[Senate Report 110-45]
[From the U.S. Government Publishing Office]
Calendar No. 110
110th Congress Report
SENATE
1st Session 110-45
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AMENDING THE INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT
TO IDENTIFY AND REMOVE BARRIERS TO REDUCING CHILD ABUSE, TO PROVIDE FOR
EXAMINATIONS OF CERTAIN CHILDREN, AND FOR OTHER PURPOSES
_______
April 10, 2007.--Ordered to be printed
_______
Mr. Dorgan, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 398]
The Committee on Indian Affairs, to which was referred the
bill, S. 398, to amend the Indian Child Protection and Family
Violence Prevention Act to identify and remove barriers to
reducing child abuse, to provide for examinations of certain
children, and for other purposes, having considered the same,
reports favorably thereon and recommends that the bill do pass.
Purpose
The bill to amend the Indian Child Protection and Family
Violence Prevention Act of 2007 (S. 398) provides for a five-
year reauthorization of child abuse prevention and treatment
programs and conforms the Act to other federal child abuse
reporting and confidentiality laws. It enhances the ability of
the Congress to identify the scope of child abuse and family
violence in Indian Country; recognizes the role of the Attorney
General in documenting and addressing incidents of felony child
abuse in Indian Country; encourages coordination between the
Indian Health Service (IHS) and public and private medical or
treatment organizations in the treatment and examination of
children through the use of telemedicine; and reauthorizes the
Indian child abuse treatment grant program.
Background
Public Law 101-630, the Indian Child Protection and Family
Violence Prevention Act, was enacted in 1990. The Act addressed
the findings of the Senate Select Committee on Indian Affairs
and the Special Committee on Investigations that reports of
child abuse in Indian Country were not properly investigated;
that incidents of child abuse in Indian Country had been
perpetrated by federal employees with a known history of
suspected child abuse; and that Indian tribes and the federal
government lacked sufficient resources to treat children who
had been abused.\1\
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\1\ S. Rpt. 101-203 on S. 1783, November 13, 1989.
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In 1989, the Special Committee on Investigations convened
hearings after several federal employees were indicted for
abusing multiple Indian children over the course of several
years. The hearings focused on three Indian reservations where
large numbers of children had been abused by federal government
employees. The Special Committee found that, often, the
perpetrator had been earlier removed or terminated from federal
employment for suspected acts of child abuse and, in several
instances, reports of the abuse were disclosed to
administrators and local law enforcement who failed to respond
appropriately. In some cases, the failure to act on these
reports resulted in the employee being hired to work with
children in other Indian communities, which resulted in the
continued abuse of Indian children.
Further, the Special Committee and the Senate Select
Committee on Indian Affairs found that Indian tribes lacked the
mental health resources to appropriately treat victims of
sexual abuse or to provide services to Indian communities
affected by the abuse.
The Act resulted in the first federal mandatory Indian
child abuse reporting law with criminal penalties for the
failure to report suspected abuse. It required the Bureau of
Indian Affairs (BIA), the IHS, and Indian tribes receiving
Indian Self-Determination and Education Assistance Act funds to
conduct employee background checks on individuals who come into
contact with children. The Act proposed to identify the scope
of child abuse and family violence in Indian Country and to
provide funds to Indian tribes for the mental health treatment
of child sexual abuse and family violence victims. In addition,
it encouraged cooperative investigation and prosecution
activity to ensure that no further trauma was inflicted on
children during the investigation and adjudication of child
abuse crimes.
A. REAUTHORIZATION OF THE ACT
In 1995, the Committee convened a hearing on the Act's
reauthorization. The Committee learned that neither the BIA nor
the IHS had requested funding to implement child abuse
prevention and treatment programs that were authorized by the
Act. In addition, the BIA had not promulgated regulations for
the administration of such programs or developed the Central
Registry for reports or information on the abuse of children in
Indian Country called for in the Act. The reauthorization
legislation, S. 441, became Public Law 104-16.
During the 108th Congress, S. 1601 was introduced to
reauthorize the Act. A hearing was held on that bill and
information was provided by the Administration and Indian
tribes and organizations. The testimony largely revealed that
child abuse treatment grants and programs continue to be
administered in piecemeal fashion and with little consistency.
In addition, a concern was raised that information about the
rates of child abuse in Indian Country remains elusive due to
the multiple jurisdictions with responsibility for responding
to reports of abuse. Consequently, Indian tribes and the
federal government remained unable to adequately measure the
resources necessary to address the impact of child abuse in
Indian Country. S. 1601 passed the Senate, but was not acted on
by the House of Representatives.
During the 109th Congress, S. 1899 was introduced to
reauthorize the Act. On March 15, 2006, the Committee held a
legislative hearing on S. 1899. The hearing addressed several
key matters, including annual reports to the Congress,
background character investigations, an amendment to the Major
Crimes Act, and the use of telemedicine in the treatment and
diagnosis of child abuse. S. 1899 passed the Senate, but was
not acted on by the House of Representatives.
B. SENATE BILL 398
S. 398 is intended to strengthen the Act and provide the
means to address the current lack of comprehensive data
available on the extent of child abuse in Indian Country. The
Committee believes that this data, including numeric reporting
data, is critical to the Congress' understanding of the scope
of the problem and the extent of resources needed to address
it. S. 398 encourages a collaborative effort between the
responsible agencies and governments in collecting data on an
annual basis. Finally, it requires annual reports to those
Committees of the Congress that have oversight responsibility
for agencies that respond to the effects of child abuse in
Indian Country.
1. Annual reports to the Congress
The Act currently requires local law enforcement
immediately to submit reports of child abuse to the Federal
Bureau of Investigation (FBI). This process was intended to
ensure that reports of child abuse did not go unaddressed.
Shortly after the law was enacted, the FBI began collecting
this data on an annual basis. The Committee believes that the
Congress would benefit from receiving an annual report of the
numeric data currently collected by the FBI. See the attached
November 18, 2005, letter from the FBI. Therefore, S. 398
amends the Act to require the FBI, in consultation with the
Attorney General and the Secretary of the Interior to submit
this numeric data annually to the Congress. In addition, S. 398
amends the Act to provide that the FBI shall maintain this
information in a manner accessible to agencies that require
such information to carry out an official duty or to comply
with the background check for employees pursuant to the Act.
The bill also provides an amendment for the collection of
other types of child abuse information beyond that currently
collected by the FBI. The Committee believes that federal,
tribal and local judicial, behavioral health and medical
agencies that respond to incidents of child abuse in Indian
Country have important data. The amendment requires a
collaborative effort between the Indian tribes, the Secretary,
the Secretary of the Department of Health and Human Services,
the Attorney General and the Director of the FBI to coordinate
the collection of comprehensive data, including criminal and
civil child abuse allegations, federal and tribal prosecutions,
sentencing patterns and recidivism rates, and to provide this
information annually to the Congress. This information will
enhance the Congress' understanding of the overall extent to
which such child abuse impacts federal, state and tribal
investigation, prosecution and treatment resources in Indian
Country.
The Committee believes these two reports are not
duplicative. Each report calls for a different type of data.
The first contains only local law enforcement reports of
alleged child abuse and is immediately accessible. The latter
report is more comprehensive and inclusive of non-law
enforcement agency information, including information only
known by tribal governments. Consequently, this second study
will take considerably longer to develop and, thus, to submit
to Congress. The Committee believes that the Congress should
have access to information that is readily available in order
to expedite an appropriate response to this problem. To the
extent that these reports can be combined at a later date, the
Committee will consider a recommendation in the future that
this provision be amended.
