§ 3210. Indian Child Protection and Family Violence Prevention Program

Footnotes

1. 1 So in original. Probably should be “colleges or universities”.
2. 2 So in original. No subsec. (e) has been enacted.

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 § 411 · 104 Stat. 4531

   Enacted · 25 U.S.C. § 3210

   Pub. L. 101–630, title IV, § 411, Nov. 28, 1990, 104 Stat. 4553

   Source evidence

   Code source credit
   Pub. L. 101–630, title IV, § 411, Nov. 28, 1990, 104 Stat. 4553

   Enacted provision · exact public law section
   SEC. 411. 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 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 2 of the Tribally Controlled Community College Act of 1978 (25 U.S.C. 1801)); (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) Secretarial Regulations; Base Support Funding.— (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 case-worker, 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 pro-grams 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) 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) 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, and 1995.

2. 1995

   Pub. L. 104–16 § 1 · 109 Stat. 190

   Substituted · 25 U.S.C. § 3210(i)

   Pub. L. 104–16 substituted “1995, 1996, and 1997” for “and 1995”

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 104–16 substituted “1995, 1996, and 1997” for “and 1995”.

   Enacted provision · exact public law section
   SECTION 1. REAUTHORIZATION OF PROGRAMS. Sections 409(e), 410(h), and 411(i) of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3208(e), 3209(h), and 3210(i), respectively) are each amended by striking “and 1995” and inserting “1995, 1996, and 1997”.

3. 1998

   Higher Education Amendments of 1998

   Pub. L. 105–244 title IX § 901(d) · 112 Stat. 1581

   Changed · 25 U.S.C. § 3210(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (d) 25 USC 1801 note. References.— Any reference to a section or other provision of the Tribally Controlled Community College Assistance Act of 1978 shall be deemed to be a reference to the Tribally Controlled College or University Assistance Act of 1978.

   Effective date note
   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.

4. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 title IX § 941(k)(2)(J) · 122 Stat. 3078

   Substituted · 25 U.S.C. § 3210(d)(5)(C)

   Pub. L. 110–315 substituted “tribally controlled college or university (within the meaning of section 1801 of this title)” for “tribally controlled community colleges (within the meaning of section 1801 of this title)”

   Source evidence

   Code amendment note
   Subsec. (d)(5)(C). Pub. L. 110–315 substituted “tribally controlled college or university (within the meaning of section 1801 of this title)” for “tribally controlled community colleges (within the meaning of section 1801 of this title)”.

   Enacted provision · exact public law section
   (J) Indian child protection and family violence prevention act.— Section 411(d)(5)(C) of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3210(d)(5)(C)) is amended by striking “tribally controlled” and all that follows through the semicolon at the end and inserting “tribally controlled college or university (within the meaning of section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978);”.

5. 2024

   Pub. L. 118–160 § 2(4)(A)(i)(I) · 138 Stat. 2569

   Substituted · 25 U.S.C. § 3210(d)(1)(A)

   Pub. L. 118–160, § 2(4)(A)(i)(I), substituted “abuse, neglect, or both” for “abuse and child neglect”

   Unresolved: Pub. L. 118–160 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (d)(1)(A). Pub. L. 118–160, § 2(4)(A)(i)(I), substituted “abuse, neglect, or both” for “abuse and child neglect”.

6. 2024

   Pub. L. 118–160 § 2(4)(A)(i)(II) · 138 Stat. 2569

   Added · 25 U.S.C. § 3210(d)(1)(D)(F)

   Pub. L. 118–160, § 2(4)(A)(i)(II), (III), added subpars. (D) to (F)

   Unresolved: Pub. L. 118–160 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (d)(1)(D) to (F). Pub. L. 118–160, § 2(4)(A)(i)(II), (III), added subpars. (D) to (F).

7. 2024

   Pub. L. 118–160 § 2(4)(A)(ii)(I) · 138 Stat. 2569

   Inserted · 25 U.S.C. § 3210(d)(2)(A)

   Pub. L. 118–160, § 2(4)(A)(ii)(I), inserted “in culturally appropriate ways” after “incidents of family violence”

   Unresolved: Pub. L. 118–160 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (d)(2)(A). Pub. L. 118–160, § 2(4)(A)(ii)(I), inserted “in culturally appropriate ways” after “incidents of family violence”.

