§ 3203. — Reporting procedures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3203]
TITLE 25--INDIANS
CHAPTER 34--INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION
Sec. 3203. Reporting procedures
(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) of this section 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) of this section, 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) \1\ 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.
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\1\ See References in Text note below.
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(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) of this section 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.
(Pub. L. 101-630, title IV, Sec. 404, Nov. 28, 1990, 104 Stat. 4547.)
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.