2. Background character investigations
The Committee received comments that some Indian tribes
that were engaged in the foster care placement of children were
duplicating investigation efforts pursuant to the Act and other
federal laws governing foster care and adoption placement. To
avoid duplication of this effort, S. 398 would amend the Act to
provide that an Indian tribe that conducts background checks on
employees or potential employees (including volunteers) under
this Act is deemed to have met the background investigation
requirements of any other federal law requiring such
investigation for placement purposes.
3. Use of telemedicine in the treatment and diagnosis of child abuse
The Committee is aware that there is a lack of available
professionals trained to diagnose and treat the sexual and
physical abuse of children in Indian Country. There is a level
of training needed to appropriately diagnose and treat forms of
child abuse, and not all physicians employed by the IHS are
experienced in performing sexual assault examinations,
particularly on children. However, physicians working in IHS
and tribal facilities in Indian Country are routinely asked to
perform such examinations and to render diagnosis and
treatment, and there is a potential for a missed diagnosis or
inappropriate referral for investigation and services.
Therefore, S. 398 would amend the Act to authorize the use of
telemedicine by experienced professionals at public and private
medical and behavioral health facilities who specialize in the
area of child abuse diagnosis and treatment to assist the IHS
with diagnosis, treatment and training.
This specialized care (including the proper manner of
examination and interview) is critical to minimize trauma to
children who have been victimized. Ideally, such examinations
should take place immediately after disclosure of abuse. The
Committee is aware, however, that due to the current lack of
resources, some children must wait to receive these services.
They may be transported hours away from their homes to reach
the nearest physician for an examination. The bill provides
that isolated Indian communities shall receive priority in
receiving such telemedicine services.
4. Major Crimes Act Amendment
Currently, the federal government has jurisdiction to
investigate and prosecute specific acts of child sexual abuse
in Indian Country pursuant to the Major Crimes Act. However,
the federal government does not have jurisdiction to
investigate or prosecute acts of child physical abuse or
neglect unless they rise to the level of serious bodily injury
or death. Given that child abuse or neglect is not a crime
listed in the Major Crimes Act, these acts cannot be prosecuted
using comparable state offenses. While Indian tribes have
jurisdiction to investigate and prosecute acts of child abuse
and neglect, tribal criminal prosecutions are limited to acts
committed by Indians and to criminal sanctions of no more than
one-year in custody and a $5,000 fine. The Committee is
concerned that a whole category of crimes against children may
be going unaddressed. Therefore, S. 398 contains an amendment
to the Major Crimes Act to criminalize acts of child abuse and
child neglect in Indian Country. This amendment is intended to
close the gap that may exist in addressing the full range of
crimes that may be inflicted on Indian children. The Committee
encourages the federal government and the tribes to use
multidisciplinary teams to determine how to proceed in
adjudicating such crimes to avoid duplication of effort and to
minimize the trauma to the child often associated with
prolonged exposure to the judicial systems.
Legislative History
S. 398 was introduced on January 25, 2007, by Senators
Dorgan, McCain, Inouye, Thomas and Domenici, and was referred
to the Committee on Indian Affairs. On February 8, 2007, S. 398
was unanimously passed out of the Committee and ordered
reported without amendment.
Committee Recommendation and Tabulation of Vote
On February 8, 2007, the Committee, in an open business
session, considered S. 398. By a voice vote, the Committee
ordered the bill reported favorably to the full Senate with the
recommendation that the bill do pass.
Section-by-Section Analysis
Section 1
Short title. Indian Child Protection and Family Violence
Prevention Act Amendments of 2007.
Section 2
Sec. 402. Findings and purpose.
A new finding is added which recognizes the responsibility
of the federal and state governments in investigating and
prosecuting felony acts of child abuse in Indian Country. A new
purpose has been added to identify and remove impediments to
the investigation and prosecution of acts of child abuse.
Section 3
Sec. 403. Definitions.
The definition of ``local law enforcement agency'' is
modified to include a tribal law enforcement agency operating
pursuant to a grant, contract or compact under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.). Two new definitions are added. The term ``final
conviction'' is defined with respect to an offense, as a formal
judgment of guilty through a verdict by a judge or jury or a
plea of guilty or nolo contendere, but does not include any
formal judgment that has been expunged by pardon, reversed, set
aside, or otherwise voided. The term ``telemedicine'' means a
telecommunications link to an end user through the use of
eligible equipment that electronically links health
professionals or patients and health professionals at separate
sites in order to exchange health care information in audio,
video, graphic, or other format for the purpose of providing
improved health care diagnosis and treatment.
Section 4
Sec. 404. Reporting procedures.
An amendment to section 404 brings the Act into conformity
with other federal child abuse reporting statutes to provide
confidentiality protections for the child and to permit
disclosure of information about the child only to those who
need to know such information in investigating, treating or
adjudicating child abuse. See Title 18 United States Code
Section 3509.
The amendment to section 404 also requires the Federal
Bureau of Investigation, in coordination with the Attorney
General and the Secretary of Interior, to annually report to
appropriate Committees of Congress the number of child abuse
incidents that have been reported to it by virtue of the
original law. This amendment is intended to enhance the
Congress' understanding of the extent of child abuse in Indian
Country.
This section also requires the Secretary, in consultation
with the Secretary of the Department of Health and Human
Services and the Attorney General and Indian tribes, to gather
other data relating to child abuse from the Indian tribes,
federal and local law enforcement, criminal justice, behavioral
health and medical agencies. This information has not
previously been gathered or provided to the Congress and will
assist the Congress in determining the type of resources
necessary to address child abuse and where to direct such
resources.
Section 5
Repeals Sec. 405. Central registry.
Removal of Barriers to Reducing Child Abuse.
The existing Section 405, the central registry provision,
is repealed, based on recommendations from the Bureau of Indian
Affairs that due process concerns and developing a mechanism
that requires tribal implementation created substantial
obstacles. The new section that replaces this provision
requires a federal study and report to Congress to identify
factors that are impeding the reduction of child abuse in
Indian Country.
Section 6
Sec. 406. Confidentiality.
Section 406 is amended to broaden the waiver of laws
requiring confidentiality of records to permit agencies that
investigate and treat child abuse to receive the otherwise
confidential information in the performance of their duties.
Section 7
Sec. 407. Waiver of parental consent.
Section 407 specifies that no parental consent for forensic
examinations is necessary if the reporting agency suspects a
child has been abused. A new provision is added which is
intended to minimize additional trauma to the child who may
have been subject to abuse by requiring, to the greatest degree
possible, avoidance of multiple interviewers in the examination
and interview processes.
Section 8
Sec. 408. Character investigations.
This section requires Department of the Interior and
Department of Health and Human Services to conduct character
investigations of individuals who work in positions, including
voluntary positions, where they have regular contact with
children. A new provision is added which is intended to remove
redundancy in conducting background character investigations.
This new provision deems that a character investigation under
this subsection shall satisfy any requirement under any other
federal law requiring background checks in connection with the
placement of an Indian child in a tribally-licensed or approved
foster or adoptive home, or other out-of-home placement.
Section 9
Sec. 409. Indian child sexual abuse treatment grant
program.
This section reauthorizes appropriations for each FY 2008
through 2012 at such sums as necessary.
Section 10
Sec. 410. Indian child resource and family services
centers.
Section 410 is amended to establish Indian Child Resource
and Family Services Centers within each BIA Regional Office,
rather than Area Offices, and includes the Attorney General in
the agencies permitted to participate in the service centers.
The service centers are to provide services to victims and
families who have suffered abuse or violence, and provide
training for tribal staff in child sexual abuse investigation
and treatment or post-traumatic stress disorder treatment. The
provision expands the lists of personnel appropriate for a
multi-disciplinary team and reauthorizes appropriations for
each FY 2008 through 2012 at such sums as necessary.
Section 11
Sec. 412. Use of telemedicine.
