Page 661 TITLE 25—INDIANS § 3203

of Title 18, Crimes and Criminal Procedure] may be

cited as the ‘Indian Child Protection and Family Violence Prevention Act’.’’

§ 3202. Definitions

For the purposes of this chapter, the term—

(1) ‘‘Bureau’’ means the Bureau of Indian Affairs of the Department of the Interior;

(2) ‘‘child’’ means an individual who—

(A) is not married, and

(B) has not attained 18 years of age;

(3) ‘‘child abuse’’ includes but is not limited

to—

(A) 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

(B) any case in which a child is subjected

to sexual assault, sexual molestation, sexual

exploitation, sexual contact, or prostitution;

(4) ‘‘child neglect’’ includes but is not limited to, negligent treatment or maltreatment

of a child by a person, including a person responsible for the child’s welfare, under circumstances which indicate that the child’s health

or welfare is harmed or threatened thereby;

(5) ‘‘family violence’’ means any act, or

threatened act, of violence, including any

forceful detention of an individual, which—

(A) results, or threatens to result, in physical or mental injury, and

(B) is committed by an individual against

another individual—

(i) to whom such person is, or was, related by blood or marriage or otherwise legally related, or

(ii) with whom such person is, or was, residing;

(6) ‘‘Indian’’ means any individual who is a

member of an Indian tribe;

(7) ‘‘Indian child’’ has the meaning given to

such term by section 1903(4) of this title;

(8) ‘‘Indian country’’ has the meaning given

to such term by section 1151 of title 18;

(9) ‘‘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.);

(10) ‘‘Indian tribe’’ and ‘‘tribal organization’’

have the respective meanings given to each of

such terms under section 450b of this title;

(11) ‘‘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;

(12) ‘‘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;

(13) ‘‘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;

(14) ‘‘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;

(15) ‘‘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 health-care 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;

(16) ‘‘Secretary’’ means the Secretary of the

Interior;

(17) ‘‘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; and

(18) ‘‘Service’’ means the Indian Health

Service of the Department of Health and

Human Services.

(Pub. L. 101–630, title IV, §403, Nov. 28, 1990, 104

Stat. 4545.)

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred

to in par. (9), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688,

as amended, which is classified generally to chapter 33

(§1601 et seq.) of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title

note set out under section 1601 of Title 43 and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3203 of this title;

title 20 section 6177.

§ 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 expected to result in abuse of a child in Indian

country, the receiving agency shall immediately notify appropriate officials of the

other agency of such report and shall also submit, when prepared, a copy of the written re-