25 U.S.C. § 3203: Reporting procedures

Summary

Local police and local child protection agencies must immediately tell each other when anyone reports a child is being abused in Indian country or when actions could likely lead to such abuse. If the report involves an Indian child or an alleged Indian abuser and a quick check shows a crime may have happened, the local police (if not the FBI) must also immediately notify the FBI. The agency that gets the report must write a report within 36 hours. That report should include, if available: the child’s basic info (name, address, age, sex), school and grade, parents’ or caregivers’ contact details, the alleged offender’s and the reporter’s contact details, a short description of injuries and suspected dates, and any other facts important to the case. If the report alleges the kinds of abuse the law covers, the agencies must start an investigation right away and take steps to protect the child. When the investigation is finished, the agency must prepare a final written report. The identity of the person who made the report must be kept private unless the reporter agrees or a court or a government or tribal worker who needs the information for the case asks for it.

Title 25, §3203

Indians, Source: USLM XML via OLRC

(a)Omitted

(b)Notification of child abuse reports

(1)When a local law enforcement agency or local child protective services agency receives an initial report from any person of—

(A)the abuse of a child in Indian country, or

(B)actions which would reasonably be expected to result in abuse of a child in Indian country, the receiving agency shall immediately notify appropriate officials of the other agency of such report and shall also submit, when prepared, a copy of the written report required under subsection (c) to such agency.

(2)Where a report of abuse involves an Indian child or where the alleged abuser is an Indian and where a preliminary inquiry indicates a criminal violation has occurred, the local law enforcement agency, if other than the Federal Bureau of Investigation, shall immediately report such occurrence to the Federal Bureau of Investigation.

(c)Written report of child abuse

(1)Within 36 hours after receiving an initial report described in subsection (b), the receiving agency shall prepare a written report which shall include, if available—

(A)the name, address, age, and sex of the child that is the subject of the report;

(B)the grade and the school in which the child is currently enrolled;

(C)the name and address of the child’s parents or other person responsible for the child’s care;

(D)the name and address of the alleged offender;

(E)the name and address of the person who made the report to the agency;

(F)a brief narrative as to the nature and extent of the child’s injuries, including any previously known or suspected abuse of the child or the child’s siblings and the suspected date of the abuse; and

(G)any other information the agency or the person who made the report to the agency believes to be important to the investigation and disposition of the alleged abuse.

(2)(A)Any local law enforcement agency or local child protective services agency that receives a report alleging abuse described in section 3202(3) of this title 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 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.

(d)Confidentiality of informant

The identity of any person making a report described in subsection (b)(1) shall not be disclosed, without the consent of the individual, to any person other than a court of competent jurisdiction or an employee of an Indian tribe, a State or the Federal Government who needs to know the information in the performance of such employee’s duties.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 3202(3) of this title, referred to in subsec. (c)(2)(A), was in the original “section 503(3)” meaning section 503(3) of Pub. L. 101–630, and was translated as reading section 403(3), which defines child abuse, to reflect the probable intent of Congress. Codification Section is comprised of section 404 of Pub. L. 101–630. Subsec. (a) of section 404 enacted section 1169 of Title 18, Crimes and Criminal Procedure.

§3203 Reporting Procedures

Summary

Title 25, §3203

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata