§ 3202. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3202]
TITLE 25--INDIANS
CHAPTER 34--INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION
Sec. 3202. Definitions
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) 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
(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 450b
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.
(Pub. L. 101-630, title IV, Sec. 403, Nov. 28, 1990, 104 Stat. 4545.)
References in Text
The Alaska Native Claims Settlement Act, referred to in par. (9), is
Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43,
Public Lands. For complete classification of this Act to the Code, see
Short Title note set out under section 1601 of Title 43 and Tables.
Section Referred to in Other Sections
This section is referred to in section 3203 of this title; title 20
section 6177.