A new Section 412 is added to authorize the Indian Health
Service to enter into contracts or agreements with experienced
private or public medical and treatment practitioners for the
use of telemedicine in the treatment and diagnosis of Indian
children. The Service is authorized to enter into contracts or
agreements for the use of telemedicine with a public or private
university or facility, including a medical university or
facility, or any private medical or behavioral health
professional, with experience relating to pediatrics to assist
the Service in the diagnosis and treatment of child abuse, or
training of IHS personnel in diagnosing and treating child
abuse. IHS would use existing telemedicine infrastructure and
give priority to rural and isolated Service Units or medical
facilities for these services. Access to any information or
consultation on the treatment of Indian children who have, or
may have, been subject to abuse or neglect, is limited to
purposes of telemedicine services addressed in this section. An
authorization of appropriations is provided for FY 2008 through
2012 at such sums as necessary.
Section 12
Conforming Amendments.
Section 413 amends Title 18 U.S.C. Sec. 1169 to broaden the
class of people required to report child abuse to include
foster parents and volunteers, thus bringing the Act into
conformity with other federal child abuse reporting statutes.
See Title 42 United States Code Section 13031. ``Felony child
neglect, felony child abuse'' are added to the list of offenses
in the Major Crimes Act (18 U.S.C. 1153(a)). Other technical
corrections are made to this section.
Cost and Budgetary Considerations
The Congressional Budget Office has calculated the cost
estimate for S. 398 as follows:
S. 398--Indian Child Protection and Family Violence Prevention Act
Amendments of 2007
Summary: S. 398 would authorize appropriations to operate
Bureau of Indian Affairs (BIA) and Indian Health Service (IHS)
programs aimed at preventing abuse of Indian children. CBO
estimates that implementing S. 398 would cost about $140
million over the 2008-2012 period, assuming appropriation of
the necessary amounts. Enacting the bill would not affect
direct spending or revenues.
S. 398 would limit the authority of states to release names
or other information about abused children under certain
circumstances, and it would preempt state laws governing
background check as conducted by tribes. Those provisions would
be intergovernmental mandates as defined in the Unfunded
Mandates Reform Act (UMRA), but they would impose no costs on
state, local, or tribal governments. Thus, the threshold
established in UMRA ($66 million in 2007, adjusted annually for
inflation) would not be exceeded.
The bill would impose two private-sector mandates as
defined in UMRA. S. 398 would allow local law enforcement and
local child protective services to perform forensic
examinations of children without parental consent and thus deny
parents that right. Additionally, the bill would require
certain individuals to report abuse or suspected abuse to local
authorities. CBO estimates that any direct cost of these
mandates would be minimal.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 398 is shown in the following table. The
cost of this legislation falls within budget functions 450
(community and regional development) and 550 (health).
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By fiscal year, in millions of dollars--
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2008 2009 2010 2011 2012
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Indian Child Abuse Treatment Grants:
Estimated Authorization Level.................................. 12 12 13 13 14
Estimated Outlays.............................................. 6 9 13 13 14
Indian Child Resource and Family Service Centers:
Estimated Authorization Level.................................. 6 6 6 6 7
Estimated Outlays.............................................. 5 6 6 6 7
Use of Telemedicine:
Estimated Authorization Level.................................. 23 7 7 7 8
Estimated Outlays.............................................. 9 14 8 7 7
Other Provisions:
Estimated Authorization Level.................................. 2 2 2 2 2
Estimated Outlays.............................................. 2 2 2 2 2
Total Changes:
Estimated Authorization Level.................................. 43 27 28 28 31
Estimated Outlays.............................................. 22 31 29 28 30
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Basis of estimate: For this estimate, CBO assumes that S.
398 will be enacted in 2007, that the necessary amounts will be
provided for each year, and that spending will follow
historical patterns for similar programs. Based on information
from BIA and IHS, CBO estimates that implementing S. 398 would
cost about $140 million over the 2008-2012 period to operate
programs that would be authorized under the bill.
Indian child abuse treatment grants
Section 9 would authorize the appropriation of such sums as
necessary for fiscal years 2008 through 2012 to provide grants
to Indian tribes to treat child abuse. The grants would be
administered by the IHS. Based on the level of spending
previously authorized for this activity (but which has not been
previously funded), CBO estimates that implementing the grant
program would cost $6 million in 2008 and $55 million over the
2008-2012 period, assuming appropriation of the necessary
funds.
Indian child resource and family services centers
Section 10 would authorize the appropriation or such sums
as are necessary for fiscal years 2008 through 2012 for Indian
Child Resource and Family Services Centers. One center would be
established in each of the 12 BIA regions and would provide
services to victims and families who have suffered abuse or
violence and provide training to tribal staff regarding family
violence, child abuse, and child neglect. CBO estimates that
implementing this section would cost about $6 million a year to
fund the professional staff recommended in the bill, assuming
appropriation of the necessary amounts.
Use of telemedicine
Section 11 would authorize the appropriation of such sums
as are necessary for fiscal years 2008 through 2012 for IHS to
use telemedicine (the transfer of medical information via
electronic communication) to better diagnose and treat child
abuse. Based on information from IHS, CBO estimates that
implementing this section would cost about $9 million in 2008
and $45 million over the 2008-2012 period for new equipment,
staff, and training.
Other provisions
The legislation includes provisions that would add new
information collecting and reporting requirements to federal
agencies that would oversee Indian child abuse under the bill.
Based on information from the agencies about the costs of
similar services, CBO estimates that implementing those
provisions would cost $2 million annually.
Estimated impact on state, local, and tribal governments:
S. 398 would prohibit local law enforcement or child protection
agencies from disclosing names or other information about
abused children to entities that are not involved in preventing
or treating child abuse. The bill also would deem background
checks certified and conducted by tribes as having met state
requirements. Because these provisions place limitations on
state authority or laws, they would be intergovernmental
mandates as defined in UMRA. However, CBO estimates that the
mandates would impose no costs on state, local, or tribal
governments. Therefore, the threshold established in UMRA ($66
million in 2007, adjusted annually for inflation) would not be
exceeded.
Estimated impact on the private sector: The bill would
impose two private-sector mandates as defined in UMRA. S. 398
would allow local law enforcement and local child protective
services to perform forensic examinations of children without
parental consent and thus deny parents that right. Additionally
the bill would require certain individuals to report abuse or
suspected abuse to local authorities CBO estimates that any
direct cost of these mandates would be minimal.
Estimate prepared by: Federal Costs: Daniel Hoople and Eric
Rollins. Impact on State, Local, and Tribal Governments: Leo
Lex. Impact on the Private Sector: Peter Richmond.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory and Paperwork Impact Statement
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires that each report accompanying a bill to
evaluate the regulatory and paperwork impact that would be
incurred in carrying out the bill. The Committee has concluded
that the regulatory and paperwork impacts of S. 398 should be
de minimis.
Executive Communications
In the 109th Congress, Chairman McCain and Vice Chairman
Dorgan of the Committee sent letters to the Federal Bureau of
Investigation, the Indian Health Service and the Bureau of
Indian Affairs, requesting information on each agency's
implementation of the law. A copy of each letter and the
respective agency response is attached.
U.S. Senate,
Committee on Indian Affairs,
Washington, DC, September 21, 2005.
Re Reauthorization of The Indian Child Protection and Family Violence
Protection Act, Public Law 101-630
Director Robert S. Mueller III,
Federal Bureau of Investigation,
Pennsylvania Avenue, NW., Washington, DC.
Dear Director Mueller: The Federal Bureau of Investigation
is authorized by statute to investigate Major Crimes that occur
in Indian Country, including crimes against children. In 1993,
The Indian Child Protection and Family Violence Prevention Act
(``the Act'') was enacted after the disclosure of multiple
instances of Indian child sexual abuse that were perpetrated by
Indian school employees in Indian Country over a number of
years. Among other requirements, the Act mandated reports of
child abuse in Indian Country, sought to track the extent of
child abuse, and reduce incidents of child abuse there.
