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United States · Bill · S

S. 1783 (101st)

Indian Child Abuse Prevention and Treatment Act

openUnited States· United States Congress· EN

Introduced

24 October 1989

Last action

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Status

Provisions Included In H.R.3703.

Sponsors

—

Subjects

Discovery layer

Source updated

20 June 2025

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Summary

Indian Child Abuse Prevention and Treatment Act - Amends the Federal criminal code to impose a fine on: (1) any health care practitioner, teacher, day care worker, counselor, or law enforcement officer who knows of or suspects child abuse or neglect in Indian country and fails to report it immediately to the local child protective services or law enforcement agency; or (2) any person who supervises, or has authority over, such an individual and inhibits or prevents that report. Makes anyone reporting such abuse, neglect, or actions immune from civil and criminal liability provided such report is based upon their reasonable belief and is made in good faith. Prohibits any provision protecting or requiring confidentiality between doctors and patients or husbands and wives from applying or serving as a defense with respect to child abuse. Requires the local law enforcement or child protective services agency which initially receives a report of child abuse: (1) to immediately notify, and report to the other agency; (2) within 36 hours, to investigate and prepare a report on the allegations of abuse or neglect; and (3) to prepare a final written report on such allegations after completing the investigation. Prohibits disclosure of the identity of any person reporting child abuse or neglect, without the consent of that 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 performance of his or her duties. Requires the Secretary of the Interior to establish within the Department of the Interior a central registry of reports of abuse and neglect of children in Indian country. Requires such registry to contain: (1) local law enforcement and child protective services agency written reports on child abuse and neglect; (2) the status of investigations or prosecutions of such allegations; (3) any credible evidence to support such allegations; and (4) any determination that such allegations are unfounded. Provides that any report that is determined to be unfounded shall be expunged by the Secretary from the registry three years after such determination is made. Permits the Secretary to amend information in the registry to correct any error or false statement in such report upon receiving the application of any person alleged in a report to have committed abuse or neglect. Declares that the decision of the Secretary regarding such an application shall be final and not subject to judicial review. Limits access to such reports to the reporting medical practioner, the child's custodian or guardian, the courts, appropriate departments of social services and law enforcement, and the alleged offender. Allows employers seeking information about potential or current employees to access those reports which do not identify or provide assistance in identifying the child. Directs the Secretary to report annually to the Congress on the number and status of such reports. Allows Federal, State, and Indian agencies to share information regarding incidents of child abuse and neglect. Allows local law enforcement and child protective services agency officials to interview the child and obtain photographs and x-rays, of the child without parental consent if they have reason to believe the child has been abused or neglected. Directs the Secretaries of the Interior and Health and Human Services (HHS) to: (1) conduct an investigation of the moral character of each individual considered for appointment to a position that involves regular contact with, or control over Indian children; and (2) prescribe minimum standards of moral character for individuals appointed to those positions which shall ensure that none of such individuals are guilty of specified criminal offenses. Requires each Indian tribe or tribal organization that receives funds under the Indian Self-Determination and Education Assistance Act to: (1) conduct an investigation of the moral character of each individual employed by the Indian tribe or tribal organization in a position that involves regular contact with or control over Indian children; and (2) employ in those positions only individuals who meet minimum standards of moral character. Amends the Victims of Crime Act of 1984 to: (1) increase the ceilings of the Crime Victims Fund from $125,000,000 to $135,000,000 through FY 1991 and from $150,000,000 to $160,000,000 thereafter through FY 1994; (2) limit deposits in the Fund for crime victim compensation and assistance grants to amounts between $110,000,000 and $125,000,000; and (3) make available additional amounts in the Fund for Indian child abuse prevention and treatment grants. Directs the Secretary of HHS, through the Indian Health Service, to establish an Indian Child Abuse Prevention and Treatment Grant Program to provide grants of up to $500,000 to any Indian tribe or inter-tribal consortium for the establishment on Indian reservations of treatment programs for Indians who have been victims of child sexual abuse. Sets forth guidelines for applications for such grants. Requires grants recipients to: (1) provide such information as the Secretary may require to evaluate their program and ensure that grant funds were expended properly; and (2) submit a final report to the Secretary at the close of the grant term.

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9 official files

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