

Estimated Outlays ................................................................................ 9 14 8 7 7 

Other Provisions: 

Estimated Authorization Level ............................................................. 2 2 2 2 2 

Estimated Outlays ................................................................................ 2 2 2 2 2 

Total Changes: 

Estimated Authorization Level .................................................... 85 70 71 73 75 

Estimated Outlays ....................................................................... 54 74 72 72 75 

Basis of estimate: For this estimate, CBO assumes that S. 1899 

will be enacted in 2006, that the necessary amounts will be provided for each year, and that spending will follow historical patterns for similar programs. S. 1899 would authorize appropriations 

to operate BIA and IHS programs aimed at preventing abuse of Indian children. Based on information from the two agencies, CBO 

estimates that implementing S. 1899 would cost about $350 million 

over the 2007–2011 period to operate programs that would be authorized under the bill. 

Indian child abuse treatment grants 

Section 9 would authorize the appropriation of such sums as necessary for fiscal years 2007 through 2011 to provide grants to Indian tribes to treat child abuse. The grants would be administered 

by the IRS. Based on the level of spending previously authorized 

for this activity (which has not been previously funded), CBO estimates that implementing the grant program would cost $6 million 

in 2007 and $52 million over the 2007–2011 period, assuming appropriation of the necessary funds. 

Indian Child Resource and Family Services Centers 

Section 10 would authorize the appropriation of such sums as are 

necessary for fiscal years 2007 through 2011 for Indian Child Resource and Family Services Centers. The legislation would estabVerDate Aug 31 2005 16:34 May 23, 2006 Jkt 049010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR255.XXX SR255

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lish regional centers to provide services to victims and families who 

have suffered abuse or violence and provide training to tribal staff 

regarding family violence, child abuse, and child neglect. Based on 

information from BIA, CBO estimates that implementing this section would cost about $6 million a year to staff such centers, assuming appropriation of the necessary amounts. 

Indian child protection and family violence prevention program 

Section 11 would authorize the appropriation of such sums as are 

necessary for fiscal years 2007 through 2011 for the BIA to provide 

grants to tribes to establish child protection and family violence 

prevention programs. This would include on-reservation treatment 

and prevention programs for both child abuse and neglect as well 

as family violence. The grants could be used to purchase equipment, employ and train staff, and provide shelter. Although authorized at $30 million annually over the 1992–1997 period, no funds 

have been appropriated for these grants. Based on information 

from BIA, CBO estimates that implementing this section would 

cost about $32 million in 2007 and $210 million over the 2007– 

2011 period to establish and operate these programs. 

Use of telemedicine 

Section 12 would authorize the appropriation of such sums as are 

necessary for fiscal years 2007 through 2011 for IRS to use telemedicine (the transfer of medical information via electronic communication) to better diagnose and treat child abuse. Based on information from IRS, CBO estimates that implementing this section 

would cost about $9 million in 2007 and $45 million over the 2007– 

2011 period for new equipment, staff, and training. 

Other provisions 

The legislation includes provisions that would add new reporting 

requirements and administrative costs for federal agencies that 

oversee Indian child abuse. Based on information from the agencies 

about the costs of similar services, CBO estimates that implementing those provisions would cost $2 million annually. 

Estimated impact on State, local, and tribal governments: S. 

1899 would prohibit local law enforcement or child protection agencies from disclosing names or other information about abused children to entities that are not involved in preventing or treating 

child abuse. While this prohibition is an intergovernmental mandate as defined in UMRA because it would restrict the authority 

of local government agencies, CBO estimates that it would impose 

no costs on state, local, or tribal governments. Therefore, the 

threshold established in UMRA ($64 million in 2006, adjusted annually for inflation) would not be exceeded. 

Estimated impact on the private sector: The bill contains no private-sector mandates as defined in UMRA. 

Estimate prepared by: Federal Costs: Matthew Pickford and Eric 

Rollins. Impact on State, Local, and Tribal Governments: Leo Lex. 

Impact on the Private Sector: Jennifer Doleac. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 


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REGULATORY AND PAPERWORK IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires that each report accompanying a bill to evaluate the 

regulatory and paperwork impact that would be incurred in carrying out the bill. The Committee concludes that S. 1899 will reduce regulatory or paperwork requirements and impacts. 