The Act is now due to be reauthorized. To determine whether
the existing law is meeting its intended purpose, the Committee
requests information from your agency:
Section 404 of the Act requires all local law enforcement
agencies in Indian Country to report allegations of child
abuse, involving an Indian child and an Indian perpetrator, to
the Federal Bureau of Investigation:
1. Does the FBI routinely receive reports of Indian child
abuse in Indian Country by local law enforcement agencies? If
not, please identify the obstacles affecting their ability to
do so or the ability of the FBI to gather that information;
2. Upon receiving reports of Indian child abuse, how are
these reports documented within the FBI;
3. How many reports of Indian child abuse has the FBI
received in the last 3 years;
4. What does the FBI do with these reports, and
5. What, if any, new trends or obstacles has the FBI
encountered in investigating crimes against children in Indian
Country.
Finally, please share with the Committee any
recommendations that you have for improving the Act and for
addressing crimes against children in Indian Country.
Thank you for your immediate attention to this matter.
Sincerely,
John McCain,
Chairman, Committee on
Indian Affairs.
Byron L. Dorgan,
Committee on Indian Affairs.
------
Department of Justice,
Federal Bureau of Investigation,
Washington, DC, November 18, 2005.
Hon. John McCain,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: Thank you for your September 21, 2005,
letter. I appreciate the opportunity to provide you the
following information in response to your request regarding the
reauthorization of The Indian Child Protection and Family
Violence Protection Act.
1. Does the FBI routinely receive reports of Indian child
abuse in Indian Country by local law enforcement agencies? If
not, please identify the obstacles affecting their ability to
do so or the ability of the FBI to gather that information.
The FBI routinely receives reports of Indian child abuse
from various local law enforcement agencies in Indian Country,
including the Bureau of Indian Affairs, Office of Law
Enforcement Services (BIA-OLES). Additionally, the FBI receives
referrals of allegations of Indian child abuse from other
public service entities such as schools, medical professionals
and child protective service organizations. Some of these
referrals are the direct result of FBI participation on Multi-
Disciplinary Teams (MDT) or Child Protection Teams (CPT) in
Indian communities.
There may be instances where child abuse complaints are
received and investigated by other law enforcement agencies in
Indian Country and the FBI is not made immediately aware of
those allegations.
2. Upon receiving reports of Indian child abuse, how are
these reports documented within the FBI?
Allegations of child abuse are documented in FBI
investigative files if an investigation is initiated. In cases
where the FBI refers the allegations to either tribal law
enforcement or BIA-OLES, the allegation may be documented in a
complaint form or other communication.
3. How many reports of Indian child abuse has the FBI
received in the last 3 years?
The number of Indian child abuse allegations received by
the FBI in the last 3 years can be determined by the number of
investigations conducted by the FBI in the Sexual Abuse of
Child or Physical Abuse of a Child investigative
classifications and by the number of allegations documented in
a format other than an investigative file. During the period
covering fiscal years 2003 through 2005, the FBI initiated
1,596 investigations in matters involving Indian child abuse.
This represents 30% of all FBI investigations in Indian Country
during that period.
Child abuse allegations received by the FBI and documented
in a format other than an investigative file represent child
abuse reports with various dispositions, including
unsubstantiated reports, referral to other investigative
agencies, or immediate declinations of prosecution. During the
period covering fiscal years 2003 through 2005, the FBI
documented 1,451 reports of matters involving Indian child
abuse. Two FBI field divisions in South Dakota and Arizona
participate on extensive MDT projects that essentially result
in the FBI field divisions documenting nearly all reports of
child abuse that are collectively received by all participating
agencies on the MDT. Accordingly, 1,005 of those reports were
documented by the Minneapolis and Phoenix FBI field divisions.
4. What does the FBI do with these reports?
In nearly all cases of Indian child abuse reports received
by FBI field divisions, investigations are conducted either by
FBI Indian Country agents or task force members working with
the FBI on Indian Country Safe Trails Task Forces (STTF). In
circumstances, where the severity of the abuse is determined to
be less serious, the allegations may be referred to tribal or
BIA-OLES personnel for investigation and presentation to tribal
courts as deemed necessary.
5. What, if any, new trends or obstacles has the FBI
encountered in investigating crimes against children in Indian
Country?
The FBI faces many unique, challenging obstacles in
investigating crimes against children in Indian Country. These
investigations often require significant commitments of
investigative manpower in remote areas. This frequently means
investigators must travel substantial distances and are without
ready access to the technical expertise which is essential to
their investigations. These investigations usually require
substantial, specialized and expensive techniques, such as
forensic interviewing of victims, serology/DNA and autopsy
examinations, and polygraph examinations. Indian Country
investigations are also hampered by the reluctance of witnesses
to cooperate, due to close family structures in most tribal
communities and cultural sensitivities in tribal relations.
6. Finally, please share with the Committee any
recommendations that you have for improving the Act and for
addressing crimes against children in Indian Country.
Indian Country law enforcement is hampered by a lack of
standardized crime reporting for crimes in Indian Country. The
standardization of crime reporting would be of invaluable
assistance to the FBI and the BIA-OLES in identifying, tracking
and analyzing crimes and crime trends.
If I can be of further assistance to you regarding this
matter, please do not hesitate to contact me.
Sincerely yours,
Chris Swecker,
Assistant Director,
Criminal Investigative Division.
------
U.S. Senate,
Committee on Indian Affairs,
Washington, DC, September 21, 2005.
Re Reauthorization of The Indian Child Protection and Family Violence
Protection Act, Public Law 101-630
Secretary Michael O. Leavitt,
U.S. Department of Health and Human Services,
Office of the Secretary, Washington, DC.
Dear Secretary Leavitt: In 1993, The Indian Child
Protection and Family Violence Prevention Act (``the Act'') was
enacted after it was disclosed that multiple instances of
Indian child sexual abuse were perpetrated by Indian school
employees (including federal employees) in Indian Country over
a number of years. The primary goals of the Act are to reduce
the incidents of child abuse, mandate reports of child abuse in
Indian Country, and to track the extent of child abuse there.
The Act is due to be reauthorized. To determine whether the law
is meeting its intended purpose, we request the following
information.
Section 405 required the Department, in consultation with
the Department of the Interior, to conduct a study on the
feasibility of establishing a Central Registry to document
reports of Indian child abuse in Indian Country. Please provide
the Committee with any updated information regarding the study
or the implementation of the Central Registry.
Section 408 of the Act requires the Department to conduct
background character investigations on individuals who seek
employment in positions where they would have access to
children. It further mandates that Indian tribes that receive
Indian Self-Determination and Education Assistance Act or
Tribally Controlled School Act funding do the same.
1. How has the Department complied with Section 408;
2. How does the Department determine whether the required
Indian tribes that contract services from the Department comply
with Section 408, and
3. Does the Department believe that Section 408 has met its
intended purpose in keeping children safe?
Section 409 provides that the Department, acting through
the Department of the Interior, shall establish an Indian Child
Abuse Treatment Grant program to establish child abuse
treatment programs. Please provide the Committee with a status
report on this grant program. In addition, please provide the
Committee with a list of additional resources that are
available through the Department to Indian tribes to treat
victims of child abuse.
In addition, please provide the Committee with the
Department's policies or protocols, specifically relating to
the Indian Health Service, for sharing health related
information with tribal, state, and federal law enforcement
agencies who need to know such information in the course of
investigating instances of child abuse.
Finally, please share with the Committee any
recommendations that you have for improving the Act and for
addressing crimes against children in Indian Country.
