S. 398

Indian Child Protection and Family Violence Prevention Act Amendments of 2007

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I

110th CONGRESS

1st Session

S. 398

IN THE HOUSE OF REPRESENTATIVES

June 5, 2007

Referred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

AN ACT

To amend the Indian Child Protection and Family Violence Prevention Act to identify and remove barriers to reducing child abuse, to provide for examinations of certain children, and for other purposes.

1.

Short title

This Act may be cited as the Indian Child Protection and Family Violence Prevention Act Amendments of 2007.

2.

Findings and purpose

Section 402 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3201) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)—

(i)

by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and

(ii)

by inserting after subparagraph (D) the following:

(E)

the Federal Government and certain State governments are responsible for investigating and prosecuting certain felony crimes, including child abuse, in Indian country, pursuant to chapter 53 of title 18, United States Code;

; and

(B)

in paragraph (2)—

(i)

in the matter preceding subparagraph (A), by striking two and inserting the;

(ii)

in subparagraph (A), by striking and at the end;

(iii)

in subparagraph (B), by striking the period at the end and inserting ; and; and

(iv)

by adding at the end the following:

(C)

identify and remove any impediment to the immediate investigation of incidents of child abuse in Indian country.

; and

(2)

in subsection (b)—

(A)

by striking paragraph (3) and inserting the following:

(3)

provide for a background investigation for any employee or volunteer who has access to children;

; and

(B)

in paragraph (6), by striking Area Office and inserting Regional Office.

3.

Definitions

Section 403 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3202) is amended—

(1)

by redesignating paragraphs (6) through (18) as paragraphs (7) through (19), respectively;

(2)

by inserting after paragraph (5) the following:

(6)

final conviction means the final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere, but does not include a final judgment that has been expunged by pardon, reversed, set aside, or otherwise rendered void;

;

(3)

in paragraph (13) (as redesignated by paragraph (1)), by striking that agency and all that follows through Indian tribe and inserting the Federal, State, or tribal agency;

(4)

in paragraph (14) (as redesignated by paragraph (1)), by inserting (including a tribal law enforcement agency operating pursuant to a grant, contract, or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)) after State law enforcement agency;

(5)

in paragraph (18) (as redesignated by paragraph (1)), by striking and at the end;

(6)

in paragraph (19) (as redesignated by paragraph (1)), by striking the period at the end and inserting ; and; and

(7)

by adding at the end the following:

(20)

telemedicine means a telecommunications link to an end user through the use of eligible equipment that electronically links health professionals or patients and health professionals at separate sites in order to exchange health care information in audio, video, graphic, or other format for the purpose of providing improved health care diagnosis and treatment.

.

4.

Reporting procedures

Section 404 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3203) is amended—

(1)

in subsection (c)—

(A)

in paragraph (1), by striking (1) Within and inserting the following:

(1)

In general

Not later than

; and

(B)

in paragraph (2)—

(i)

by striking (2)(A) Any and inserting the following:

(2)

Investigation of reports

(A)

In general

Any

;

(ii)

in subparagraph (B)—

(I)

by striking (B) Upon and inserting the following:

(B)

Final written report

On

; and

(II)

by inserting including any Federal, State, or tribal final conviction, and provide to the Federal Bureau of Investigation a copy of the report before the period at the end; and

(iii)

by adding at the end the following:

(C)

Maintenance of final reports

The Federal Bureau of Investigation shall maintain a record of each written report submitted under this subsection or subsection (b) in a manner in which the report is accessible to—

(i)

a local law enforcement agency that requires the information to carry out an official duty; and

(ii)

any agency requesting the information under section 408.

(D)

Report to congress

Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Director of the Federal Bureau of Investigation, in coordination with the Secretary and the Attorney General, shall submit to the Committees on Indian Affairs and the Judiciary of the Senate and the Committees on Natural Resources and the Judiciary of the House of Representatives a report on child abuse in Indian country during the preceding year.

(E)

Collection of data

Not less frequently than once each year, the Secretary, in consultation with the Secretary of Health and Human Services, the Attorney General, the Director of the Federal Bureau of Investigation, and any Indian tribe, shall—

(i)

collect any information concerning child abuse in Indian country (including reports under subsection (b)), including information relating to, during the preceding calendar year—

(I)

the number of criminal and civil child abuse allegations and investigations in Indian country;

(II)

the number of child abuse prosecutions referred, declined, or deferred in Indian country;

(III)

the number of child victims who are the subject of reports of child abuse in Indian country;

(IV)

sentencing patterns of individuals convicted of child abuse in Indian country; and

(V)

rates of recidivism with respect to child abuse in Indian country; and

(ii)

to the maximum extent practicable, reduce the duplication of information collection under clause (i).

; and

(2)

by adding at the end the following:

(e)

Confidentiality of Children

No local law enforcement agency or local child protective services agency shall disclose the name of, or information concerning, the child to anyone other than—

(1)

a person who, by reason of the participation of the person in the treatment of the child or the investigation or adjudication of the allegation, needs to know the information in the performance of the duties of the individual; or

(2)

an officer of any other Federal, State, or tribal agency that requires the information to carry out the duties of the officer under section 406.

