Indian Child Protection and Family Violence Prevention

The Indian Child Protection and Family Violence Prevention Act of 1990 (Pub. L. 101-630, 25 U.S.C. §§ 3201–3211) created two interlocking federal protections for children in Indian country: a mandatory background investigation and suitability screening for anyone whose job gives them regular contact with or control over Indian children, and a federal grant program funding tribally operated child protection and family violence prevention programs. The Bureau of Indian Affairs (BIA) regulations implementing both requirements are at 25 CFR Part 63 — a regulation that applies not only to federal BIA employees but to all Indian tribes and tribal organizations that receive federal funds under the Indian Self-Determination and Education Assistance Act or the Tribally Controlled Schools Act, making it the primary federal child protection standard in Indian country.

Legal Authority

• 25 U.S.C. §§ 3201–3211 — Indian Child Protection and Family Violence Prevention Act (Pub. L. 101-630, 1990); requires background checks for all individuals working with Indian children in BIA programs and tribal programs receiving federal funding; establishes reporting requirements for child abuse and neglect in Indian country; authorizes grants for family violence prevention programs
• 42 U.S.C. § 13041 — Child Protection Act of 1993; requires criminal background checks and prohibits employment in programs serving children for individuals with certain criminal histories; applies to tribal programs funded by the federal government
• 25 CFR Part 63 — BIA implementing regulation; establishes the background investigation process, reporting requirements for child abuse to the national Indian Child Abuse and Neglect Registry, and grant administration for family violence prevention programs

Key Mechanics

The Indian Child Protection and Family Violence Prevention Act established two mandatory systems for tribal programs receiving federal funding. First, all tribes and tribal organizations receiving federal funds for child-care or child-service programs must conduct criminal background investigations on employees and volunteers who work with Indian children; individuals convicted of child abuse, sexual abuse, or certain other crimes may not work in covered programs. Second, all BIA employees and tribal program employees who have reason to believe an Indian child has been abused or neglected must report immediately to the appropriate law enforcement agency and to the child protective services agency with jurisdiction (which may be tribal, state, or BIA depending on the reservation). Reports are entered into the BIA's national Indian Child Abuse and Neglect Registry. The Act also authorizes grants to tribes for family violence prevention programs — shelters, counseling, legal advocacy — addressing the elevated rates of domestic violence and child maltreatment in Indian country. The intersection of tribal, state, and federal jurisdiction in Indian country (governed by Public Law 280 in some states and general federal jurisdiction under the Major Crimes Act in others) creates significant complexity in determining which law enforcement and child welfare agency has authority to investigate and respond.

Current Rule (2026)

What This Rule Does

25 CFR Part 63 operates through two distinct regulatory mechanisms. Subpart B (Minimum Standards of Character and Suitability for Employment) establishes the background investigation and screening requirements that apply to anyone — BIA employee, tribal government employee, contractor, or volunteer — whose duties allow them "regular contact with or control over Indian children." Subpart C (Indian Child Protection and Family Violence Prevention Program) governs the federal grant funds distributed to tribes to support child protection and family violence prevention programs.

The background investigation requirement is mandatory, not discretionary. The BIA must compile a list of all positions involving regular child contact, investigate the character of every person being considered for such positions, and apply minimum standards of character that automatically disqualify anyone convicted of certain categories of offenses. Tribal employers covered by the Act must conduct equivalent investigations and apply standards at least as stringent as the BIA's. The rule thus creates a de facto federal floor for child-protective employment screening throughout Indian country — a floor that does not exist, at least in federal law, for non-tribal employers in most other contexts.

The family violence prevention grant program distributes funds annually to tribes and intertribal consortia to support direct services, shelter, counseling, and community education programs addressing child abuse, child neglect, and family violence. The program is administered by the BIA's Office of Justice Services. Appropriations have historically been modest relative to the documented need in Indian country, where family violence rates substantially exceed national averages.

