Indian Child Protection and Family Violence Prevention - P.L. 101-630

Overview

H.R. 3703
Enacted November 28, 1990

Purpose: To create title 25, chapter 34 of the United States Code

Major Provisions of the Act

• Stated that the purpose of this chapter is to do the following:
  • Ensure reports of abused Indian children are made to the appropriate authorities to prevent further abuse
  • Establish a reliable database for statistical purposes and authorize a study to determine the need for a central registry for reported incidents of abuse
  • Authorize such other actions as are necessary to ensure the effective protection of Indian children
  • Establish the Indian Child Abuse Prevention and Treatment Grant Program to provide funds for the establishment on Indian reservations of treatment programs for victims of child sexual abuse
  • Provide for technical assistance and training related to the investigation and treatment of cases of child abuse and neglect
  • Establish Indian Child Resource and Family Services Centers in each Bureau of Indian Affairs (BIA) Area Office that will consist of multidisciplinary teams of personnel with experience and training in the prevention, identification, investigation, and treatment of child abuse and neglect
  • Provide for the treatment and prevention of incidents of family violence
  • Establish tribally operated programs to protect Indian children and reduce the incidents of family violence in Indian communities
• Authorized the U.S. Department of the Interior (DOI), in consultation with the U.S. Department of Health and Human Services (HHS) and the U.S. Attorney General, to prepare a written study on the feasibility of and need for a central registry for reports of abuse of Indian children
• Authorized Federal and Tribal agencies that investigate and treat incidents of abuse of children to provide information and records to other Federal and Tribal agencies that need to know the information in the performance of their duties
• Authorized local child protective services or law enforcement officials, when they have reason to believe the child has been subject to abuse, to take the following actions without first obtaining parental consent:
  • Obtain photographs, x-rays, medical examinations, and psychological examinations
  • Interview the child
• Required the DOI and the HHS to do the following:
  • Compile a list of all authorized positions within their respective departments that involve regular contact with or control over Indian children
  • Investigate the character of each individual who is employed or being considered for employment in any of those positions
  • Prescribe by regulation the minimum standards of character that each of such individuals must meet to be appointed to such positions
• Stated that the minimum standards of character shall ensure that no one appointed to these positions has been found guilty of or entered a plea of nolo contendere or guilty to any felonious offense or any of two or more misdemeanor offenses under Federal or Tribal law involving crimes of violence; sexual assault, molestation, exploitation, contact, or prostitution; crimes against persons; or offenses committed against children
• Required each Indian Tribe or Tribal organization to do the following:
  • Investigate the character of each individual who is employed or is being considered for employment by the Tribe or Tribal organization in a position that involves regular contact with or control over Indian children
  • Employ individuals in those positions only if the individuals meet standards of character that are no less stringent than those prescribed for State and Federal entities
• Authorized the HHS, acting through the Indian Health Service (IHS) and in cooperation with the BIA, to establish an Indian Child Abuse Treatment Grant Program that provides grants to any Indian Tribe or intertribal consortium for the establishment on Indian reservations of treatment programs for Indians who have been victims of child sexual abuse
• Authorized the DOI to establish within each area office of the BIA an Indian Child Resource and Family Services Center, as follows:
  • The secretaries of the DOI and HHS shall enter into a memorandum of agreement to provide for the staffing of the centers.
  • Each center shall be staffed by a multidisciplinary team of personnel with experience and training in the prevention, identification, investigation, and treatment of incidents of family violence, child abuse, and child neglect.
  • Each established center shall do the following:
    • Provide advice, technical assistance, and consultation to Indian Tribes, Tribal organizations, and intertribal consortia upon request
    • Provide training to appropriate personnel of Indian Tribes, Tribal organizations, the BIA, and the IHS on the identification and investigation of cases of family violence, child abuse, and child neglect
    • 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 Tribal organizations
    • Develop recommendations to help Federal and Tribal personnel respond to cases of family violence, child abuse, and child neglect
    • Develop policies and procedures for each agency office of the BIA and service unit of the IHS within the area that, to the extent feasible, comply with Tribal laws pertaining to cases of family violence, child abuse, and child neglect, including any criminal laws, and that provide for maximum cooperation with the enforcement of such laws
• Required the DOI to establish within the BIA an Indian Child Protection and Family Violence Prevention program to provide financial assistance to any Indian Tribe, Tribal organization, or intertribal consortium for the development of an Indian Child Protection and Family Violence Prevention program
• Required an Indian Tribe operating an Indian Child Protection and Family Violence Prevention program to designate the agency or officials that shall be responsible for the following:
  • The investigation of reported cases of child abuse and child neglect
  • The treatment and prevention of incidents of family violence
  • The provision of immediate shelter and related assistance for victims of family violence and their dependents