§3210 — Title 25 Indians | U.S. Code

Summary

The Secretary of the Interior, through the Bureau of Indian Affairs, must create an Indian Child Protection and Family Violence Prevention Program to give money to Indian tribes, tribal organizations, or inter-tribal consortia to build programs. The Secretary may make agreements under the Indian Self-Determination Act to run these programs on reservations. A tribe that gets money must name the agency or officials who will investigate child abuse and neglect, work to prevent and treat family violence, and provide immediate shelter and help for victims and their dependents. Grant money can pay for things like child protective services (staff, training, equipment, agreements, operations, and multidisciplinary teams), family violence prevention and treatment (staff, shelters and related help, training, and shelter construction or renovation), coordinated child-abuse investigations and prosecutions, tribal child-protection laws, training for professionals and caregivers, community education, and other culturally relevant projects such as parental awareness, substance-related prevention, or home health visitor programs. The Secretary must make rules, with tribes helping, for a funding formula and base support levels. Not later than one year after December 23, 2024, the Secretary must set caseload standards and staffing requirements. Funding levels will match those staffing rules. The formula must consider service population, service area, estimated monthly cases, and special local needs (for example, high rates of abuse or violence). The formula must fund at least one child-protective or family-violence caseworker (with benefits and support costs) for each tribe. If Congress does not provide enough money in a year, available funds for each level are split evenly among tribes that qualify. Not later than 2 years after December 23, 2024, the Secretary must report to Congress on grants, describing services paid for. Grant recipients must give information the Secretary needs to evaluate and account for funds and must send an annual report. The law authorized $30,000,000 for each fiscal year 1992, 1993, 1994, 1995, 1996, and 1997.

Title 25, §3210

Indians — Source: USLM XML via OLRC

(a)The Secretary shall establish within the Bureau an Indian Child Protection and Family Violence Prevention Program to provide financial assistance to any Indian tribe, tribal organization, or inter-tribal consortium for the development of an Indian Child Protection and Family Violence Prevention program.

(b)The Secretary is authorized to enter into agreements with Indian tribes, tribal organizations, or inter-tribal consortia pursuant to the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] for the establishment of Indian Child Protection and Family Violence Prevention programs on Indian reservations.

(c)An Indian tribe operating an Indian Child Protection and Family Violence Prevention program established under this section shall designate the agency or officials which shall be responsible—

(1)for the investigation of reported cases of child abuse and child neglect; and

(2)for the treatment and prevention of incidents of family violence; and

(3)for the provision of immediate shelter and related assistance for victims of family violence and their dependents.

(d)Funds provided pursuant to this section may be used for—

(1)the establishment of a child protective services program which may include—

(A)the employment of child protective services staff to investigate cases of child abuse, neglect, or both,

(B)training programs for child protective services personnel, law enforcement personnel, and judicial personnel in the investigation, prevention, and treatment of cases of child abuse and child neglect,

(C)purchase of equipment to assist in the investigation of cases of child abuse and child neglect;

(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;

(2)the establishment of a family violence prevention and treatment program which may include—

(A)the employment of family violence prevention and treatment staff to respond to incidents of family violence in culturally appropriate ways,

(B)the provision of immediate shelter and related assistance for victims of family violence and their dependents,

(C)training programs that may include culturally appropriate programs for family violence prevention and treatment personnel, law enforcement personnel, and judicial personnel in the investigation, prevention, and treatment of cases of family violence; and

(D)construction or renovation of facilities for the establishment of family violence shelters;

(3)the development and implementation of a multidisciplinary child abuse investigation and prosecution program which may—

(A)coordinate child abuse and neglect prevention, investigation, prosecution, treatment, and counseling services,

(B)develop protocols among related agencies to ensure that investigations of child abuse and neglect cases minimize the trauma to the child victim, and

(C)provide for the coordination and cooperation of law enforcement agencies, courts of competent jurisdiction, and other tribal, Federal, and State agencies through intergovernmental or interagency agreements that define and specify each party’s responsibilities;

(4)the development of tribal child protection codes and regulations;

(5)the establishment of training programs for—

(A)professional and paraprofessional personnel in the fields of medicine, law, education, social work, and other relevant fields who are engaged in, or intend to work in, the field of prevention, identification, investigation, and treatment of family violence, child abuse, and child neglect,

(B)instruction in methods of protecting children from abuse and neglect for persons responsible for the welfare of Indian children, including parents of, and persons who work with, Indian children, or

(C)educational, identification, prevention and treatment services for child abuse and child neglect in cooperation with preschool, elementary and secondary schools, or tribally controlled college or university 11 So in original. Probably should be “colleges or universities”. (within the meaning of section 1801 of this title);

(6)other community education efforts for tribal members (including school children) regarding issues of family violence, child abuse, and child neglect; and

(7)such other innovative and culturally relevant programs and projects as the Secretary may approve, including programs and projects for—

(A)parental awareness and self-help,

(B)prevention and treatment of alcohol and drug-related family violence, child abuse, and child neglect, or

(C)home health visitor programs,

(f)(1)The Secretary, with the participation of Indian tribes, shall establish, and promulgate by regulations, a formula which establishes base support funding for Indian Child Protection and Family Violence Prevention programs.