Thank you for your immediate attention to this matter.
Sincerely,
John McCain,
Chairman, Committee on
Indian Affairs.
Byron L. Dorgan,
Vice Chairman, Committee on
Indian Affairs.
------
Department of Health & Human Services,
Rockville, MD, February 1, 2006.
Hon. John McCain,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Chairman McCain: Secretary Michael Leavitt asked me to
thank you for your September 21, 2005, letter and to respond to
you directly regarding your request for information on the
Department of Health and Human Services' (HHS) role in
implementing the Indian Child Protection and Family Violence
Prevention Act (the Act).
Section 405 of the Act authorizes the Secretary of the
Interior (DOI), in consultation with the Secretary of HHS and
the Attorney General, to prepare a study on the feasibility of
establishing a Central Registry. The DOI consulted with the HHS
and the Attorney General in 1990 and determined that the
establishment of a Central Registry was not feasible due to
privacy and legal concerns.
In regard to your question about Section 408, on September
23, 2002, the HHS published an Interim Final Rule implementing
Section 408 of the Act, as amended by section 814 of the Native
American Laws Technical Corrections Act of 2000. The
regulations establish minimum standards of character for all
positions in the Indian Health Service (IHS) where duties and
responsibilities involve regular contact with children. All
Indian Tribes or Tribal organizations receiving funds under the
authority of the Indian Self-Determination and Education
Assistance Act, as amended, must employ only individuals who
meet standards of character no less stringent than those
established by these regulations. These standards are met only
after individuals in these positions (including volunteers and
contractors), or individuals who are applying for these
positions, have been the subject of a satisfactory background
check. I believe the regulations implementing Section 408
ensure the safety of children. Audits conducted in November
2004 and June 2005 indicated there sometimes were lapses
between the time an individual was identified as an employee
and the completion of the background check. This has been
addressed by requiring new employees to perform their duties
``in the line of sight'' of an experienced staff member until
the clearance process has been completed.
With the establishment of Section 409, the Indian Child
Abuse Treatment Grant Program, the IHS is working independently
as well as collaboratively with other Federal agencies to
provide training materials and to ensure the quality and
character of the IHS staff providing services to our American
Indian and Alaska Native (AI/AN) children and families. Some of
the resources available through the Department to Tribes to
treat victims of child abuse include programs such as the
Indian Child Protection and Child Abuse Prevention
Demonstration Projects for Mental Health/Social Services for
AI/ANs. The following demonstration programs provide additional
resources: ``Pueblo of Isleta,'' ``Little Traverse Bay Band of
Odawa Grandmother's Wisdom Program,'' ``Southern California
Indian Center, Inc.,'' ``Indian Health Care Resource Center of
Tulsa, Inc.,'' ``Confederated Tribes of Siletz Indians,'' and
``The University of Oklahoma's Project Making Medicine.''
Attached please find information on the policies and
protocols that have been shared with Tribal, State, and Federal
law enforcement agencies for the purpose of investigating
instances of abuse. We continue to explore new collaborations
with other Federal agencies that will translate into action
with Indian Country.
I trust this information is helpful. Thank you for your
continued interest in and concern for the health and well-being
of the AI/AN people. A similar letter is being sent to Senator
Byron Dorgan.
Sincerely yours,
Charles W. Grim,
Assistant Surgeon General, Director.
Attachment.
POLICIES AND PROTOCOLS SHARED BY THE INDIAN HEALTH SERVICE WITH TRIBAL,
STATE, AND FEDERAL LAW ENFORCEMENT AGENCIES
The following policies and protocols have been shared with
Tribal, State, and Federal law enforcement agencies for the
purposes of investigating instances of abuse:
The IHS has funded the development of a child
protection manual through the University of Oklahoma's Health
Sciences Center.
The IHS has entered into an inter-agency agreement
with the Department of Justice's Office of Victims of Crime to
train IHS direct care staff in the application of forensic and
telemedicine equipment in child sexual abuse cases.
The IHS has developed the ``Mental Health and
Community Safety Initiative (MH&CSI) for AI/AN Children, Youth
and Families'' to develop innovative strategies that focus on
community safety needs. ``Project Making Medicine,'' a ``train-
to-trainer'' model, provides awareness and intervention
training for Tribal communities as well as a child abuse and
neglect resource manual.
Finally, an interagency agreement with the
Substance Abuse and Mental Health Services Administration
(SAMHSA) provides 16 Tribal cooperation demonstration projects
from the MH&CSI. These projects deliver mental health services
to Indian children who are at risk of becoming involved with
the local justice system due to mental and behavioral health
problems.
------
U.S. Senate,
Committee on Indian Affairs,
Washington, DC, September 21, 2005.
Secretary Gale A. Norton,
Re Reauthorization of The Indian Child Protection and Family Violence
Protection Act, Public Law 101-630
U.S. Department of the Interior,
Office of the Secretary, Washington, DC.
Dear Secretary Norton: In 1993, The Indian Child Protection
and Family Violence Prevention Act (``the Act'') was enacted
after it was disclosed that multiple instances of Indian child
sexual abuse were perpetrated by Indian school employees
(including federal employees) in Indian Country over a number
of years. The primary goals of the Act are to reduce the
incidents of child abuse, mandate reports of child abuse in
Indian Country, and to track the extent of child abuse there.
The Act is due to be reauthorized. To determine whether the law
is meeting its intended purpose, we request the following
information:
Section 404 of the Act requires all local law enforcement
agencies in Indian Country to report allegations of child
abuse, involving an Indian child and an Indian perpetrator, to
the Federal Bureau of Investigation:
1. Does the Bureau of Indian Affairs Office of Law
Enforcement Services routinely receive reports of Indian child
abuse in Indian Country by local law enforcement agencies,
including those agencies operating under Indian Self-
Determination and Education Assistance Act contracts? If not,
please identify the obstacles impeding their ability to do so;
2. Upon receiving reports of Indian child abuse, are these
reports provided to the Federal Bureau of Investigation? If
not, please explain why;
3. How many reports of Indian child abuse has the BIA
Office of Law Enforcement Services responded to in the last 3
years;
4. What, if any, new trends or obstacles has the BIA
encountered in investigating crimes against children in Indian
Country.
Section 408 of the Act requires the Department of the
Interior to conduct background character investigations on
individuals who seek employment in positions where they would
have access to children. It further mandates that Indian tribes
that receive Indian Self-Determination and Education Assistance
Act or Tribally Controlled School Act funding do the same.
1. How has the Department complied with Section 408;
2. How does the Department determine whether the required
Indian tribes comply with Section 408, and
3. Does the Department believe that Section 408 has met its
intended purpose in keeping children safe?
Section 405 required the Department, in consultation with
the Department of Health and Human Services, to conduct a study
on the feasibility of establishing a Central Registry to
document reports of Indian child abuse in Indian Country.
Please provide the Committee with any updated information
regarding the study or implementation of the Central Registry.
Section 409 provides that the Department of Health and
Human Services, acting through the Department of the Interior,
shall establish an Indian Child Abuse Treatment Grant program
to establish child abuse treatment programs. Please provide the
Committee with a status report on this grant program.
Finally, please share with the Committee any
recommendations that you have for improving the Act and for
addressing crimes against children in Indian Country.
Thank you for your immediate attention to this matter.
Sincerely,
John McCain,
Chairman, Committee on
Indian Affairs.
Byron L. Dorgan,
Vice Chairman, Committee on
Indian Affairs.
U.S. Department of the Interior,
Bureau of Indian Affairs,
Washington, DC, October 27, 2005.
Hon. John McCain,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: Thank you for your September 21, 2005,
letter to Secretary of the Interior Gale A. Norton regarding
the reauthorization of the Indian Child Protection and Family
Violence Protection Act, Public Law 101-630 (the Act). The
Secretary has asked me to respond to your inquiry.