EXECUTIVE COMMUNICATIONS

The Chairman and Vice Chairman of the Committee sent letters 

to the Federal Bureau of Investigation, the Indian Health Service 

and the Bureau of Indian Affairs, requesting information on each 

agencies’ implementation of the law. A copy of each letter and its 

respective response is attached. 


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CHANGES IN EXISTING LAW

In compliance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

1899, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new language to 

be added in italic, existing law to which no change is proposed is 

shown in roman): 

INDIAN CHILD PROTECTION AND FAMILY VIOLENCE 

PREVENTION ACT 

PUBLIC LAW 101–630 

25 U.S.C. § 3201 

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— 

* * * * * * * 

(E) the Federal Government and certain State governments are responsible for investigating and prosecuting certain felony crimes, including child abuse, in Indian Country, pursuant to chapter 53 of title 18, United States Code; 

ø(E)¿ (F) 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 

ø(F)¿ (G) 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 øtwo¿ the 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 øand¿; 

(B) provide funds for mental health treatment for Indian 

victims of child abuse and family violence on Indian 

reservationsø,¿; and 

(C) identify and remove any impediment to the immediate investigation of incidents of child abuse in Indian 

Country. 

(b) PURPOSE.—The purposes of this title are to— 

(1) * * * 

ø(3) authorize such other actions as are necessary to ensure 

effective child protection in Indian Country¿ 

(3) provide for a background investigation for any employee 

or volunteer who has access to children; 

* * * * * * * 


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(6) establish Indian Child Resource and Family Services 

Centers in each Bureau of Indian Affairs øArea Office¿ Regional 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; 

* * * * * * * 

25 U.S.C. § 3202 

25 U.S.C. § 3202. DEFINITIONS. 

For the purposes of this title, the term— 

* * * * * * * 

(6) ‘final conviction’ means the final judgment on a verdict or 

finding of guilty, a plea of guilty, or a plea of nolo contendere, 

but does not include a final judgment that has been expunged 

by pardon, reversed, set aside, or otherwise rendered void;’’ 

ø(6)¿ (7) ‘‘Indian’’ means any individual who is a member of 

an Indian tribe; 

ø(7)¿ (8) ‘‘Indian child’’ has the meaning given to such term 

by section 4(4) of the Indian Child Welfare Act of 1978 (25 

U.S.C. 1903(4)); 

ø(8)¿ (9) ‘‘Indian Country’’ has the meaning given to such 

term by section 1151 of title 18, United States Code; 

ø(9)¿ (10) ‘‘Indian reservation’’ means any Indian reservation, public domain Indian allotment, former Indian reservation in Oklahoma, or lands held by incorporated Native groups, 

regional corporations, or village corporations under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 

1601 et seq.); 

ø(10)¿ (11) ‘‘Indian tribe’’ and ‘‘tribal organization’’ have the 

respective meanings given to each of such terms under section 

4 of the Indian Self-Determination and Education Assistance 

Act (25 U.S.C. 450b); 

ø(11)¿ (12) ‘‘inter-tribal consortium’’ means a partnership between— 

(A) an Indian tribe or tribal organization of an Indian 

tribe, and 

(B) one or more Indian tribes or tribal organizations of 

one or more other Indian tribes; 

ø(12)¿ (13) ‘‘local child protective services agency’’ means 

øthat agency of the Federal Government, of a State, or of an 

Indian tribe¿ the Federal, State or tribal agency that has the 

primary responsibility for child protection on any Indian reservation or within any community in Indian Country; 

ø(13)¿ (14) ‘‘local law enforcement agency’’ means that Federal, tribal, or State law enforcement agency (including a tribal 

law enforcement agency operating pursuant to a grant, contract 

or compact under the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 450 et seq.)) that has the primary responsibility for the investigation of an instance of alleged child 

abuse within the portion of Indian Country involved; 


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ø(14)¿ (15) ‘‘persons responsible for a child’s welfare’’ 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 children’s residential 

facility, and 

(B) any person providing out-of-home care, education, or 

services to children; 