8. 2024

   Pub. L. 118–160 § 2(4)(A)(ii)(II) · 138 Stat. 2569

   Inserted · 25 U.S.C. § 3210(d)(2)(C)

   Pub. L. 118–160, § 2(4)(A)(ii)(II), inserted “that may include culturally appropriate programs” after “training programs”

   Unresolved: Pub. L. 118–160 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (d)(2)(C). Pub. L. 118–160, § 2(4)(A)(ii)(II), inserted “that may include culturally appropriate programs” after “training programs”.

9. 2024

   Pub. L. 118–160 § 2(4)(A)(iii)(I) · 138 Stat. 2569

   Inserted · 25 U.S.C. § 3210(d)(3)(A)

   Pub. L. 118–160, § 2(4)(A)(iii)(I), inserted “and neglect” after “abuse”

   Unresolved: Pub. L. 118–160 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (d)(3)(A). Pub. L. 118–160, § 2(4)(A)(iii)(I), inserted “and neglect” after “abuse”.

10. 2024

    Pub. L. 118–160 § 2(4)(A)(iii)(II) · 138 Stat. 2569

    Substituted · 25 U.S.C. § 3210(d)(3)(B)

    Pub. L. 118–160, § 2(4)(A)(iii)(II), substituted “and neglect cases” for “cases, to the extent practicable,”

    Unresolved: Pub. L. 118–160 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(3)(B). Pub. L. 118–160, § 2(4)(A)(iii)(II), substituted “and neglect cases” for “cases, to the extent practicable,”.

11. 2024

    Pub. L. 118–160 § 2(4)(B)(i) · 138 Stat. 2569

    Substituted · 25 U.S.C. § 3210(f)(2)

    Pub. L. 118–160, § 2(4)(B)(i), substituted “develop, not later than one year after December 23, 2024, in consultation with Indian Tribes, appropriate caseload standards and staffing requirements” for “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”

    Unresolved: Pub. L. 118–160 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 118–160, § 2(4)(B)(i), substituted “develop, not later than one year after December 23, 2024, in consultation with Indian Tribes, appropriate caseload standards and staffing requirements” for “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”.

12. 2024

    Pub. L. 118–160 § 2(4)(B)(ii) · 138 Stat. 2569

    Substituted · 25 U.S.C. § 3210(f)(3)(D)

    Pub. L. 118–160, § 2(4)(B)(ii), substituted “abuse and neglect, high incidence of family violence” for “sexual abuse”

    Unresolved: Pub. L. 118–160 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f)(3)(D). Pub. L. 118–160, § 2(4)(B)(ii), substituted “abuse and neglect, high incidence of family violence” for “sexual abuse”.

13. 2024

    Pub. L. 118–160 § 2(4)(B)(iii) · 138 Stat. 2569

    Amended · 25 U.S.C. § 3210(f)(4)

    Pub. L. 118–160, § 2(4)(B)(iii), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The formula established pursuant to this subsection shall provide funding necessary to support—

    Unresolved: Pub. L. 118–160 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 118–160, § 2(4)(B)(iii), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “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.”

14. 2024

    Pub. L. 118–160 § 2(4)(B)(iv) · 138 Stat. 2569

    Substituted · 25 U.S.C. § 3210(f)(5)

    Pub. L. 118–160, § 2(4)(B)(iv), substituted “Indian Tribes” for “tribes”

    Unresolved: Pub. L. 118–160 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f)(5). Pub. L. 118–160, § 2(4)(B)(iv), substituted “Indian Tribes” for “tribes”.

15. 2024

    Pub. L. 118–160 § 2(4)(C) · 138 Stat. 2569

    Amended · 25 U.S.C. § 3210(g)

    Pub. L. 118–160, § 2(4)(C), amended subsec. (g) generally. Prior to amendment, subsec. (g) provided that services provided under contracts made under this section shall supplement, not supplant, services from any other funds available for the same general purposes

    Unresolved: Pub. L. 118–160 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 118–160, § 2(4)(C), amended subsec. (g) generally. Prior to amendment, subsec. (g) provided that services provided under contracts made under this section shall supplement, not supplant, services from any other funds available for the same general purposes.

4 of 15 references resolved to an enrolled provision · 11 unresolved