25 U.S.C. § 3201: Findings and purpose

Summary

Requires that reports of abused Indian children go to the right authorities so more abuse can be stopped. Congress found that abuse on Indian reservations is badly underreported, often because there was no federal rule forcing reports; some abuse has been done by people paid or employed by the federal government; background checks on federal workers who care for Indian children have been weak; federal money for mental health care is not enough; and Indian children are essential to tribes, so the United States has a duty to help protect them. Aims to learn how much child abuse and family violence happens and to pay for mental health care. To do that it requires reporting, builds a reliable data system and a study on a central registry, allows other actions to protect children, creates a grant program for sexual-abuse treatment on reservations, funds training and technical help, sets up Indian Child Resource and Family Services Centers in each Bureau of Indian Affairs Area Office with trained teams, supports tribal programs to prevent and treat family violence, and authorizes other needed steps to protect Indian children.

Title 25, §3201

Indians, Source: USLM XML via OLRC

(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—

(A)incidents of abuse of children on Indian reservations are grossly underreported;

(B)such underreporting is often a result of the lack of a mandatory Federal reporting law;

(C)multiple incidents of sexual abuse of children on Indian reservations have been perpetrated by persons employed or funded by the Federal Government;

(D)Federal Government investigations of the background of Federal employees who care for, or teach, Indian children are often deficient;

(E)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)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 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.

(b)Purpose

The purposes of this chapter are to—

(1)require that reports of abused Indian children are made to the appropriate authorities in an effort to prevent further abuse;

(2)establish a reliable data base for statistical purposes and to authorize a study to determine the need for a central registry for reported incidents of abuse;

(3)authorize such other actions as are necessary to ensure effective child protection in Indian country;

(4)establish the Indian Child Abuse Prevention and Treatment Grant Program to provide funds for the establishment on Indian reservations of treatment programs for victims of child sexual abuse;

(5)provide for technical assistance and training related to the investigation and treatment of cases of child abuse and neglect;

(6)establish Indian Child Resource and Family Services Centers in each Bureau of Indian Affairs Area 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;

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

(8)establish tribally operated programs to protect Indian children and reduce the incidents of family violence in Indian country; and

(9)authorize other actions necessary to ensure effective child protection on Indian reservations.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original “this title”, meaning title IV of Pub. L. 101–630, Nov. 28, 1990, 104 Stat. 4544, known as the Indian Child Protection and Family Violence Prevention Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see

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note below and Tables.

Statutory Notes and Related Subsidiaries

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of 2024 Amendment Pub. L. 118–160, § 1, Dec. 23, 2024, 138 Stat. 2567, provided that: “This Act [amending section 3202, 3208, 3209, and 3210 of this title] may be cited as the ‘Native American Child Protection Act’.”

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of 2016 Amendment Pub. L. 114–165, § 1, June 3, 2016, 130 Stat. 415, provided that: “This Act [amending section 3207 of this title] may be cited as the ‘Native American Children’s Safety Act’.”

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Pub. L. 101–630, title IV, § 401, Nov. 28, 1990, 104 Stat. 4544, provided that: “This title [enacting this chapter and section 1169 of Title 18, Crimes and Criminal Procedure] may be cited as the ‘Indian Child Protection and Family Violence Prevention Act’.”

§3201 Findings and Purpose

Summary

Title 25, §3201

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Statutory Notes and Related Subsidiaries

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