ø(15)¿ (16) ‘‘related assistance’’— 

(A) includes counseling and self-help services to abusers, 

victims, and dependents in family violence situations 

(which shall include counseling of all family members to 

the extent feasible) and referrals for appropriate healthcare services (including alcohol and drug abuse treatment), 

and 

(B) may include food, clothing, child care, transportation, 

and emergency services for victims of family violence and 

their dependents; 

ø(16)¿ (17) ‘‘Secretary’’ means the Secretary of the Interior; 

ø(17)¿ (18) ‘‘shelter’’ means the provision of temporary refuge 

and related assistance in compliance 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 violence or their dependents; øand¿ 

ø(18)¿ (19) ‘‘Service’’ means the Indian Health Service of the 

Department of Health and Human Servicesø.¿; and 

(20) ‘‘telemedicine’’ means a telecommunications link to an 

end user through the use of eligible equipment that electronically links health professionals or patients and health professionals at separate sites in order to exchange health care information in audio, video, graphic, or other format for the purpose 

of providing improved health care diagnosis and treatment. 

25 U.S.C. § 3203 

25 U.S.C. § 3203. REPORTING PROCEDURES. 

* * * * * * * 

(c) WRITTEN REPORT OF CHILD ABUSE.— 

ø(1) Within¿ (1) IN GENERAL.—Not later than 36 hours after 

receiving an initial report described in subsection (b), the receiving agency shall prepare a written report which shall include, if available— 

* * * * * * * 

ø(2)(A) Any¿ (2) INVESTIGATION OF REPORTS.— 

(A) IN GENERAL.—Any local law enforcement agency or 

local child protective services agency that receives a report 

alleging abuse described in section 403(3) shall immediately initiate an investigation of such allegation and 

shall take immediate, appropriate steps to secure the safety and well-being of the child or children involved. 

ø(B) Upon¿ (B) FINAL WRITTEN REPORT.—On completion 

of the investigation of any report of alleged abuse that is 

made to a local law enforcement agency or local child protective services agency, such agency shall prepare a final 

written report on such allegation including any Federal, 


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28 

State, or tribal final conviction, and provide to the Federal 

Bureau of Investigation a copy of the report. 

(C) MAINTENANCE OF FINAL REPORTS.—The Federal Bureau of Investigation shall maintain a record of each written report submitted under this subsection or subsection (b) 

in a manner in which the report is accessible to— 

(i) a local law enforcement agency that requires the 

information to carry out an official duty; and 

(ii) any agency requesting the information under section 408. 

(D) REPORT TO CONGRESS.—Not later than 1 year after 

the date of enactment of this subsection, and annually 

thereafter, the Director of the Federal Bureau of Investigation, in coordination with the Secretary and the Attorney 

General, shall submit to the Committees on Indian Affairs 

and the Judiciary of the Senate and the Committees on Resources and the Judiciary of the House of Representatives 

a report on child abuse in Indian Country during the preceding year. 

(E) COLLECTION OF DATA.—Not less frequently than once 

each year, the Secretary, in consultation with the Secretary 

of Health and Human Services, the Attorney General, the 

Director of the Federal Bureau of Investigation, and any 

Indian tribe, shall— 

(i) collect any information concerning child abuse in 

Indian Country (including reports under subsection 

(b)), including information relating to, during the preceding calendar year— 

(I) the number of criminal and civil abuse allegations and investigations in Indian Country; 

(II) the number of child abuse prosecutions referred, declined or deferred in Indian Country; 

(III) the number of child victims who are the 

subject of reports of child abuse in Indian Country; 

(IV) sentencing patterns of individuals convicted 

of child abuse in Indian Country; and 

(V) rates of recidivism with respect to child 

abuse in Indian Country; and 

(ii) to the maximum extent practicable, reduce the 

duplication of information collection under clause (i); 

and 

* * * * * * * 

(e) CONFIDENTIALITY OF CHILDREN.—No local law enforcement 

agency or local child protective services agency shall disclose the 

name of, or information concerning, the child to anyone other 

than— 

(1) a person who, by reason of the participation of the person 

in the treatment of the child or the investigation or adjudication 

of the allegation, needs to know the information in the performance of the duties of the individual; or 

(2) an officer of any other Federal, State, or tribal agency that 

requires the information to carry out the duties of the officer 

under section 406. 

