Attachment 1 - 25 U.S.C. 3207

Page 787

§ 3207

TITLE 25—INDIANS

(1) the need for, and purpose of, a Central
Register;
(2) the examination of due process implication of the maintenance of such a register;
(3) the extension of access to information
contained in the register;
(4) the need and process for expunging information from the register;
(5) the types, and duration of maintenance,
of information in the register; and
(6) the classes of persons who should be covered by such register.
(c) Submission to Congress
The Secretary shall complete the study conducted pursuant to this section and shall submit
such study, together with recommendations and
draft legislation to implement such recommendations, to the Congress within 180 days
after November 28, 1990.
(Pub. L. 101–630, title IV, § 405, Nov. 28, 1990, 104
Stat. 4549.)

(c) Protection of child
Examinations and interviews of a child who
may have been the subject of abuse shall be conducted under such circumstances and with such
safeguards as are designed to minimize additional trauma to the child and, where time permits, shall be conducted with the advise,1 or
under the guidance, of a local multidisciplinary
team established pursuant to section 3210 of this
title or, in the absence of a local team, a multidisciplinary team established pursuant to section 3209 of this title.
(d) Court orders
Upon a finding of reasonable suspicion that an
Indian child has been the subject of abuse in Indian country, a Federal magistrate judge or
United States District Court may issue an order
enforcing any provision of this section.
(Pub. L. 101–630, title IV, § 407, Nov. 28, 1990, 104
Stat. 4550; Pub. L. 101–650, title III, § 321, Dec. 1,
1990, 104 Stat. 5117.)
CHANGE OF NAME

§ 3205. Confidentiality
Pursuant to section 552a of title 5, the Family
Educational Rights and Privacy Act of 1974 (20
U.S.C. 1232g), or any other provision of law,
agencies of any Indian tribe, of any State, or of
the Federal Government that investigate and
treat incidents of abuse of children may provide
information and records to those agencies of any
Indian tribe, any State, or the Federal Government that need to know the information in performance of their duties. For purposes of this
section, Indian tribal governments shall be
treated the same as other Federal Government
entities.
(Pub. L. 101–630, title IV, § 406, Nov. 28, 1990, 104
Stat. 4550.)
REFERENCES IN TEXT
The Family Educational Rights and Privacy Act of
1974 (20 U.S.C. 1232g), referred to in text, is section 513
of title V of Pub. L. 93–380, Aug. 21, 1974, 88 Stat. 571,
which enacted section 1232g of Title 20, Education, and
provisions set out as notes under sections 1221 and 1232g
of Title 20. For complete classification of this Act to
the Code, see Short Title of 1974 Amendment note set
out under section 1221 of Title 20 and Tables.

§ 3206. Waiver of parental consent
(a) Examinations and interviews
Photographs, x-rays, medical examinations,
psychological examinations, and interviews of
an Indian child alleged to have been subject to
abuse in Indian country shall be allowed without parental consent if local child protective
services or local law enforcement officials have
reason to believe the child has been subject to
abuse.
(b) Interviews by law enforcement and child protective services officials
In any case in which officials of the local law
enforcement agency or local child protective
services agency have reason to believe that an
Indian child has been subject to abuse in Indian
country, the officials of those agencies shall be
allowed to interview the child without first obtaining the consent of the parent, guardian, or
legal custodian.

‘‘Federal magistrate judge’’ substituted for ‘‘Federal
magistrate’’ in subsec. (d) pursuant to section 321 of
Pub. L. 101–650, set out as a note under section 631 of
Title 28, Judiciary and Judicial Procedure.

§ 3207. Character investigations
(a) By Secretary of the Interior and Secretary of
Health and Human Services
The Secretary and the Secretary of Health and
Human Services shall—
(1) compile a list of all authorized positions
within their respective departments the duties
and responsibilities of which involve regular
contact with, or control over, Indian children,
(2) conduct an investigation of the character
of each individual who is employed, or is being
considered for employment, by the respective
Secretary in a position listed pursuant to
paragraph (1), and
(3) prescribe by regulations minimum standards of character that each of such individuals
must meet to be appointed to such positions.
(b) Criminal records
The minimum standards of character that are
to be prescribed under this section shall ensure
that none of the individuals appointed to positions described in subsection (a) of this section
have been found guilty of, or entered a plea of
nolo contendere or guilty to, any felonious offense, or any of two or more misdemeanor offenses, under Federal, State, or tribal law involving crimes of violence; sexual assault, molestation, exploitation, contact or prostitution;
crimes against persons; or offenses committed
against children.
(c) Investigations by Indian tribes and tribal organizations
Each Indian tribe or tribal organization that
receives funds under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450
et seq.] or the Tribally Controlled Schools Act
of 1988 [25 U.S.C. 2501 et seq.] shall—
(1) conduct an investigation of the character
of each individual who is employed, or is being
1 So

in original. Probably should be ‘‘advice’’.

