§ 3210. — Indian Child Protection and Family Violence Prevention Program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3210]
TITLE 25--INDIANS
CHAPTER 34--INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION
Sec. 3210. Indian Child Protection and Family Violence
Prevention Program
(a) Establishment
The Secretary shall establish within the Bureau an Indian Child
Protection and Family Violence Prevention Program to provide financial
assistance to any Indian tribe, tribal organization, or inter-tribal
consortium for the development of an Indian Child Protection and Family
Violence Prevention program.
(b) Indian Self-Determination Act agreements
The Secretary is authorized to enter into agreements with Indian
tribes, tribal organizations, or inter-tribal consortia pursuant to the
Indian Self-Determination Act [25 U.S.C. 450f et seq.] for the
establishment of Indian Child Protection and Family Violence Prevention
programs on Indian reservations.
(c) Investigation and treatment and prevention of child abuse and family
violence
An Indian tribe operating an Indian Child Protection and Family
Violence Prevention program established under this section shall
designate the agency or officials which shall be responsible--
(1) for the investigation of reported cases of child abuse and
child neglect; and
(2) for the treatment and prevention of incidents of family
violence; and
(3) for the provision of immediate shelter and related
assistance for victims of family violence and their dependents.
(d) Program responsibilities and functions
Funds provided pursuant to this section may be used for--
(1) the establishment of a child protective services program
which may include--
(A) the employment of child protective services staff to
investigate cases of child abuse and child neglect,
(B) training programs for child protective services
personnel, law enforcement personnel, and judicial personnel in
the investigation, prevention, and treatment of cases of child
abuse and child neglect, and
(C) purchase of equipment to assist in the investigation of
cases of child abuse and child neglect;
(2) the establishment of a family violence prevention and
treatment program which may include--
(A) the employment of family violence prevention and
treatment staff to respond to incidents of family violence,
(B) the provision of immediate shelter and related
assistance for victims of family violence and their dependents,
(C) training programs for family violence prevention and
treatment personnel, law enforcement personnel, and judicial
personnel in the investigation, prevention, and treatment of
cases of family violence; and
(D) construction or renovation of facilities for the
establishment of family violence shelters;
(3) the development and implementation of a multidisciplinary
child abuse investigation and prosecution program which may--
(A) coordinate child abuse prevention, investigation,
prosecution, treatment, and counseling services,
(B) develop protocols among related agencies to ensure that
investigations of child abuse cases, to the extent practicable,
minimize the trauma to the child victim, and
(C) provide for the coordination and cooperation of law
enforcement agencies, courts of competent jurisdiction, and
other tribal, Federal, and State agencies through
intergovernmental or interagency agreements that define and
specify each party's responsibilities;
(4) the development of tribal child protection codes and
regulations;
(5) the establishment of training programs for--
(A) professional and paraprofessional personnel in the
fields of medicine, law, education, social work, and other
relevant fields who are engaged in, or intend to work in, the
field of prevention, identification, investigation, and
treatment of family violence, child abuse, and child neglect,
(B) instruction in methods of protecting children from abuse
and neglect for persons responsible for the welfare of Indian
children, including parents of, and persons who work with,
Indian children, or
(C) educational, identification, prevention and treatment
services for child abuse and child neglect in cooperation with
preschool, elementary and secondary schools, or tribally
controlled community colleges (within the meaning of section
1801 of this title);
(6) other community education efforts for tribal members
(including school children) regarding issues of family violence,
child abuse, and child neglect; and
(7) such other innovative and culturally relevant programs and
projects as the Secretary may approve, including programs and
projects for--
(A) parental awareness and self-help,
(B) prevention and treatment of alcohol and drug-related
family violence, child abuse, and child neglect, or
(C) home health visitor programs,
that show promise of successfully preventing and treating cases of
family violence, child abuse, and child neglect.
(f) \1\ Secretarial regulations; base support funding
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\1\ So in original. No subsec. (e) has been enacted.
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(1) The Secretary, with the participation of Indian tribes, shall
establish, and promulgate by regulations, a formula which establishes
base support funding for Indian Child Protection and Family Violence
Prevention programs.
(2) In the development of regulations for base support funding for
such programs, the Secretary shall develop, in consultation with Indian
tribes, appropriate caseload standards and staffing requirements which
are comparable to standards developed by the National Association of
Social Work, the Child Welfare League of America and other professional
associations in the field of social work and child welfare. Each level
of funding assistance shall correspond to the staffing requirements
established by the Secretary pursuant to this section.
(3) Factors to be considered in the development of the base support
funding formula shall include, but are not limited to--
(A) projected service population of the program;
(B) projected service area of the program;
(C) projected number of cases per month; and
(D) special circumstances warranting additional program
resources, such as high incidence of child sexual abuse, high
incidence of violent crimes against women, or the existence of a
significant victim population within the community.
(4) The formula established pursuant to this subsection shall
provide funding necessary to support--
(A) one child protective services or family violence caseworker,
including fringe benefits and support costs, for each tribe; and
(B) an additional child protective services and family violence
caseworker, including fringe benefits and support costs, for each
level of assistance for which an Indian tribe qualifies.
(5) In any fiscal year that appropriations are not sufficient to
fully fund Indian Child Protection and Family Violence Prevention
programs at each level of assistance under the formula required to be
established in this subsection, available funds for each level of
assistance shall be evenly divided among the tribes qualifying for that
level of assistance.
(g) Maintenance of effort
Services provided under contracts made under this section shall
supplement, not supplant, services from any other funds available for
the same general purposes, including, but not limited to--
(1) treatment, including, but not limited to--
(A) individual counseling,
(B) group counseling, and
(C) family counseling;
(2) social services and case management;
(3) training available to Indian tribes, tribal agencies, and
Indian organizations regarding the identification, investigation,
prevention, and treatment of family violence, child abuse, and child
neglect; and
(4) law enforcement services, including investigations and
prosecutions.
(h) Contract evaluation and annual report
Each recipient of funds awarded pursuant to subsection (a) of this
section shall--
(1) furnish the Secretary with such information as the Secretary
may require to--
(A) evaluate the program for which the award is made, and
(B) ensure that funds are expended for the purposes for
which the award was made; and
(2) submit to the Secretary at the end of each fiscal year an
annual report which shall include such information as the Secretary
may require.
(i) Authorization of appropriations
There are authorized to be appropriated to carry out the provisions
of this section $30,000,000 for each of the fiscal years 1992, 1993,
1994, 1995, 1996, and 1997.
(Pub. L. 101-630, title IV, Sec. 411, Nov. 28, 1990, 104 Stat. 4553;
Pub. L. 104-16, Sec. 1, June 21, 1995, 109 Stat. 190; Pub. L. 105-244,
title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 1828.)
References in Text
The Indian Self-Determination Act, referred to in subsec. (b), is
title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended,
which is classified principally to part A (Sec. 450f et seq.) of
subchapter II 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.
Amendments
1998--Subsec. (d)(5)(C). Pub. L. 105-244 made technical amendment to
reference in original act which appears in text as reference to section
1801 of this title.
1995--Subsec. (i). Pub. L. 104-16 substituted ``1995, 1996, and
1997'' for ``and 1995''.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244,
set out as a note under section 1001 of Title 20, Education.
Section Referred to in Other Sections
This section is referred to in section 3206 of this title.