(f) REPORT.—Not later than 1 year after the date of enactment of 

this subsection, and annually thereafter, the Secretary shall submit 


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29 

to the Committees on Indian Affairs and the Judiciary of the Senate 

and the Committees on Resources and the Judiciary of the House 

of Representatives a report on child abuse in Indian Country during 

the preceding year. 

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated such sums as are necessary to carry out this section 

for each of fiscal years 2007 through 2011. 

25 U.S.C. § 3204 

25 U.S.C. § 3204. øCENTRAL REGISTRY.¿ 

ø(a) PREPARATION OF STUDY.—The Secretary, in consultation 

with the Secretary 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 establishment of a Central Register for reports or information on the 

abuse of children in Indian Country. 

ø(b) CONTENT OF STUDY.—The study conducted pursuant to subsection (a) shall include, but shall not be limited to— 

ø(1) the need for, and purpose of, a Central Register; 

ø(2) the examination of due process implication of the maintenance of such a register; 

ø(3) the extension of access to information contained in the 

register; 

ø(4) the need and process for expunging information from the 

register; 

ø(5) the types, and duration of maintenance, of information 

in the register; and 

ø(6) the classes of persons who should be covered by such 

register. 

ø(c) SUBMISSION TO CONGRESS.—The Secretary shall complete 

the study conducted pursuant to this section and shall submit such 

study, together with recommendations and draft legislation to implement such recommendations, to the Congress within 180 days 

after the date of enactment of this title.¿ 

REMOVAL OF IMPEDIMENTS TO REDUCING CHILD 

ABUSE. 

(a) STUDY.—The Secretary, in consultation with the Attorney General and the Service, shall conduct a study under which the Secretary shall identify any impediment to the reduction of child abuse 

in Indian Country and on Indian reservations. 

(b) INCLUSIONS.—The study under subsection (a) shall include a 

description of— 

(1) any impediment, or recent progress made with respect to 

removing impediments, to reporting child abuse in Indian 

Country; 

(2) any impediment, or recent progress made with respect to 

removing impediments, to Federal, State, and tribal investigations and prosecutions of allegations of child abuse in Indian 

Country; and 

(3) any impediment, or recent progress made with respect to 

removing impediments, to the treatment of child abuse in Indian Country. 


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30 

(c) REPORT.—No later than 18 months after the date of enactment 

of the Indian Child Protection and Family Violence Prevention Act 

Amendments of 2006, the Secretary shall submit to the Committees 

on Indian Affairs and the Judiciary of the Senate and the Committees on Resources and the Judiciary of the House of Representatives, 

a report describing— 

(1) the findings of the study under this section; and 

(2) recommendations for legislative actions, if any, to reduce 

instances of child abuse in Indian Country.’’. 

25 U.S.C. § 3205 

25 U.S.C. § 3205. CONFIDENTIALITY. 

øPursuant to section 552a of title 5, United States Code, the 

Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 

1232g) or Section 264 of title 42, the Health Insurance Portability 

and Accountability Act (42 U.S.C. 1320d), or 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 Government that need to know the information in performance of their duties. For purposes of this section, 

Indian tribal governments shall be treated the same as other Federal Government entities.¿ 

(a) IN GENERAL.—Not withstanding any other provision of law, 

any Federal, State, or tribal government agency that treats or investigates incidents of child abuse may provide information and 

records to an officer of any other Federal, State, or tribal government agency that requires the information to carry out the duties of 

the officer, in accordance with section 552a of title 5, United States 

Code, section 361 of the Public Health Service Act (42 U.S.C. 264), 

the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 

1232g), part C of title XI of the Social Security Act (42 U.S.C. 1320d 

et seq.), and other applicable Federal law. 

(b) TREATMENT OF INDIAN TRIBES.—For purposes of this section, 

an Indian tribal government shall be considered to be an entity of 

the Federal Government. 

25 U.S.C. § 3206 

25 U.S.C. § 3206. WAIVER OF PARENTAL CONSENT. 

(a) EXAMINATIONS AND INTERVIEWS.—Photographs, x-rays, medical examinations, psychological or forensic examinations, and 

interviews of an Indian child alleged to have been subject to abuse 

in Indian Country shall be allowed without parental consent if local 

child protective services or local law enforcement officials have reason to believe the child has been subject to abuse. 

