§ 3203. Reporting procedures

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Indian Child Protection and Family Violence Prevention Act

   Pub. L. 101–630 title IV § 404 · 104 Stat. 4531

   Enacted · 25 U.S.C. § 3203

   (Pub. L. 101–630, title IV, § 404, Nov. 28, 1990, 104 Stat. 4547.)

   Source evidence

   Code source credit
   (Pub. L. 101–630, title IV, § 404, Nov. 28, 1990, 104 Stat. 4547.)

   Enacted provision · exact public law section
   SEC. 404. REPORTING PROCEDURES. (a) Report to Local Law Enforcement Agency.— (1) Chapter 53 of title 18, United States Code, is amended by adding at the end thereof the following new section: “ 1169. Reporting of child abuse “(a) Any person who— “(1) is a— “(A) physician, surgeon, dentist, podiatrist, chiropractor, nurse, dental hygienist, optometrist, medical examiner, emergency medical technician, paramedic, or health care provider, “(B) teacher, school counselor, instructional aide, teach-er’s aide, teacher’s assistant, or bus driver employed by any tribal, Federal, public or private school, “(C) administrative officer, supervisor of child welfare and attendance, or truancy officer of any tribal, Federal, public or private school, “(D) child day care worker, headstart teacher, public assistance worker, worker in a group home or residential or day care facility, or social worker, “(E) psychiatrist, psychologist, or psychological assistant, “(F) licensed or unlicensed marriage, family, or child counselor, “(G) person employed in the mental health profession, or “(H) law enforcement officer, probation officer, worker in a juvenile rehabilitation or detention facility, or person employed in a public agency who is responsible for enforcing statutes and judicial orders; “(2) knows, or has reasonable suspicion, that— “(A) a child was abused in Indian country, or “(B) actions are being taken, or are going to be taken, that would reasonably be expected to result in abuse of a child in Indian country; and “(3) fails to immediately report such abuse or actions described in paragraph (2) to the local child protective services agency or local law enforcement agency, shall be fined not more than $5,000 or imprisoned for not more than 6 months or both. “(b) Any person who— “(1) supervises, or has authority over, a person described in subsection (a)(1), and “(2) inhibits or prevents that person from making the report described in subsection (a), shall be fined not more than $5,000 or imprisoned for not more than 6 months or both. “(c) For purposes of this section, the term— “(1) ‘abuse’ includes— “(A) any case in which— “(i) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, bums, 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 con-tact, or prostitution; “(2) ‘child means an individual who— “(A) is not married, and “(B) has not attained 18 years of age; “(3) ‘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; and “(4) ‘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. “(d) Any person making a report described in subsection (a) which is based upon their reasonable belief and which is made in good faith shall be immune from civil or criminal liability for making that report.”. (2) The table of contents for chapter 53 of title 18, United States Code, is amended by adding at the end thereof the following new item: “1169. Reporting of child abuse.”. (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) to such agency. (C) 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), the receiving agency shall prepare a written report which shall include, if avail-able— (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 503(3) 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. (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) 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.

1 of 1 references resolved to an enrolled provision