(f)

Report

Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Secretary shall submit to the Committees on Indian Affairs and the Judiciary of the Senate and the Committees on Natural Resources and the Judiciary of the House of Representatives a report on child abuse in Indian country during the preceding year.

(g)

Authorization of Appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2012.

.

5.

Removal of impediments to reducing child abuse

Section 405 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3204) is amended to read as follows:

405.

Removal of impediments to reducing child abuse

(a)

Study

The Secretary, in consultation with the Attorney General and the Service, shall conduct a study under which the Secretary shall identify any impediment to the reduction of child abuse in Indian country and on Indian reservations.

(b)

Inclusions

The study under subsection (a) shall include a description of—

(1)

any impediment, or recent progress made with respect to removing impediments, to reporting child abuse in Indian country;

(2)

any impediment, or recent progress made with respect to removing impediments, to Federal, State, and tribal investigations and prosecutions of allegations of child abuse in Indian country; and

(3)

any impediment, or recent progress made with respect to removing impediments, to the treatment of child abuse in Indian country.

(c)

Report

Not later than 18 months after the date of enactment of the Indian Child Protection and Family Violence Prevention Act Amendments of 2007, the Secretary shall submit to the Committees on Indian Affairs and the Judiciary of the Senate, and the Committees on Natural Resources and the Judiciary of the House of Representatives, a report describing—

(1)

the findings of the study under this section; and

(2)

recommendations for legislative actions, if any, to reduce instances of child abuse in Indian country.

.

6.

Confidentiality

Section 406 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3205) is amended to read as follows:

406.

Confidentiality

(a)

In General

Notwithstanding any other provision of law, any Federal, State, or tribal government agency that treats or investigates incidents of child abuse may provide information and records to an officer of any other Federal, State, or tribal government agency that requires the information to carry out the duties of the officer, in accordance with section 552a of title 5, United States Code, section 361 of the Public Health Service Act (42 U.S.C. 264), the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), part C of title XI of the Social Security Act (42 U.S.C. 1320d et seq.), and other applicable Federal law.

(b)

Treatment of Indian Tribes

For purposes of this section, an Indian tribal government shall be considered to be an entity of the Federal Government.

.

7.

Waiver of parental consent

Section 407 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3206) is amended—

(1)

in subsection (a), by inserting and forensic after psychological; and

(2)

by striking subsection (c) and inserting the following:

(c)

Protection of Child

Any examination or interview of a child who may have been the subject of child abuse shall—

(1)

be conducted under such circumstances and using such safeguards as are necessary to minimize additional trauma to the child;

(2)

avoid, to the maximum extent practicable, subjecting the child to multiple interviewers during the examination and interview processes; and

(3)

as time permits, be conducted using advice from, or under the guidance of—

(A)

a local multidisciplinary team established under section 411; or

(B)

if a local multidisciplinary team is not established under section 411, a multidisciplinary team established under section 410.

.

8.

Character investigations

Section 408 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3207) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)—

(i)

by inserting , including any voluntary positions, after authorized positions; and

(ii)

by striking the comma at the end and inserting a semicolon; and

(B)

in paragraph (2)—

(i)

by inserting (including in a volunteer capacity) after considered for employment; and

(ii)

by striking , and and inserting ; and;

(2)

in subsection (b), by striking “guilty to” and all that follows and inserting the following: “guilty to, any felony offense under Federal, State, or tribal law, or 2 or more misdemeanor offenses under Federal, State, or tribal law, involving—

(1)

a crime of violence;

(2)

sexual assault;

(3)

child abuse;

(4)

molestation;

(5)

child sexual exploitation;

(6)

sexual contact;

(7)

child neglect;

(8)

prostitution; or

(9)

another offense against a child.

; and

(3)

by adding at the end the following:

(d)

Effect on Child Placement

An Indian tribe that submits a written statement to the applicable State official documenting that the Indian tribe has conducted a background investigation under this section for the placement of an Indian child in a tribally-licensed or tribally-approved foster care or adoptive home, or for another out-of-home placement, shall be considered to have satisfied the background investigation requirements of any Federal or State law requiring such an investigation.

.

9.

Indian child abuse treatment grant program

Section 409 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3208) is amended by striking subsection (e) and inserting the following:

(e)

Authorization of Appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2012.

.

10.

Indian Child Resource and family services Centers

Section 410 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3209) is amended—

(1)

in subsection (a), by striking area office and inserting Regional Office;

(2)

in subsection (b), by striking The Secretary and all that follows through Human Services and inserting The Secretary, the Secretary of Health and Human Services, and the Attorney General;

(3)

in subsection (d)—

(A)

in paragraph (4), by inserting , State, after Federal; and

(B)

in paragraph (5), by striking agency office and inserting Regional Office;

(4)

in subsection (e)—

(A)

in paragraph (2), by striking the comma at the end and inserting a semicolon;

(B)

by striking paragraph (3) and inserting the following:

(3)

adolescent mental and behavioral health (including suicide prevention and treatment);

;

(C)

in paragraph (4), by striking the period at the end and inserting and sexual assault;; and

(D)

by adding at the end the following:

(5)

criminal prosecution; and

(6)

medicine.

