§ 3201. — Findings and purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3201]
TITLE 25--INDIANS
CHAPTER 34--INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION
Sec. 3201. Findings and purpose
(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.
(Pub. L. 101-630, title IV, Sec. 402, Nov. 28, 1990, 104 Stat. 4544.)
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, which is classified principally to this chapter. For complete
classification of title IV to the Code, see Short Title note below and
Tables.
Short Title
Section 401 of title IV of Pub. L. 101-630 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'.''