Key Provisions

• § 63.1 — Purpose: establishes the dual purpose — minimum employment standards to protect Indian children in positions with regular child contact, and a grant framework for tribal child protection and family violence programs emphasizing "unique values of Indian culture and community involvement"
• § 63.2 — Policy: Congress found that Indian children are among the nation's most vital resources and that the United States has a direct trust responsibility to protect them; the policy grounds the entire regulation in the government-to-government trust relationship
• § 63.12 — Minimum standards of character: any applicant, volunteer, or employee may not be placed in a position with regular contact with or control over Indian children if they have been found guilty of, or entered a plea of nolo contendere or guilty to, any felonious offense or two or more misdemeanor offenses under federal, state, or tribal law involving: crimes of violence; sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution; crimes against persons; or offenses committed against children — this disqualification standard is mandatory, not subject to waiver
• § 63.13 — What the Act requires: the BIA must compile lists of covered positions, investigate every applicant and employee, and certify compliance; all Indian tribes and tribal organizations receiving funds under the Indian Self-Determination and Education Assistance Act or the Tribally Controlled Schools Act of 1988 must conduct background investigations for covered positions and apply standards no less stringent than the BIA's
• § 63.14 — Positions requiring investigation: all positions that "allow an applicant, employee, or volunteer regular contact with or control over Indian children" require background investigation and suitability determination — the regulation does not enumerate specific job titles, making the functional contact-with-children standard the operative test
• § 63.15 — Employment application requirements: applications must ask whether the applicant has been arrested or convicted of crimes involving children, violence, sexual offenses, or crimes against persons; require the applicant to sign a statement under penalty of perjury verifying truthfulness; and inform the applicant that a criminal history record check is a condition of employment
• § 63.16 — Who conducts the investigation: BIA must use the U.S. Office of Personnel Management (OPM) for federal employee investigations; tribes may conduct their own investigations, contract with private firms, or request OPM — investigations should cover the past five years of employment, education, and related history; tribal investigators must be trained and qualified
• § 63.17 — Adjudication: adjudication — the process of evaluating the investigation results to determine suitability — must be uniform and fair; each case is judged on its own merits considering accuracy, completeness, relevance, seriousness, and overall significance; each agency, tribe, or tribal organization must designate a trained adjudicating official who has themselves been cleared through a favorable background investigation
• § 63.18 — BIA vs. tribal adjudication standards: BIA adjudicating officials must apply OPM's National Agency Check and Inquiries (NACI), including the OPM Security/Suitability Investigations Index and the Defense Clearance and Investigations Index; all BIA employees with regular child contact must be reinvestigated every five years; tribes may adopt these more intensive standards but are not federally required to do so
• § 63.19 — When to deny employment or dismiss: an employer must deny employment or dismiss when an individual has a qualifying conviction (felony or 2+ misdemeanors in the covered categories) — not "may," but "must"; an employer may deny or dismiss for a single misdemeanor involving a child victim, a sex crime, or a drug felony; pending charges (arrest without disposition) permit — but do not require — removal from child-contact duties until resolution
• § 63.21 — Additional disqualifying factors: beyond criminal convictions, adjudicating officials may consider dishonesty, substance abuse, or financial irresponsibility that would create a risk to Indian children — a character-based standard beyond the hard criminal disqualifiers
• § 63.30 — Child protection and family violence prevention program: the Indian Child Protection and Family Violence Prevention Program distributes formula and competitive grants to tribes; funds support programs emphasizing Indian cultural values and community involvement in prevention and treatment of child abuse, neglect, and family violence; the BIA's Office of Justice Services administers the program
• § 63.32 — Application for funds: tribes, intertribal consortia, and tribal organizations may apply; funding priorities include direct intervention services, shelter, counseling, and community education; the application requires a description of the tribal program, demonstration of need, and a plan for culturally appropriate service delivery

How It Affects You

If you are a tribal employer or tribal government: If your tribe receives federal funds under the Indian Self-Determination and Education Assistance Act or the Tribally Controlled Schools Act, you must apply suitability standards "no less stringent" than the BIA's for positions involving regular contact with Indian children. This means mandatory background investigations (criminal history check at minimum), a properly trained adjudicating official, and automatic disqualification for the felony or 2+ misdemeanor categories in § 63.12. Tribal employers have flexibility in how they conduct investigations (using OPM, private contractors, or tribal investigators) but not in the minimum standards. The 5-year reinvestigation requirement is a BIA standard that tribal employers are encouraged but not required to adopt.

If you are an applicant for a BIA or tribal position involving children: Your background investigation will cover the past five years and include a criminal history check. If you have been convicted of any felony or two or more misdemeanors in the covered categories (violence, sexual offenses, crimes against children), you will be automatically disqualified — there is no discretion, no waiver process, and no exception for old convictions or completed sentences. A single misdemeanor involving a child victim or a drug felony may also result in disqualification at the employer's discretion. You must sign the employment application under penalty of perjury confirming the truthfulness of your criminal history disclosures.

If you work in child welfare policy or Indian country services: The Indian Child Protection and Family Violence Prevention Program is one of several federal funding streams for tribal child welfare services, alongside the Indian Child Welfare Act (ICWA) tribal programs, Title IV-B Child Welfare Services, and the Tribal TANF and Title IV-E tribal foster care programs. The Part 63 grant program is specifically focused on prevention and intervention for family violence — not child custody proceedings, which ICWA covers. Appropriations have historically been insufficient to meet documented need; many tribes operate child protection and family violence programs primarily through tribal general funds, tribal gaming revenues, and multiple federal grant streams rather than Part 63 funding alone.

If you are a journalist or researcher: Child maltreatment rates in Indian country are substantially higher than national averages — a pattern documented in federal data and attributed to poverty, historical trauma, substance abuse, and the legacy of boarding school policies. The Part 63 framework is the primary federal child protection employment standard in this context, but its funding component is modest. The BIA's Office of Justice Services publishes data on grant recipients; the Indian Health Service tracks child maltreatment through its health data systems, separately from the BIA program.

Statutory Authority

This rule implements:

• Indian Child Protection and Family Violence Prevention Act, Pub. L. 101-630, 25 U.S.C. §§ 3201–3211 — enacted 1990; authorized both the mandatory employment screening standards and the grant program; Congress cited the trust responsibility and the critical importance of Indian children to tribal continuity as the foundation for federal action; 25 U.S.C. § 3201 (Congressional findings), § 3202 (definitions), § 3207 (employment standards), § 3210 (family violence prevention program)
• 42 U.S.C. § 13041 — Crime Control Act of 1990, which authorized the minimum standards of character and criminal background check requirements for certain categories of employees with access to children in federally funded programs; Part 63 cites this as parallel authority for the employment screening provisions

Recent Rulemakings

2020 amendment (85 FR 37564, June 22, 2020) — the most recent amendment updated Part 63 to reflect organizational changes within the BIA and to clarify the adjudication procedures, including guidance for handling pending charges and conditional employment situations. The 1996 amendments (61 FR 32274) expanded the definition of covered positions and clarified tribe obligations under the ISDEAA funding nexus.

Pending Action