§ 3209 TITLE 25—INDIANS Page 664

1So in original. Probably should be capitalized.

(iii) the extent to which the program plans

to use or incorporate existing services available on the reservation, and

(iv) the specific treatment concepts to be

used under the program.

(c) Maximum grant amount

The maximum amount of any grant awarded

under subsection (a) of this section shall not exceed $500,000.

(d) Grant administration and final report

Each recipient of a grant awarded under subsection (a) of this section shall—

(1) furnish the Secretary of Health and

Human Services with such information as such

Secretary may require to—

(A) evaluate the program for which the

grant is made, and

(B) ensure that the grant funds are expended for the purposes for which the grant

was made, and

(2) submit to such Secretary at the close of

the term of the grant a final report which

shall include such information as the Secretary may require.

(e) Authorization of appropriations

there 1 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.

(Pub. L. 101–630, title IV, §409, Nov. 28, 1990, 104

Stat. 4551; Pub. L. 104–16, §1, June 21, 1995, 109

Stat. 190.)

AMENDMENTS

1995—Subsec. (e). Pub. L. 104–16 substituted ‘‘1995,

1996, and 1997’’ for ‘‘and 1995’’.

§ 3209. Indian Child Resource and Family Services Centers

(a) Establishment

The Secretary shall establish within each area

office of the Bureau an Indian Child Resource

and Family Services Center.

(b) Memorandum of Agreement

The Secretary and the Secretary of Health and

Human Services shall enter into a Memorandum

of Agreement which provides for the staffing of

the Centers established under this section.

(c) Center staffing

Each Center established under subsection (a)

of this section shall be staffed by a multidisciplinary team of personnel with experience and

training in prevention, identification, investigation, and treatment of incidents of family violence, child abuse, and child neglect.

(d) Center responsibilities and functions

Each Center established under subsection (a)

of this section shall—

(1) provide advice, technical assistance, and

consultation to Indian tribes, tribal organizations, and inter-tribal consortia upon request;

(2) provide training to appropriate personnel

of Indian tribes, tribal organizations, the Bureau and the Service on the identification and

investigation of cases of family violence, child

abuse, and child neglect and, to the extent

practicable, coordinate with institutions of

higher education, including tribally controlled

community colleges, to offer college-level

credit to interested trainees;

(3) develop training materials on the prevention, identification, investigation, and treatment of incidents of family violence, child

abuse, and child neglect for distribution to Indian tribes and to tribal organizations;

(4) develop recommendations to assist Federal and tribal personnel to respond to cases of

family violence, child abuse, and child neglect;

and

(5) develop policies and procedures for each

agency 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 enforcement,

(2) child protective services,

(3) juvenile counseling and adolescent mental health, and

(4) domestic violence.

(f) Center advisory board

The Secretary, in consultation with the Secretary of Health and Human Services, 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. Each advisory

board shall consist of 7 members appointed by

the Secretary from Indian tribes and human

service providers served by an area office of the

Bureau. Members shall serve without compensation, but may be reimbursed for travel and other

expenses while carrying out the duties of the

board. The 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 Indian Self-Determination Act

to Centers

Indian Child Resource and Family Services

Centers established under subsection (a) of this

section shall be subject to the provisions of the

Indian Self-Determination Act [25 U.S.C. 450f et

seq.]. If 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, 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. This section shall not preclude the

designation of an existing child resource and

family services center operated by a tribe or
Page 665 TITLE 25—INDIANS § 3210

tribal organization as a Center if all of the

tribes to be served by the Center agree to such

designation.

(h) Authorization of 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.

(Pub. L. 101–630, title IV, §410, Nov. 28, 1990, 104

Stat. 4552; Pub. L. 104–16, §1, June 21, 1995, 109

Stat. 190.)

REFERENCES IN TEXT

This chapter, referred to in subsec. (f), 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 Protection

and Family Violence Prevention Act, which is classified principally to this chapter, to reflect the probable

intent of Congress. For complete classification of title

IV to the Code, see Short Title note set out under section 3201 of this title and Tables.

The Indian Self-Determination Act, referred to in

subsec. (g), is title I of Pub. L. 93–638, Jan. 4, 1975, 88

Stat. 2206, as amended, which is classified principally

to part A (§450f et seq.) of subchapter II of chapter 14

of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 450

of this title and Tables.

AMENDMENTS

1995—Subsec. (h). Pub. L. 104–16 substituted ‘‘1995,

1996, and 1997’’ for ‘‘and 1995’’.

TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President

or an officer of the Federal Government, such board is

renewed by appropriate action prior to the expiration

of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L.

92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3206 of this title.

§ 3210. Indian Child Protection and Family Violence Prevention Program

(a) Establishment

The Secretary shall establish within the Bureau an Indian Child Protection and Family Violence Prevention Program to provide financial

assistance to any Indian tribe, tribal organization, or inter-tribal consortium for the development of an Indian Child Protection and Family

Violence Prevention program.

(b) Indian Self-Determination Act agreements

The Secretary is authorized to enter into

agreements with Indian tribes, tribal organizations, or inter-tribal consortia pursuant to the

Indian Self-Determination Act [25 U.S.C. 450f et

seq.] for the establishment of Indian Child Protection and Family Violence Prevention programs on Indian reservations.

(c) Investigation and 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

Funds provided pursuant to this section may

be used for—

(1) the establishment of a child protective

services program which may include—

(A) the employment of child protective

services staff to investigate cases of child

abuse and child neglect,

(B) training programs for child protective

services personnel, law enforcement personnel, and judicial personnel in the investigation, prevention, and treatment of cases of

child abuse and child neglect, and

(C) purchase of equipment to assist in the

investigation of cases of child abuse and

child neglect;

(2) the establishment of a family violence

prevention and treatment program which may

include—

(A) the employment of family violence

prevention and treatment staff to respond to

incidents of family violence,

(B) the provision of immediate shelter and

related assistance for victims of family violence and their dependents,

(C) training programs for family violence

prevention and treatment personnel, law enforcement personnel, and judicial personnel

in the investigation, prevention, and treatment of cases of family violence; and

(D) construction or renovation of facilities

for the establishment of family violence

shelters;

(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 services,

(B) develop protocols among related agencies to ensure that investigations of child

abuse cases, to the extent practicable, minimize the trauma to the child victim, 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;

(4) the development of tribal child protection codes and regulations;

(5) the establishment of training programs

for—

(A) professional and paraprofessional personnel in the fields of medicine, law, education, social work, and other relevant fields

who are engaged in, or intend to work in, the

field of prevention, identification, investiga-