(2)In the development of regulations for base support funding for such programs, the Secretary shall develop, not later than one year after December 23, 2024, in consultation with Indian Tribes, appropriate caseload standards and staffing requirements. Each level of funding assistance shall correspond to the staffing requirements established by the Secretary pursuant to this section.

(3)Factors to be considered in the development of the base support funding formula shall include, but are not limited to—

(A)projected service population of the program;

(B)projected service area of the program;

(C)projected number of cases per month; and

(D)special circumstances warranting additional program resources, such as high incidence of child abuse and neglect, high incidence of family violence, high incidence of violent crimes against women, or the existence of a significant victim population within the community.

(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.

(5)In any fiscal year that appropriations are not sufficient to fully fund Indian Child Protection and Family Violence Prevention programs at each level of assistance under the formula required to be established in this subsection, available funds for each level of assistance shall be evenly divided among the Indian Tribes qualifying for that level of assistance.

(g)Not later than 2 years after December 23, 2024, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the award of grants under this section. The report shall contain—

(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.

(h)Each recipient of funds awarded pursuant to subsection (a) shall—

(1)furnish the Secretary with such information as the Secretary may require to—

(A)evaluate the program for which the award is made, and

(B)ensure that funds are expended for the purposes for which the award was made; and

(2)submit to the Secretary at the end of each fiscal year an annual report which shall include such information as the Secretary may require.

(i)There are authorized to be appropriated to carry out the provisions of this section $30,000,000 for each of the fiscal years 1992, 1993, 1994, 1995, 1996, and 1997.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Self-Determination Act, referred to in subsec. (b), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 5301 of this title and Tables.

Amendments

2024—Subsec. (d)(1)(A). Pub. L. 118–160, § 2(4)(A)(i)(I), substituted “abuse, neglect, or both” for “abuse and child neglect”. Subsec. (d)(1)(D) to (F). Pub. L. 118–160, § 2(4)(A)(i)(II), (III), added subpars. (D) to (F). Subsec. (d)(2)(A). Pub. L. 118–160, § 2(4)(A)(ii)(I), inserted “in culturally appropriate ways” after “incidents of family violence”. Subsec. (d)(2)(C). Pub. L. 118–160, § 2(4)(A)(ii)(II), inserted “that may include culturally appropriate programs” after “training programs”. Subsec. (d)(3)(A). Pub. L. 118–160, § 2(4)(A)(iii)(I), inserted “and neglect” after “abuse”. Subsec. (d)(3)(B). Pub. L. 118–160, § 2(4)(A)(iii)(II), substituted “and neglect cases” for “cases, to the extent practicable,”. Subsec. (f)(2). Pub. L. 118–160, § 2(4)(B)(i), substituted “develop, not later than one year after December 23, 2024, in consultation with Indian Tribes, appropriate caseload standards and staffing requirements” for “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”. Subsec. (f)(3)(D). Pub. L. 118–160, § 2(4)(B)(ii), substituted “abuse and neglect, high incidence of family violence” for “sexual abuse”. Subsec. (f)(4). Pub. L. 118–160, § 2(4)(B)(iii), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The formula established pursuant to this subsection shall provide funding necessary to support— “(A) one child protective services or family violence caseworker, including fringe benefits and support costs, for each tribe; and “(B) an additional child protective services and family violence caseworker, including fringe benefits and support costs, for each level of assistance for which an Indian tribe qualifies.” Subsec. (f)(5). Pub. L. 118–160, § 2(4)(B)(iv), substituted “Indian Tribes” for “tribes”. Subsec. (g). Pub. L. 118–160, § 2(4)(C), amended subsec. (g) generally. Prior to amendment, subsec. (g) provided that services provided under contracts made under this section shall supplement, not supplant, services from any other funds available for the same general purposes. 2008—Subsec. (d)(5)(C). Pub. L. 110–315 substituted “tribally controlled college or university (within the meaning of section 1801 of this title)” for “tribally controlled community colleges (within the meaning of section 1801 of this title)”. 1998—Subsec. (d)(5)(C). Pub. L. 105–244 made technical amendment to reference in original act which appears in text as reference to section 1801 of this title. 1995—Subsec. (i). Pub. L. 104–16 substituted “1995, 1996, and 1997” for “and 1995”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 AmendmentAmendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.

§3210 Indian Child Protection and Family Violence Prevention Program