Pursuant to Section 404 of the Act, all law enforcement
agencies in Indian country report allegations of child abuse
involving an Indian child and an Indian perpetrator to the
Federal Bureau of Investigation (FBI). The Bureau of Indian
Affairs (BIA) Office of Law Enforcement Services (OLES)
routinely receives reports of Indian child abuse from local law
enforcement agencies within Indian country, including tribally
contracted and compacted programs. These reports are provided
to the local FBI field office and the United States Attorney's
Office. The BIA OLES has responded to 2,593 Indian child abuse
calls in the last three years. This figure is limited to BIA
managed programs. The BIA OLES, tribal police, and the FBI are
committed to working together to coordinate their
responsibilities in reporting child abuse cases.
Pursuant to Section 408 of the Act, the Office of Indian
Education Programs (OIEP) within the BIA requires that
screening be conducted for each individual who is employed in
or being considered for employment within its jurisdiction for
a position having contact with or control over Indian children.
It is the policy of OIEP that the initiation of a background
investigation include an Advanced FBI Fingerprint check. The
BIA further requires that all Indian tribal governments or
their entities operating Bureau-funded schools sign within
their grant or contract award documents Statements of Assurance
to comply with Section 408 requirements. These contracts and
compacts are monitored by the BIA OLES and compliance with
local law enforcement reporting requirements is ensured.
The BIA OLES believes that Section 408 has only partially
met is intended purpose. Record checks have been limited to
submissions of fingerprints to the FBI. The FBI only maintains
records that are forwarded to them by local agencies or cases
they investigate. Tribal convictions are not included in a
basic criminal records check. There are also instances where
crimes that result in a plea bargain may result in contact with
children when the actual conviction of the crime would present
such interaction.
In a more positive light, each school sends its reports
directly to local law enforcement. The OIEP Security Office
keeps track of the number of Suspected Child Abuse/Neglect
(SCAN) reports. Once an incident is reported at the local
school level, an investigative team designated by a OIEP line
officer conducts the investigation of the incident. The OIEP
Security Office conducts annual training for these teams and
partners with OLES and also provides information on what to
look for when investigating an incident.
Contrary to the provisions of Section 405 of the Act, a
Central Registry has not been established. A feasibility study
for this registry was completed in 1994. The study concluded
that the main obstacles to implementing the Central Registry
were overcoming due process concerns and developing a mechanism
that would require tribal implementation. To date, these
obstacles remain a challenge. A federal study to identify
factors that are impeding the reduction of child abuse in
Indian country would fulfill the intent of Section 405, as the
legal and other obstacles to implementation of the Central
Registry may never be overcome.
The Department of Health and Human Services has not
established an Indian Child Abuse Treatment Grant Program. For
more information on the implementation of this grant program,
you may contact Michael Mahsetky, Director of Congressional and
Legislative Affairs, Indian Health Service, at 301-443-7261.
Thank you for bringing this important matter to our
attention. We appreciate your continued interest in Indian
country law enforcement. We have sent an identical letter to
Senator Byron L. Dorgan, Vice Chairman, Committee on Indian
Affairs.
Sincerely,
W.P. Ragsdale,
Director, Bureau of Indian Affairs.
Changes in Existing Law
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 398, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new language to be added in italic, existing law to
which no change is proposed is shown in roman):
Indian Child Protection and Family Violence Prevention Act
Public Law 101-630
25 U.S.C. Sec. 3201
25 U.S.C. Sec. 3201. FINDINGS AND PURPOSE.
(a) Findings.--The Congress, after careful review of the
problem of child abuse on Indian reservations and the
historical and special relationship of the Federal Government
with Indian people,
(1) finds that--
* * * * * * *
(E) the Federal Government and certain State
governments are responsible for investigating
and prosecuting certain felony crimes,
including child abuse, in Indian Country,
pursuant to chapter 53 of title 18, United
States Code;
[(E)] (F) funds spent by the United States on
Indian reservations or otherwise spent for the
benefit of Indians who are victims of child
abuse or family violence are inadequate to meet
the growing needs for mental health treatment
and counseling for victims of child abuse or
family violence and their families; and
[(F)] (G) there is no resource that is more
vital to the continued existence and integrity
of Indian tribes than their children and the
United States has a direct interest, as
trustee, in protecting Indian children who are
members of, or are eligible for membership in,
an Indian tribe; and
(2) declares that [two] the major goals of the United
States are to--
(A) identify the scope of incidents of abuse
of children and family violence in Indian
Country and to reduce such incidents [and];
(B) provide funds for mental health treatment
for Indian victims of child abuse and family
violence on Indian reservations[,]; and
(C) identify and remove any impediment to the
immediate investigation of incidents of child
abuse in Indian Country.
(b) Purpose.--The purposes of this title are to--
(1) * * *
[(3) authorize such other actions as are necessary to
ensure effective child protection in Indian Country]
(3) provide for a background investigation for any
employee or volunteer who has access to children;
(6) establish Indian Child Resource and Family
Services Centers in each Bureau of Indian Affairs [Area
Office] Regional Office which will consist of multi-
disciplinary teams of personnel with experience and
training in the prevention, identification,
investigation, and treatment of child abuse and
neglect;
* * * * * * *
25 U.S.C. Sec. 3202
25 U.S.C. Sec. 3202. DEFINITIONS.
For the purposes of this title, the term--
* * * * * * *
(6) `final conviction' means the final judgment on a
verdict or finding of guilty, a plea of guilty, or a
plea of nolo contendere, but does not include a final
judgment that has been expunged by pardon, reversed,
set aside, or otherwise rendered valid;
[(6)] (7) ``Indian'' means any individual who is a
member of an Indian tribe;
[(7)] (8) ``Indian child'' has the meaning given to
such term by section 4(4) of the Indian Child Welfare
Act of 1978 (25 U.S.C. 1903(4));
[(8)] (9) ``Indian Country'' has the meaning given to
such term by section 1151 of title 18, United States
Code;
[(9)] (10) ``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)] (11) ``Indian tribe'' and ``tribal
organization'' have the respective meanings given to
each of such terms under section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b);
[(11)] (12) ``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)] (13) ``local child protective services
agency'' means [that agency of the Federal Government,
of a State, or of an Indian tribe] the Federal, State
or tribal agency that has the primary responsibility
for child protection on any Indian reservation or
within any community in Indian Country;
[(13)] (14) ``local law enforcement agency'' means
that Federal, tribal, or State law enforcement agency
(including a tribal law enforcement agency operating
pursuant to a grant, contract or compact under the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.)) that has the primary
responsibility for the investigation of an instance of
alleged child abuse within the portion of Indian
Country involved;
[(14)] (15) ``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)] (16) ``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)] (17) ``Secretary'' means the Secretary of the
Interior;
[(17)] (18) ``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)] (19) ``Service'' means the Indian Health
Service of the Department of Health and Human
Services[.]; and
(20) ``telemedicine'' means a telecommunications link
to an end user through the use of eligible equipment
that electronically links health professionals or
patients and health professionals at separate sites in
order to exchange health care information in audio,
video, graphic, or other format for the purpose of
providing improved health care diagnosis and treatment.
25 U.S.C. Sec. 3203
25 U.S.C. Sec. 3203. REPORTING PROCEDURES.
* * * * * * *
(c) Written Report of Child Abuse.--
[(1) Within] (1) In general.--Not later than 36 hours
after receiving an initial report described in
subsection (b), the receiving agency shall prepare a
written report which shall include, if available--
* * * * * * *
[(2)(A) Any] (2) Investigation of reports.--
(A) In general.--Any local law enforcement
agency or local child protective services
agency that receives a report alleging abuse
described in section 403(3) shall immediately
initiate an investigation of such allegation
and shall take immediate, appropriate steps to
secure the safety and well-being of the child
or children involved.
