25 U.S.C. § 3202: Definitions

Summary

Defines common words used in the chapter. It explains what each key term refers to so people know how to read the rules. Bureau is the Bureau of Indian Affairs in the Department of the Interior. Child is an unmarried person under 18. Child abuse includes serious unexplained physical injuries (for example bruises, burns, broken bones, malnutrition, or head injuries) and any form of sexual assault or exploitation. Child neglect means careless or harmful treatment that hurts or threatens a child’s health or welfare. Family violence is any act or threat that causes or could cause physical or mental harm, including holding someone by force, when done by a relative or a person who lives or lived with the victim. Indian is a member of an Indian tribe. Indian child and Indian country use the meanings in section 1903(4) and 18 U.S.C. 1151. Indian reservation includes reservations, allotments, certain Oklahoma lands, and lands held under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). Indian tribe and tribal organization use the meaning in section 5304. Inter-tribal consortium is a partnership of tribes or tribal organizations. Local child protective services agency and local law enforcement agency are the agencies with primary child protection or abuse investigation duties in the area. Persons responsible for a child’s welfare are anyone legally or officially in charge of a child’s care, including staff or volunteers at children’s homes and people who provide out-of-home care, education, or services. Related assistance includes counseling and health referrals for abusers, victims, and dependents and may include food, clothing, child care, transport, and emergency help. Secretary means the Secretary of the Interior. Shelter means temporary refuge and related help given under federal and tribal rules. Service means the Indian Health Service in the Department of Health and Human Services.

Title 25, §3202

Indians, Source: USLM XML via OLRC

For the purposes of this chapter, the term—

(1)“Bureau” means the Bureau of Indian Affairs of the Department of the Interior;

(2)“child” means an individual who—

(A)is not married, and

(B)has not attained 18 years of age;

(3)“child abuse” includes but is not limited to—

(A)in any case in which—

(i)(I)a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling; and

(II)such condition is not justifiably explained or may not be the product of an accidental occurrence; or

(ii)a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution; and

(B)any case in which a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;

(4)“child neglect” includes but is not limited to, negligent treatment or maltreatment of a child by a person, including a person responsible for the child’s welfare, under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby;

(5)“family violence” means any act, or threatened act, of violence, including any forceful detention of an individual, which—

(A)results, or threatens to result, in physical or mental injury, and

(B)is committed by an individual against another individual—

(i)to whom such person is, or was, related by blood or marriage or otherwise legally related, or

(ii)with whom such person is, or was, residing;

(6)“Indian” means any individual who is a member of an Indian tribe;

(7)“Indian child” has the meaning given to such term by section 1903(4) of this title;

(8)“Indian country” has the meaning given to such term by section 1151 of title 18;

(9)“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)“Indian tribe” and “tribal organization” have the respective meanings given to each of such terms under section 5304 of this title;

(11)“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)“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;

(13)“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;

(14)“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)“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)“Secretary” means the Secretary of the Interior;

(17)“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)“Service” means the Indian Health Service of the Department of Health and Human Services.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, 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 set out under section 3201 of this title and Tables. The Alaska Native Claims Settlement Act, referred to in par. (9), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see

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note set out under section 1601 of Title 43 and Tables.

Amendments

2024—Par. (3)(A). Pub. L. 118–160 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “any case in which— “(i) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, and “(ii) such condition is not justifiably explained or may not be the product of an accidental occurrence; and”.

§3202 Definitions

Summary

Title 25, §3202

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Amendments

Citations & Metadata