* * * * * * * 

ø(c) PROTECTION OF CHILD.—Examinations and interviews of a 

child who may have been the subject of abuse shall be conducted 

under such circumstances and with such safeguards as are designed to minimize additional trauma to the child and, where time 

permits, shall be conducted with the advise, or under the guidance, 

of a local multidisciplinary team established pursuant to section 


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411 or, in the absence of a local team, a multidisciplinary team established pursuant to section 410.¿ 

(c) PROTECTION OF CHILD.—Any examination or interview of a 

child who may have been the subject of child abuse shall— 

(1) be conducted under such circumstances and using such 

safeguards as are necessary to minimize additional trauma to 

the child; 

(2) avoid, to the maximum extent practicable, subjecting the 

child to multiple interviews during the examination and interview processes; and 

(3) as time permits, be conducted using advice from, or under 

the guidance of— 

(A) a local multidisciplinary team established under section 411; or 

(B) if a local multidisciplinary team is not established 

under section 411, a multidisciplinary team established 

under section 410. 

25 U.S.C. § 3207 

25 U.S.C. § 3207. CHARACTER INVESTIGATIONS. 

(a) The Secretary and the Secretary of Health and Human Services shall— 

(1) compile a list of all authorized positions, including any 

voluntary position, within their respective departments the duties and responsibilities of which involve regular contact with, 

or control over, Indian childrenø,¿; 

(2) conduct an investigation of the character of each individual 

who is employed, or is being considered for employment (including 

in a volunteer capacity) by the respective Secretary in a position 

listed pursuant to paragraph (1)ø, and¿; and 

* * * * * * * 

(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) 

of this section have been found guilty of, or entered a plea on nolo 

contendere or øguilty 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.¿ guilty to, any felony offense under Federal, State, or tribal law, or 2 or more misdemeanor offenses under 

Federal, State, or tribal law, involving— 

(1) a crime of violence; 

(2) sexual assault; 

(3) child abuse; 

(4) molestation; 

(5) child sexual exploitation; 

(6) sexual contact; 

(7) child neglect; 

(8) prostitution, or 

(9) another offense against a child. 

* * * * * * * 


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32 

(d) EFFECT ON CHILD PLACEMENT.—An Indian tribe that certifies 

that the tribe has conducted an investigation under this section 

shall be considered to have satisfied the background investigation 

requirements of any Federal law requiring such an investigation for 

the placement of an Indian child in a tribally-licensed or triballyapproved foster or adoptive home, or an institution. 

25 U.S.C. § 3208 

25 U.S.C. § 3208. INDIAN CHILD ABUSE TREATMENT 

GRANT PROGRAM. 

* * * * * * * 

ø(e) there is hereby authorized to be appropriated to carry out the provisions of this section $10,000,000 for each of the fiscal 

years 1992, 1993, 1994, 1995, 1996, and 1997.¿ 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated such sums as are necessary to carry out this section 

for each of fiscal years 2007 through 2011. 

25 U.S.C. § 3209 

25 U.S.C. § 3209. INDIAN CHILD RESOURCE AND FAMILY 

SERVICES CENTERS. 

(a) ESTABLISHMENT.—The Secretary shall establish within each 

øarea office¿ Regional Office of the Bureau an Indian Child Resource and Family Services Center. 

(b) MEMORANDUM OF AGREEMENT.—øThe Secretary and the Secretary of Health and Human Services¿ The Secretary, the Secretary 

of Health and Human Services, and the Attorney General shall 

enter into a Memorandum of Agreement which provides for the 

staffing of the Centers established under this section. 

* * * * * * * 

(d) CENTER RESPONSIBILITY AND FUNCTIONS.— 

* * * * * * * 

(4) develop recommendations to assist Federal, State, and 

tribal personnel to respond to cases of family violence, child 

abuse, and child neglect; and 

(5) develop policies and procedures for each øagency office¿ 

Regional Office of the Bureau and service unit of the Service 

within the area which, to the extent feasible, comply with tribal laws pertaining to cases of family violence, child abuse, and 

child neglect, including any criminal laws, and which provide 

for maximum cooperation with the enforcement of such laws. 

