Native American Child Protection Act of 2021

To amend the Indian Child Protection and Family Violence Prevention Act to reauthorize programs under that Act, and for other purposes. 1. Short title This Act may be cited as the Native American Child Protection Act of 2021 2. Indian Child Protection and Family Violence Prevention Act Amendments (a) Definitions Section 403 of the Indian Child Protection and Family Violence Prevention Act ( 25 U.S.C. 3202 (1) by striking paragraph (3) and inserting the following: (3) child abuse (A) (i) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, or soft tissue swelling; and (ii) the applicable condition under clause (i) is not justifiably explained or may not be the product of an accidental occurrence; or (B) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution; ; (2) by striking paragraph (10) and inserting the following: (10) Indian tribe Indian Tribe tribal organization Tribal organization 25 U.S.C. 5304 ; (3) in paragraph (17), by striking and (4) in paragraph (18), by striking the period at the end and inserting ; and (5) by adding at the end the following: (19) urban Indian organization 25 U.S.C. 1603 . (b) Indian child abuse treatment grant program Section 409 of the Indian Child Protection and Family Violence Prevention Act ( 25 U.S.C. 3208 (1) in subsection (a)— (A) by striking The Secretary of Health and Human Services, acting through the Service and The Service, (B) by striking intertribal inter-tribal (C) by striking sexual abuse abuse or child neglect (2) by striking subsections (b) and (c) and inserting the following: (b) Grant applications (1) In general Any Indian Tribe or inter-tribal consortium, including an Indian Tribe or inter-tribal consortium in partnership with an urban Indian organization, may submit to the Service an application for a grant under subsection (a). (2) Requirements An application submitted under paragraph (1) shall— (A) be in such form as the Service may prescribe; (B) be submitted to the Service on or before a date designated by the Service; and (C) specify— (i) the nature of the program proposed by the applicant; (ii) the data and information on which the program is based; (iii) the extent to which the program plans to use or incorporate existing services available on a reservation; and (iv) the specific treatment concepts to be used under the program. (c) Culturally appropriate treatment In awarding grants under subsection (a), the Service shall encourage the use of culturally appropriate treatment services and programs that respond to the unique cultural values, customs, and traditions of the applicant Indian Tribes. ; (3) in subsection (d)— (A) by striking such Secretary the Service (B) by striking , and ; and (C) in paragraph (1), in the matter preceding subparagraph (A), by striking Secretary of Health and Human Services Service (D) in paragraph (2), by striking the Secretary the Service (4) by striking subsection (e) and inserting the following: (e) Report (1) In general Not later than 2 years after the date of enactment of the Native American Child Protection Act of 2021 (2) Requirements The report required under paragraph (1) shall include— (A) a description of treatment and services for which recipients of grants awarded under this section have used the grant funds; and (B) any other information that the Service may require. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2022 through 2027. . (c) National Indian Child Resource and Family Services Center Section 410 of the Indian Child Protection and Family Violence Prevention Act ( 25 U.S.C. 3209 (1) in the section heading— (A) by inserting National Indian (B) by striking Centers Center (2) by striking subsections (a) and (b) and inserting the following: (a) Establishment Not later than 1 year after the date of enactment of the Native American Child Protection Act of 2021 National Indian Child Resource and Family Services Center Center ; (3) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively; (4) in subsection (b) (as so redesignated), by striking Each Center multidisciplinary team The Center shall be staffed by a team (5) in subsection (c) (as so redesignated)— (A) in the matter preceding paragraph (1), by striking Each Center established under subsection (a) The Center (B) in paragraph (1), by striking and inter-tribal consortia upon request inter-tribal consortia, and urban Indian organizations on request (C) in paragraph (2), by striking Indian tribes, tribal organizations, the Bureau and the Service Indian Tribes, Tribal organizations, urban Indian organizations, the Bureau, and the Service (D) in paragraph (3)— (i) by inserting and technical assistance training materials (ii) by striking and to tribal organizations , Tribal organizations, and urban Indian organizations (E) in paragraph (4)— (i) by inserting , State, Federal (ii) by inserting and personnel of urban Indian organizations tribal personnel (F) by striking paragraph (5) and inserting the following: (5) develop model intergovernmental agreements between Indian Tribes and States and other materials that provide examples of how Federal, State, and Tribal governments can develop effective relationships and provide for maximum cooperation in the furtherance of the prevention, investigation, treatment, and prosecution of incidents of family violence, child abuse, and child neglect involving Indian children and Indian families. ; and (6) in subsection (d) (as so redesignated)— (A) in the subsection heading, by striking Multidisciplinary (B) in the matter preceding paragraph (1), by striking Each multidisciplinary personnel The team required under subsection (b) shall include personnel (C) in paragraphs (1) through (3), by striking the comma each place it appears and inserting a semicolon; and (7) by striking subsections (f) through (h) and inserting the following: (e) Center advisory board (1) In general The Secretary shall establish an advisory board to advise and assist the Center in carrying out the activities of the Center under this section (referred to in this subsection as the advisory board (2) Membership (A) In general The advisory board shall consist of 12 members appointed by the Secretary from Indian Tribes, Tribal organizations, and urban Indian organizations. (B) Requirement Each member of the advisory board shall have expertise in child abuse or child neglect. (C) No compensation A member of the advisory board shall serve without compensation, but may be reimbursed for travel and other expenses while carrying out the duties of the advisory board. (3) Duties The advisory board shall assist the Center with— (A) coordinating programs of the Center; (B) identifying training and technical assistance materials that may be of use to the Center; and (C) developing intergovernmental agreements relating to family violence, child abuse, and child neglect. (f) Application of Indian Self-Determination and Education Assistance Act to the Center (1) In