[(B) Upon] (B) Final written report.--On
completion of the investigation of any report
of alleged abuse that is made to a local law
enforcement agency or local child protective
services agency, such agency shall prepare a
final written report on such allegation
including any Federal, State, or tribal final
conviction, and provide to the Federal Bureau
of Investigation a copy of the report.
(C) Maintenance of final reports.--The
Federal Bureau of Investigation shall maintain
a record of each written report submitted under
this subsection or subsection (b) in a manner
in which the report is accessible to--
(i) a local law enforcement agency
that requires the information to carry
out an official duty; and
(ii) any agency requesting the
information under section 408.
(D) Report to congress.--Not later than 1
year after the date of enactment of this
subsection, and annually thereafter, the
Director of the Federal Bureau of
Investigation, in coordination with the
Secretary and the Attorney General, shall
submit to the Committees on Indian Affairs and
the Judiciary of the Senate and the Committees
on Natural Resources and the Judiciary of the
House of Representatives a report on child
abuse in Indian Country during the preceding
year.
(E) Collection of data.--Not less frequently
than once each year, the Secretary, in
consultation with the Secretary of Health and
Human Services, the Attorney General, the
Director of the Federal Bureau of
Investigations, and any Indian tribe, shall--
(i) collect any information
concerning child abuse in Indian
Country (including reports under
subsection (b)), including information
relating to, during the preceding
calendar year--
(I) the number criminal and
civil abuse allegations and
investigations in Indian
Country;
(II) the number of child
abuse prosecutions referred,
declined or deferred in Indian
Country;
(III) the number of child
victims who are the subject of
reports of child abuse in
Indian Country;
(IV) sentencing patterns of
individuals convicted of child
abuse in Indian Country; and
(V) rates of recidivism with
respect to child abuse in
Indian Country; and
(ii) to the maximum extent
practicable, reduce the duplication of
information collection under clause
(i).
* * * * * * *
(e) Confidentiality of Children.--No local law enforcement
agency or local child protective services agency shall disclose
the name of, or information concerning, the child to anyone
other than--
(1) a person who, by reason of the participation of
the person in the treatment of the child or the
investigation or adjudication of the allegation, needs
to know the information in the performance of the
duties of the individual; or
(2) an officer of any other Federal, State, or tribal
agency that requires the information to carry out the
duties of the officer under section 406.
(f) Report.--Not later than 1 year after the date of
enactment of this subsection, and annually thereafter, the
Secretary shall submit to the Committees on Indian Affairs and
the Judiciary of the Senate and the Committees on Natural
Resources and the Judiciary of the House of Representatives a
report on child abuse in Indian Country during the preceding
year.
(g) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section for each of fiscal years 2008 through 2012.
25 U.S.C. Sec. 3204
25 U.S.C. Sec. 3204. [CENTRAL REGISTRY.]
[(a) Preparation of Study.--The Secretary, in consultation
with the Secretary of Health and Human Services and the
Attorney General of the United States, is hereby authorized and
directed to prepare a written study on the feasibility of, and
need for, the establishment of a Central Register for reports
or information on the abuse of children in Indian Country.
[(b) Content of Study.--The study conducted pursuant to
subsection (a) shall include, but shall not be limited to-
[(1) the need for, and purpose of, a Central
Register;
[(2) the examination of due process implication of
the maintenance of such a register;
[(3) the extension of access to information contained
in the register;
[(4) the need and process for expunging information
from the register;
[(5) the types, and duration of maintenance, of
information in the register; and
[(6) the classes of persons who should be covered by
such register.
[(c) Submission to Congress.--The Secretary shall complete
the study conducted pursuant to this section and shall submit
such study, together with recommendations and draft legislation
to implement such recommendations, to the Congress within 180
days after the date of enactment of this title.]
REMOVAL OF IMPEDIMENTS TO REDUCING CHILD ABUSE.
(a) Study.--The Secretary, in consultation with the
Attorney General and the Service, shall conduct a study under
which the Secretary shall identify any impediment to the
reduction of child abuse in Indian Country and on Indian
reservations.
(b) Inclusions.--The study under subsection (a) shall
include a description of--
(1) any impediment, or recent progress made with
respect to removing impediments, to reporting child
abuse in Indian Country;
(2) any impediment, or recent progress made with
respect to removing impediments, to Federal, State, and
tribal investigations and prosecutions of allegations
of child abuse in Indian Country; and
(3) any impediment, or recent progress made with
respect to removing impediments, to the treatment of
child abuse in Indian Country.
(c) Report.--Not later than 18 months after the date of
enactment of the Indian Child Protection and Family Violence
Prevention Act Amendments of 2007, the Secretary shall submit
to the Committees on Indian Affairs and the Judiciary of the
Senate and the Committees on Natural Resources and the
Judiciary of the House of Representatives, a report
describing--
(1) the findings of the study under this section; and
(2) recommendations for legislative actions, if any,
to reduce instances of child abuse in Indian country.
25 U.S.C. Sec. 3205
25 U.S.C. Sec. 3205. CONFIDENTIALITY.
[Pursuant to section 552a of title 5, United States Code,
the Family Educational Rights and Privacy Act of 1974 (20
U.S.C. 1232g) or Section 264 of title 42, the Health Insurance
Portability and Accountability Act (42 U.S.C. 1320d), or
provision of law, agencies of any Indian tribe, of any State,
or of the Federal Government that investigate and treat
incidents of abuse of children may provide information and
records to those agencies of any Indian tribe, any State, or
the Federal Government that need to know the information in
performance of their duties. For purposes of this section,
Indian tribal governments shall be treated the same as other
Federal Government entities.]
(a) In General.--Not withstanding any other provision of
law, any Federal, State, or tribal government agency that
treats or investigates incidents of child abuse may provide
information and records to an officer of any other Federal,
State, or tribal government agency that requires the
information to carry out the duties of the officer, in
accordance with section 552a of title 5, United States Code,
section 361 of the Public Health Service Act (42 U.S.C. 264),
the Family Educational Rights and Privacy Act of 1974 (20
U.S.C. 1232g), part C of title XI of the Social Security Act
(42 U.S.C. 1320d et seq.), and other applicable Federal law.
(b) Treatment of Indian Tribes.--For purposes of this
section, an Indian tribal government shall be considered to be
an entity of the Federal Government.
25 U.S.C. Sec. 3206
25 U.S.C. Sec. 3206. WAIVER OF PARENTAL CONSENT.
(a) Examinations and Interviews.--Photographs, x-rays,
medical examinations, psychological and forensic examinations,
and interviews of an Indian child alleged to have been subject
to abuse in Indian Country shall be allowed without parental
consent if local child protective services or local law
enforcement officials have reason to believe the child has been
subject to abuse.
* * * * * * *
[(c) Protection of Child.--Examinations and interviews of a
child who may have been the subject of abuse shall be conducted
under such circumstances and with such safeguards as are
designed to minimize additional trauma to the child and, where
time permits, shall be conducted with the advise, or under the
guidance, of a local multidisciplinary team established
pursuant to section 411 or, in the absence of a local team, a
multidisciplinary team established pursuant to section 410.]
(c) Protection of Child.--Any examination or interview of a
child who may have been the subject of child abuse shall--
(1) be conducted under such circumstances and using
such safeguards as are necessary to minimize additional
trauma to the child;
(2) avoid, to the maximum extent practicable,
subjecting the child to multiple interviewers during
the examination and interview processes; and
(3) as time permits, be conducted using advice from,
or under the guidance of--
(A) a local multidisciplinary team
established under section 411; or
(B) if a local multidisciplinary team is not
established under section 411, a
multidisciplinary team established under
section 410.