(e) MULTIDISCIPLINARY TEAM PERSONNEL.—Each multidisciplinary team established under this section shall include, but is not 

limited to, personnel with a background in— 

(1) law enforcementø,¿; 

(2) child protective servicesø,¿; 

ø(3) juvenile counseling and adolescent mental health, and¿ 

(3) adolescent mental and behavioral health (including suicide 

prevention and treatment); 

(4) domestic violence and sexual assaultø.¿; 

(5) criminal prosecution; and 

(6) medicine. 


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33 

(f) CENTER ADVISORY BOARD.—øThe Secretary in consultation 

with the Secretary of Health and Human Services¿ 

(1) ESTABLISHMENT.—The secretary, in consultation with the 

Service and the Attorney General, shall establish, for each Indian Child Resource and Family Services Center, an advisory 

board to advise and assist such Center in carrying out its activities under this Chapter. øEach¿ 

(2) MEMBERSHIP.—Each advisory board øshall consist of 7 

members¿ shall be appointed by the Secretary from Indian 

tribes and human service providers served by an area office of 

the Bureau. øMembers¿ 

(3) COMPENSATION.—Members shall serve without compensation, but may be reimbursed for travel and other expenses 

while carrying out the duties of the board. øThe advisory¿ 

(4) DUTIES.—Each advisory board shall assist the Center in 

coordinating programs, identifying training materials, and developing policies and procedures relating to family violence, 

child abuse, and child neglect. 

(g) APPLICATION OF THE INDIAN SELF-DETERMINATION ACT TO

CENTERS.—øIndian Child¿ 

(1) IN GENERAL.—Indian Child Resource and Family Services 

Centers established under subsection (a) shall be subject to the 

provisions of the Indian Self-Determination øAct¿ and Education Assistance Act (25 U.S.C. 450 et seq.). øIf a Center is located in an area office of the Bureau which serves more than 

one Indian tribe, any application to enter into a contract to operate the Center pursuant to such Act must have the consent 

of each of the other tribes to be served under the contract, except that, in the Juneau Area Alaska Region, only the consent 

of such tribes or tribal consortia that are engaged in contracting of Indian Child Protection and Family Violence Prevention programs pursuant to such Act shall be required.¿ 

(2) CERTAIN REGIONAL OFFICES.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), if a Center is located in a Regional Office of the Bureau that serves more than 1 Indian tribe, an application 

to enter into a grant, contract or compact under the Indian 

Self-Determination and Education Assistance Act (25 

U.S.C. 450 et seq.) to operate the Center shall contain a 

consent form signed by an official of each Indian tribe to 

be served under the grant, contract or compact. 

(B) ALASKA REGION.—Notwithstanding subparagraph 

(A), for Centers located in the Alaska Region, an application to enter into a grant, contract, or compact described in 

that subparagraph shall contain a consent form signed by 

an official of each Indian tribe or tribal consortium that is 

a member of a grant, contract, or compact relating to an 

Indian child protection and family violence prevention program under the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 450 et seq.) øThis section¿ 

(3) EFFECT OF SECTION.—This section shall not preclude the 

designation of an existing child resource and family services 

center operated by a tribe or tribal organization as a Center if 

all of the tribes to be served by the Center agree to such designation. 


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34 

ø(h) APPROPRIATIONS.—There are authorized to be appropriated 

to carry out the provisions of this section $3,000,000 for each of the 

fiscal years 1992, 1993, 1994, 1995, 1996, and 1997.¿ 

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated such sums as are necessary to carry out this section 

for each of fiscal years 2007 through 2011. 

25 U.S.C. § 3210 

25 U.S.C. § 3210. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION PROGRAM. 

* * * * * * * 

(c) øINVESTIGATION AND TREATMENT AND PREVENTION OF CHILD

ABUSE AND FAMILY VIOLENCE¿ COORDINATING INVESTIGATION, 

TREATMENT, AND PREVENTION OF CHILD ABUSE AND FAMILY VIOLENCE.—An Indian tribe operating an Indian Child Protection and 

Family Violence Prevention Program established under this section 

shall designate the agency or officials which shall be responsible— 

(1) for the investigation of reported cases of child abuse and 

child neglect; and 

(2) for the treatment and prevention of incidents of family violence; and 

(3) for the provision of immediate shelter and related assistance for victims of family violence and their dependents. 

