§ 3204 TITLE 25—INDIANS Page 662

1See References in Text note below.

port required under subsection (c) of this section to such agency.

(2) Where a report of abuse involves an Indian

child or where the alleged abuser is an Indian

and where a preliminary inquiry indicates a

criminal violation has occurred, the local law

enforcement agency, if other than the Federal

Bureau of Investigation, shall immediately report such occurrence to the Federal Bureau of

Investigation.

(c) Written report of child abuse

(1) Within 36 hours after receiving an initial

report described in subsection (b) of this section,

the receiving agency shall prepare a written report which shall include, if available—

(A) the name, address, age, and sex of the

child that is the subject of the report;

(B) the grade and the school in which the

child is currently enrolled;

(C) the name and address of the child’s parents or other person responsible for the child’s

care;

(D) the name and address of the alleged offender;

(E) the name and address of the person who

made the report to the agency;

(F) a brief narrative as to the nature and extent of the child’s injuries, including any previously known or suspected abuse of the child

or the child’s siblings and the suspected date

of the abuse; and

(G) any other information the agency or the

person who made the report to the agency believes 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 receives a report alleging abuse described in section 3202(3) 1 of this title 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.

(B) Upon 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.

(d) Confidentiality of informant

The identity of any person making a report

described in subsection (b)(1) of this section

shall not be disclosed, without the consent of

the individual, to any person other than a court

of competent jurisdiction 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.)

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 reflect 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 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.

(b) Content of study

The study conducted pursuant to subsection

(a) of this section shall include, but shall not be

limited to—

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

Register;

(2) the examination of due process implication 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 information from the register;

(5) the types, and duration of maintenance,

of information in the register; and

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

(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 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

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 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.

(Pub. L. 101–630, title IV, §406, Nov. 28, 1990, 104

Stat. 4550.)

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.