25 U.S.C. Sec. 3207
25 U.S.C. Sec. 3207. CHARACTER INVESTIGATIONS.
(a) The Secretary and the Secretary of Health and Human
Services Shall--
(1) compile a list of all authorized positions,
including any voluntary positions, within their
respective departments the duties and responsibilities
of which involve regular contact with, or control over,
Indian children[,];
(2) conduct an investigation of the character of each
individual who is employed, or is being considered for
employment (including in a volunteer capacity) by the
respective Secretary in a position listed pursuant to
paragraph (1)[, and]; and
* * * * * * *
(b) Criminal Records.--The minimum standards of character
that are to be prescribed under this section shall ensure that
none of the individuals appointed to positions described in
subsection (a) of this section have been found guilty of, or
entered a plea on nolo contendere or [guilty to, any felonious
offense, or any of two or more misdemeanor offenses, under
Federal, State, or tribal law involving crimes of violence;
sexual assault, molestation, exploitation, contact or
prostitution; crimes against persons; or offenses committed
against children.] guilty to, any felony offense under Federal,
State, or tribal law, or 2 or more misdemeanor offenses under
Federal, State, or tribal law, involving--
(1) a crime of violence;
(2) sexual assault;
(3) child abuse;
(4) molestation;
(5) child sexual exploitation;
(6) sexual contact;
(7) child neglect;
(8) prostitution, or
(9) another offense against a child.
* * * * * * *
(d) Effect on Child Placement.--An Indian tribe that
submits a written statement to the applicable State official
documenting that the Indian tribe has conducted a background
investigation under this section for the placement of an Indian
child in a tribally-licensed or tribally-approved foster care
or adoptive home, or for another out-of-home placement, shall
be considered to have satisfied the background investigation
requirements of any Federal or State law requiring such an
investigation.
25 U.S.C. Sec. 3208
25 U.S.C. Sec. 3208. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM.
* * * * * * *
[(e) there 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.]
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section for each of fiscal years 2008 through 2012.
25 U.S.C. Sec. 3209
25 U.S.C. Sec. 3209. INDIAN CHILD RESOURCE AND FAMILY SERVICES CENTERS.
(a) Establishment.--The Secretary shall establish within
each [area office] Regional 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] The Secretary, the
Secretary of Health and Human Services, and the Attorney
General shall enter into a Memorandum of Agreement which
provides for the staffing of the Centers established under this
section.
* * * * * * *
(d) Center Responsibility and Functions.--
* * * * * * *
(4) develop recommendations to assist Federal, State,
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] Regional 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] (3) adolescent mental and behavioral
health (including suicide prevention and treatment);
(4) domestic violence and sexual assault[.];
(5) criminal prosecution; and
(6) medicine.
(f) Center Advisory Board.--[The Secretary in consultation
with the Secretary of Health and Human Services] (1)
Establishment.--The Secretary, in consultation with the Service
and the Attorney General, 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]
(2) Membership.--Each advisory board [shall consist
of 7 members] shall be appointed by the Secretary from
Indian tribes and human service providers served by an
area office of the Bureau. [Members]
(3) Compensation.--Members shall serve without
compensation, but may be reimbursed for travel and
other expenses while carrying out the duties of the
board. [The advisory]
(4) Duties.--Each 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 the Indian Self-Determination Act to
Centers.--[Indian Child]
(1) In general.--Indian Child Resource and Family
Services Centers established under subsection (a) shall
be subject to the provisions of the Indian Self-
Determination [Act] and Education Assistance Act (25
U.S.C. 450 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 Alaska
Region, 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.]
(2) Certain regional offices.--
(A) In general.--Except as provided in
subparagraph (B), if a Center is located in a
Regional Office of the Bureau that serves more
than 1 Indian tribe, an application to enter
into a grant, contract or compact under the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) to
operate the Center shall contain a consent form
signed by an official of each Indian tribe to
be served under the grant, contract or compact.
(B) Alaska region.--Notwithstanding
subparagraph (A), for Centers located in the
Alaska Region, an application to enter into a
grant, contract, or compact described in that
subparagraph shall contain a consent form
signed by an official of each Indian tribe or
tribal consortium that is a member of a grant,
contract, or compact relating to an Indian
child protection and family violence prevention
program under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et
seq.).This section
(3) Effect of section.--This section shall not
preclude the designation of an existing child resource
and family services center operated by a tribe or
tribal organization as a Center if all of the tribes to
be served by the Center agree to such designation.
[(h) 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.]
(h) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section for each of fiscal years 2008 through 2012.
25 U.S.C. Sec. 3201
25 U.S.C. Sec. 3201. USE OF TELEMEDICINE
(a) Definition of Medical or Behavioral Health
Professional.--In this section, the term `medical or behavioral
health professional' means an employee or volunteer of an
organization that provides a service as part of a comprehensive
service program that combines--
(1) substance abuse (including abuse of alcohol,
drugs, inhalants, and tobacco) prevention and
treatment; and
(2) mental health treatment.
(b) Contracts and Agreements.--The Service is authorized to
enter into any contract or agreement for the use of
telemedicine with a public or private university or facility,
including a medical university or facility, or any private
medical or behavioral health professional, with experience
relating to pediatrics, including the diagnosis and treatment
of child abuse, to assist the Service with respect to--
(1) the diagnosis and treatment of child abuse; or
(2) methods of training Service personnel in
diagnosing and treating child abuse.
(c) Administration.--In carrying out subsection (b), the
Service shall, to the maximum extent practicable--
(1) use existing telemedicine infrastructure; and
(2) give priority to Service units and medical
facilities operated pursuant to grants, contracts, or
compacts under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) that
are located in, or providing service to, remote areas
of Indian country.
(d) Information and Consultation.--On receipt of a request,
for purposes of this section, the Service may provide to public
and private universities and facilities, including medical
universities and facilities, and medical or behavioral health
professionals described in subsection (b) any information or
consultation on the treatment of Indian children who have, or
may have, been subject to abuse or neglect.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section for each of fiscal years 2008 through 2012.
18 U.S.C. Sec. 1153
(a) 18 U.S.C. Sec. 1153(a). Offenses Committed Within
Indian Country, in amended--
(1) in subsection (a) by inserting ``felony child
abuse, felony child neglect'' after ``robbery,''.
18 U.S.C. Sec. 1169
(b) 18 U.S.C. Sec. 1169. Reporting of child abuse, in
amended--
(1) in subsection (a)(1)--
(A) * * *
(B) teacher, school counselor, instructional
aide, teacher's aide, teacher's assistant, or
bus driver employed by or volunteering for any
tribal, Federal, public or private school,
(C) * * *
(D) child day care worker or volunteer,
headstart teacher, public assistance worker,
[worker in a group home] worker or volunteer in
a group home or residential or day care
facility, or social worker,
(E) psychiatrist, psychologist, [or
psychological assistant] psychological or
psychiatric assistant, or person employed in
the mental or behavioral health profession;
(F) licensed or unlicensed marriage, family,
or [child] individual counselor,
[(G) person employed in the mental health
profession or]
(G) foster parent; or
(H) [law enforcement officer, probation
officer] law enforcement personnel, probation
officer, criminal prosecutor, worker in a
juvenile rehabilitation or detention facility,
or person employed in a public agency who is
responsible for enforcing statutes and judicial
orders;
(2) in subsection (c)--
[(3) ``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; and]
(3) `local child protective services agency'
has the meaning given the term in section 403
of the Indian Child Protection and Family
Violence Prevention Act (25 U.S.C. 3202); and
[(4) ``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.]
(4) `local law enforcement agency' has the
meaning given the term in section 403 of that
Act.