(d) PROGRAM RESPONSIBILITIES AND FUNCTIONS.— 

* * * * * * * 

(3) the development and implementation of a multidisciplinary child abuse investigation and prosecution program 

which may— 

(A) coordinate child abuse prevention, investigation, 

prosecution, treatment, and counseling servicesø,¿; 

(B) develop protocols among related agencies to ensure 

that investigations of child abuse cases, to the extent practicable, minimize the trauma to the child victimø, and¿; 

and 

(C) provide for the coordination and cooperation of law 

enforcement agencies, courts of competent jurisdiction, and 

other tribal, Federal, and State agencies through intergovernmental or interagency agreements that define and 

specify each party’s responsibilities with respect to appropriate safety measures for child protection workers carrying 

out this Act; 

* * * * * * * 

ø(f)¿ (e) * * * 

ø(g)¿ (f) * * * 

ø(h)¿ (g) * * * 

ø(i) APPROPRIATIONS.—There are authorized to be appropriated to 

carry out the provisions of this section $30,000,000 for each of the 

fiscal years 1992, 1993, 1994, 1995, 1996, and 1997.¿ 

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated such sums as are necessary to carry out this section 

for each of fiscal years 2007 through 2011. 


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35 

25 U.S.C. § 3201 

25 U.S.C. § 3201. USE OF TELEMEDICINE. 

(a) CONTRACTS AND AGREEMENTS.—The Service is authorized to 

enter into any contract or agreement for the use of telemedicine with 

a public or private medical university or facility, or any private 

practitioner, with experience relating to pediatrics, including the diagnosis and treatment of child abuse, to assist the Service with respect to— 

(1) the diagnosis and treatment of child abuse; or 

(2) methods of training Service personnel in diagnosing and 

treating child abuse. 

(b) ADMINISTRATION.—In carrying out subsection (a), the Service 

shall, to the maximum extent practicable— 

(1) use existing telemedicine infrastructure; and 

(2) give priority to Service units and medical facilities operated pursuant to a grants, contracts or compacts under the Indian Self-Determination and Education Assistance Act (25 

U.S.C. 450 et seq.) that are located in, or providing service to, 

remote areas of Indian Country. 

(c) INFORMATION AND CONSULTATION.—On receipt of a request, for 

purposes of this section, the Service may provide to public and private medical universities, facilities, and practitioners described in 

subsection (a) any information or consultation on the treatment of 

Indian children who have, or may have, been subject to abuse or neglect. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated such sums as are necessary to carry out this section 

for each of fiscal years 2007 through 2011. 

18 U.S.C. § 1153 

(a) 18 U.S.C. § 1153(a). Offenses Committed Within Indian Country, is amended— 

(1) in subsection (a) by inserting ‘‘felony child neglect,’’ after 

‘‘robbery,’’. 

18 U.S.C. § 1169 

(b) 18 U.S.C. § 1169. Reporting of child abuse, is amended— 

(1) in subsection (a)(1)— 

(A) * * * 

(B) teacher, school counselor, instructional aide, teacher’s aide, teacher’s assistant, or bus driver employed by or 

volunteering for any tribal, Federal, public or private 

school, 

(C) * * * 

(D) child day care worker or volunteer, headstart teacher, public assistance worker, øworker in a group home¿ 

worker or volunteer in a group home or residential or day 

care facility, or social worker, 

(E) psychiatrist, psychologist, øor psychological assistant¿ psychological or psychiatric assistant, or person employed in the mental or behavioral health profession; 

(F) licensed or unlicensed marriage, family, or øchild¿ 

individual counselor, 


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36 

ø(G) person employed in the mental health profession 

or¿ 

(G) foster parent; or 

(H) ølaw enforcement officer, probation officer¿ law enforcement personnel, probation officer, criminal prosecutor, 

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) in subsection (c)— 

ø(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¿ 

(3) ‘local child protective services agency’ has the meaning 

given the term in section 403 of the Indian Child Protection and 

Family Violence Prevention Act (25 U.S.C. 3202); and 

ø(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.¿ 

(4) ‘local law enforcement agency’ has the meaning given the 

term in section 403 of that Act.’’ 

* * * * * * * 

Æ 


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