general The Center shall be subject to title I of the Indian Self-Determination and Education Assistance Act 25 U.S.C. 5321 et seq. (2) Operation of Center The Secretary may enter into a contract under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. (g) Report Not later than 2 years after the date of enactment of the Native American Child Protection Act of 2021 (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022 through 2027. . (d) Indian child protection and family violence prevention program Section 411 of the Indian Child Protection and Family Violence Prevention Act ( 25 U.S.C. 3210 (1) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (A), by striking child abuse and child neglect, child abuse, child neglect, or both; (ii) in subparagraph (B), by striking , and (iii) by inserting after subparagraph (C) the following: (D) the development of agreements between Indian Tribes, States, or private agencies for the coordination of child abuse and child neglect prevention, investigation, and treatment services; (E) child protective services operational costs, including transportation, risk and protective factors assessments, family engagement and kinship navigator services, and relative searches, criminal background checks for prospective placements, and home studies; and (F) the development of a Tribal child protection or multidisciplinary team to assist in the prevention and investigation of child abuse and child neglect; ; (B) in paragraph (2)— (i) in subparagraph (A), by striking the comma at the end and inserting in culturally appropriate ways; (ii) in subparagraph (B), by striking the comma at the end and inserting a semicolon; and (iii) in subparagraph (C), by inserting , which may include culturally appropriate programs, training programs (C) in paragraph (3)— (i) in subparagraph (A)— (I) by inserting and child neglect child abuse (II) by striking the comma at the end and inserting a semicolon; and (ii) in subparagraph (B)— (I) by striking cases, to the extent practicable, cases and child neglect cases (II) by striking , and ; and (D) in paragraph (5)— (i) in subparagraph (A), by striking the comma at the end and inserting a semicolon; (ii) in subparagraph (B), by striking , or ; or (iii) in subparagraph (C)— (I) by striking preschool preschools (II) by striking college or university (within the meaning of section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978) colleges and universities (as defined in section 2(a) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801(a) (E) in paragraph (7)— (i) in the matter preceding subparagraph (A), by inserting that show promise of successfully preventing and treating cases of family violence, child abuse, and child neglect as the Secretary (ii) in subparagraph (A), by striking the comma at the end and inserting a semicolon; (iii) in subparagraph (B), by striking , or ; or (iv) by striking the comma at the end of subparagraph (C) and all that follows through neglect. (2) by striking subsections (g) and (i); (3) by redesignating subsections (f) and (h) as subsections (e) and (g), respectively; (4) in subsection (e) (as so redesignated)— (A) in paragraph (1), by striking (1) The Secretary (1) In general The Secretary ; (B) by striking paragraph (2) and inserting the following: (2) Caseload standards; staffing requirements (A) In general In the development of regulations for base support funding for the programs described in paragraph (1), the Secretary, in consultation with Indian Tribes, shall develop, not later than 1 year after the date of enactment of the Native American Child Protection Act of 2021 (B) Staffing requirements Each level of funding assistance shall correspond to the staffing requirements established by the Secretary under subparagraph (A). ; (C) in paragraph (3)— (i) by striking (3) Factors to be limited to— (3) Factors In the development of the base support funding formula under paragraph (1), the Secretary shall take into consideration factors including— ; (ii) by indenting subparagraphs (A) through (D) appropriately; and (iii) in subparagraph (D), by striking sexual abuse abuse and child neglect, high incidence of family violence, (D) by striking paragraph (4) and inserting the following: (4) Requirement The formula established pursuant to this subsection shall provide funding necessary to support not less than 1 child protective services or family violence caseworker, including fringe benefits and support costs, for each Indian Tribe. ; and (E) in paragraph (5)— (i) by striking (5) In any (5) Insufficient funding In any ; and (ii) by striking tribes Indian Tribes (5) by inserting after subsection (e) (as so redesignated) the following: (f) Report (1) In general Not later than 2 years after the date of enactment of the Native American Child Protection Act of 2021 (2) Requirements The report required under paragraph (1) shall include— (A) a description of the treatments and services for which recipients of the grants have used the funds; and (B) any other information that the Secretary, acting through the Bureau, may require. ; and (6) by adding at the end the following: (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2022 through 2027. . (e) Technical and conforming amendments (1) Section 404(c)(2)(A) of the Indian Child Protection and Family Violence Prevention Act ( 25 U.S.C. 3203(c)(2)(A) abuse described in section 503(3) child abuse (2) Section 407(c) of the Indian Child Protection and Family Violence Prevention Act ( 25 U.S.C. 3206(c) (A) by striking advise advice (B) by striking a multidisciplinary team established pursuant to section 410 the team described in section 410(b)

Summary: Native American Child Protection Act of 2021 This bill reauthorizes through FY2027 and otherwise revises certain programs related to the prevention, investigation, treatment, and prosecution of family violence, child abuse, and child neglect involving Indian children and families. Specifically, the bill revises the Indian Child Abuse Treatment Grant Program to encourage the use of grants for culturally appropriate treatment services and programs. The bill renames the Indian Child Resource and Family Services Centers as the National Indian Child Resource and Family Services Center. It also requires the center to (1) provide advice, technical assistance, and training to urban Indian organizations; (2) develop technical assistance for Indian tribes, tribal organizations, and urban Indian organizations; and (3) develop model intergovernmental agreements between tribes and states to prevent, investigate, treat, and prosecute incidents of family violence, child abuse, and child neglect involving Indian children and families. Additionally, the bill revises the Indian Child Protection and Family Violence Prevention Program to allow Indian tribes, tribal organizations, and intertribal consortia to use program funds for additional activities, such as operational costs for child protective services.