Native American Child Protection Act

To amend the Indian Child Protection and Family Violence Prevention Act. 1. Short title This Act may be cited as the Native American Child Protection Act 2. Indian Child Protection and Family Violence Prevention Act Amendments The Indian Child Protection and Family Violence Prevention Act ( 25 U.S.C. 3202 (1) By amending section 403(3)(A) ( 25 U.S.C. 3202(3)(A) (A) in any case in which— (i) (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; (ii) psychological or verbal abuse that causes serious emotional or mental injury to a child; or (iii) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution; . (2) In section 409 ( 25 U.S.C. 3208 (A) in subsection (a)— (i) by striking The Secretary of Health and Human Services, acting through the Service and in cooperation with the Bureau The Service, in cooperation with the Bureau (ii) by striking sexual abuse abuse or neglect (B) in subsection (b) through the end of the section, by striking Secretary of Health and Human Services Service (C) in subsection (b)(1), by inserting after Any Indian tribe or intertribal consortium , on its own or in partnership with an urban Indian organization, (D) in subsections (b)(2)(B) and (d), by striking such Secretary the Service (E) by amending subsection (c) to read as follows: (c) Culturally appropriate treatment In awarding grants under this section, the Service shall encourage the use of culturally appropriate treatment services and programs that respond to the unique cultural values, customs, and traditions of applicant Indian Tribes. ; (F) in subsection (d)(2), by striking the Secretary the Service (G) by redesignating subsection (e) as subsection (f); (H) by inserting after subsection (d) the following: (e) Report Not later than 2 years after the date of the enactment of the Native American Child Protection Act (1) a description of treatment and services for which grantees have used funds awarded under this section; and (2) any other information that the Service requires. ; and (I) by amending subsection (f) (as so redesignated by subparagraph (G) of this paragraph), to read as follows: (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2021 through 2026. . (3) In section 410 ( 25 U.S.C. 3209 (A) in the heading— (i) by inserting National Indian (ii) by striking Centers Center (B) by amending subsections (a) and (b) to read as follows: (a) Establishment Not later than one year after the date of the enactment of the Native American Child Protection Act (b) Report Not later than 2 years after the date of the enactment of the Native American Child Protection Act ; (C) in subsection (c)— (i) by striking Each The (ii) by striking multidisciplinary (D) in subsection (d)— (i) in the text before paragraph (1), by striking Each The (ii) in paragraph (1), by striking and inter-tribal consortia inter-tribal consortia, and urban Indian organizations (iii) in paragraph (2), by inserting urban Indian organizations, tribal organizations, (iv) in paragraph (3)— (I) by inserting and technical assistance (II) by striking and to tribal organizations , Tribal organizations, and urban Indian organizations (v) in paragraph (4)— (I) by inserting , State, Federal (II) by striking and tribal Tribal, and urban Indian (vi) by amending paragraph (5) to read as follows: (5) develop model intergovernmental agreements between 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 prevention, investigation, treatment, and prosecution of incidents of family violence and child abuse and child neglect involving Indian children and families. ; and (E) in subsection (e)— (i) in the heading, by striking Multidisciplinary team Team (ii) in the text before paragraph (1), by striking Each multidisciplinary The (F) by amending subsections (f), (g), and (h) to read as follows: (f) Center advisory board The Secretary shall establish an advisory board to advise and assist the National Indian Child Resource and Family Services Center in carrying out its activities under this section. The advisory board shall consist of 12 members appointed by the Secretary from Indian Tribes, Tribal organizations, and urban Indian organizations with expertise in child abuse and child neglect. 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 and technical assistance materials, and developing intergovernmental agreements relating to family violence, child abuse, and child neglect. (g) Application of Indian Self-Determination Act to the Center The National Indian Child Resource and Family Services Center shall be subject to the provisions of the Indian Self-Determination Act. The Secretary may also contract for the operation of the Center with a nonprofit Indian organization governed by an Indian-controlled board of directors that have substantial experience in child abuse, child neglect, and family violence involving Indian children and families. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2021 through 2026. . (4) In section 411 ( 25 U.S.C. 3210 (A) in subsection (d)— (i) in paragraph (1)— (I) in subparagraph (A), by striking abuse and child neglect abuse, neglect, or both (II) in subparagraph (B), by striking and (III) by inserting after subparagraph (C), the following: (D) development of agreements between Tribes, States, or private agencies on the coordination of child abuse and 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) development of a Tribal child protection or multidisciplinary team to assist in the prevention and investigation of child abuse and neglect; ; (ii) in paragraph (2)— (I) in subparagraph (A), by inserting in culturally appropriate ways incidents of family violence (II) in subparagraph (C), by inserting that may include culturally appropriate programs training programs (iii) in paragraph (3)— (I) in subparagraph (A), by inserting and neglect abuse (II) in subparagraph (B), by striking cases, to the extent practicable, and neglect cases (B) in subsection (f)— (i) in paragraph (2), by striking develop, in consultation with Indian tribes, appropriate caseload standards and staffing requirements which are comparable to standards developed by the National Association of Social Work, the Child Welfare League of America and other professional associations in the field of social work and child welfare develop, not later than one year after the date of the enactment of the Native American Child Protection Act (ii) in paragraph (3)(D), by striking sexual abuse abuse and neglect, high incidence of family violence (iii) by amending paragraph (4) to read as follows: (4) The formula established pursuant to this subsection shall provide funding necessary to support not less than one child protective services or family violence caseworker, including fringe benefits and support costs, for each Indian Tribe. ; and (iv) in paragraph (5), by striking tribes Indian Tribes (C) by amending subsection (g) to read as follows: (g) Report Not later than 2 years after the date of the enactment of the Native American Child Protection Act (1) a description of treatment and services for which grantees have used funds awarded under this section; and (2) any other information that the Secretary of the Interior requires. ; and (D) by amending subsection (i) to read as follows: (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2021 through 2026. . September 8, 2020 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: Native American Child Protection Act This bill reauthorizes through FY2026 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 such center to (1) provide advice, technical assistance, and training to urban Indian organizations; (2) develop certain technical assistance materials 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.