§ 3208

TITLE 25—INDIANS

considered for employment, by such tribe or
tribal organization in a position that involves
regular contact with, or control over, Indian
children, and
(2) employ individuals in those positions
only if the individuals meet standards of character, no less stringent than those prescribed
under subsection (a) of this section, as the Indian tribe or tribal organization shall establish.
(Pub. L. 101–630, title IV, § 408, Nov. 28, 1990, 104
Stat. 4551; Pub. L. 106–568, title VIII, § 814, Dec.
27, 2000, 114 Stat. 2918.)
REFERENCES IN TEXT
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (c), is Pub. L. 93–638,
Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 450 of this title and Tables.
The Tribally Controlled Schools Act of 1988, referred
to in subsec. (c), is part B (§§ 5201–5212) of title V of Pub.
L. 100–297, Apr. 28, 1988, 102 Stat. 385, which is classified
generally to chapter 27 (§ 2501 et seq.) of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 2501 of this title
and Tables.
AMENDMENTS
2000—Subsec. (b). Pub. L. 106–568 substituted ‘‘any felonious offense, or any of two or more misdemeanor offenses,’’ for ‘‘any offense’’ and ‘‘crimes against persons;
or offenses committed against children’’ for ‘‘or crimes
against persons’’.

§ 3208. Indian Child Abuse Treatment Grant Program
(a) Establishment
The Secretary of Health and Human Services,
acting through the Service and in cooperation
with the Bureau, shall establish an Indian Child
Abuse Treatment Grant Program that provides
grants to any Indian tribe or intertribal consortium for the establishment on Indian reservations of treatment programs for Indians who
have been victims of child sexual abuse.
(b) Grant applications
(1) Any Indian tribe or intertribal consortium
may submit to the Secretary of Health and
Human Services an application for a grant under
subsection (a) of this section.
(2) Any application submitted under paragraph
(1)—
(A) shall be in such form as the Secretary of
Health and Human Services may prescribe;
(B) shall be submitted to such Secretary on
or before the date designated by such Secretary; and
(C) shall specify—
(i) the nature of the program proposed by
the applicant,
(ii) the data and information on which the
program is based,
(iii) the extent to which the program plans
to use or incorporate existing services available on the reservation, and
(iv) the specific treatment concepts to be
used under the program.

Page 788

(c) Maximum grant amount
The maximum amount of any grant awarded
under subsection (a) of this section shall not exceed $500,000.
(d) Grant administration and final report
Each recipient of a grant awarded under subsection (a) of this section shall—
(1) furnish the Secretary of Health and
Human Services with such information as such
Secretary may require to—
(A) evaluate the program for which the
grant is made, and
(B) ensure that the grant funds are expended for the purposes for which the grant
was made, and
(2) submit to such Secretary at the close of
the term of the grant a final report which
shall include such information as the Secretary may require.
(e) Authorization of appropriations
there 1 is hereby authorized to be appropriated
to carry out the provisions of this section
$10,000,000 for each of the fiscal years 1992, 1993,
1994, 1995, 1996, and 1997.
(Pub. L. 101–630, title IV, § 409, Nov. 28, 1990, 104
Stat. 4551; Pub. L. 104–16, § 1, June 21, 1995, 109
Stat. 190.)
AMENDMENTS
1995—Subsec. (e). Pub. L. 104–16 substituted ‘‘1995,
1996, and 1997’’ for ‘‘and 1995’’.

§ 3209. Indian Child Resource and Family Services Centers
(a) Establishment
The Secretary shall establish within each area
office of the Bureau an Indian Child Resource
and Family Services Center.
(b) Memorandum of Agreement
The Secretary and the Secretary of Health and
Human Services shall enter into a Memorandum
of Agreement which provides for the staffing of
the Centers established under this section.
(c) Center staffing
Each Center established under subsection (a)
of this section shall be staffed by a multidisciplinary team of personnel with experience and
training in prevention, identification, investigation, and treatment of incidents of family violence, child abuse, and child neglect.
(d) Center responsibilities and functions
Each Center established under subsection (a)
of this section shall—
(1) provide advice, technical assistance, and
consultation to Indian tribes, tribal organizations, and inter-tribal consortia upon request;
(2) provide training to appropriate personnel
of Indian tribes, tribal organizations, the Bureau and the Service on the identification and
investigation of cases of family violence, child
abuse, and child neglect and, to the extent
practicable, coordinate with institutions of
higher education, including tribally controlled
community colleges, to offer college-level
credit to interested trainees;
1 So

in original. Probably should be capitalized.