;

(5)

in subsection (f)—

(A)

in the first sentence, by striking The Secretary and all that follows through Human Services and inserting the following:

(1)

Establishment

The Secretary, in consultation with the Service and the Attorney General

;

(B)

in the second sentence—

(i)

by striking Each and inserting the following

(2)

Membership

Each

; and

(ii)

by striking shall consist of 7 members and inserting shall be;

(C)

in the third sentence, by striking Members and inserting the following:

(3)

Compensation

Members

; and

(D)

in the fourth sentence, by striking The advisory and inserting the following:

(4)

Duties

Each advisory

;

(6)

in subsection (g)—

(A)

by striking (g) and all that follows through Indian Child Resource and inserting the following:

(g)

Application of Indian Self-Determination and Education Assistance Act to Centers

(1)

In general

Indian Child Resource

;

(B)

in the first sentence, by striking Act and inserting and Education Assistance Act (25 U.S.C. 450 et seq.);

(C)

by striking the second sentence and inserting the following:

(2)

Certain regional offices

(A)

In general

Except as provided in subparagraph (B), if a Center is located in a Regional Office of the Bureau that serves more than 1 Indian tribe, an application to enter into a grant, contract, or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) to operate the Center shall contain a consent form signed by an official of each Indian tribe to be served under the grant, contract, or compact.

(B)

Alaska region

Notwithstanding subparagraph (A), for Centers located in the Alaska Region, an application to enter into a grant, contract, or compact described in that subparagraph shall contain a consent form signed by an official of each Indian tribe or tribal consortium that is a member of a grant, contract, or compact relating to an Indian child protection and family violence prevention program under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

; and

(D)

in the third sentence, by striking This section and inserting the following:

(3)

Effect of section

This section

; and

(7)

by striking subsection (h) and inserting the following:

(h)

Authorization of Appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2012.

.

11.

Use of telemedicine

The Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3201 et seq.) is amended by adding at the end the following:

412.

Use of telemedicine

(a)

Definition of Medical or Behavioral Health Professional

In this section, the term medical or behavioral health professional means an employee or volunteer of an organization that provides a service as part of a comprehensive service program that combines—

(1)

substance abuse (including abuse of alcohol, drugs, inhalants, and tobacco) prevention and treatment; and

(2)

mental health treatment.

(b)

Contracts and Agreements

The Service is authorized to enter into any contract or agreement for the use of telemedicine with a public or private university or facility, including a medical university or facility, or any private medical or behavioral health professional, with experience relating to pediatrics, including the diagnosis and treatment of child abuse, to assist the Service with respect to—

(1)

the diagnosis and treatment of child abuse; or

(2)

methods of training Service personnel in diagnosing and treating child abuse.

(c)

Administration

In carrying out subsection (b), the Service shall, to the maximum extent practicable—

(1)

use existing telemedicine infrastructure; and

(2)

give priority to Service units and medical facilities operated pursuant to grants, contracts, or compacts under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) that are located in, or providing service to, remote areas of Indian country.

(d)

Information and Consultation

On receipt of a request, for purposes of this section, the Service may provide to public and private universities and facilities, including medical universities and facilities, and medical or behavioral health professionals described in subsection (b) any information or consultation on the treatment of Indian children who have, or may have, been subject to abuse or neglect.

(e)

Authorization of Appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2012.

.

12.

Conforming amendments

(a)

Offenses committed within Indian country

Section 1153(a) of title 18, United States Code, is amended by striking felony child abuse or neglect and inserting felony child abuse, felony child neglect.

(b)

Reporting of Child Abuse

Section 1169 of title 18, United States Code, is amended—

(1)

in subsection (a)(1)—

(A)

in subparagraph (B), by inserting or volunteering for after employed by;

(B)

in subparagraph (D)—

(i)

by inserting or volunteer after child day care worker; and

(ii)

by striking worker in a group home and inserting worker or volunteer in a group home;

(C)

in subparagraph (E), by striking or psychological assistant, and inserting psychological or psychiatric assistant, or person employed in the mental or behavioral health profession;;

(D)

in subparagraph (F), by striking child and inserting individual;

(E)

by striking subparagraph (G), and inserting the following:

(G)

foster parent; or

; and

(F)

in subparagraph (H), by striking law enforcement officer, probation officer and inserting law enforcement personnel, probation officer, criminal prosecutor; and

(2)

in subsection (c), by striking paragraphs (3) and (4) and inserting the following:

(3)

local child protective services agency has the meaning given the term in section 403 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3202); and

(4)

local law enforcement agency has the meaning given the term in section 403 of that Act.

.

Passed the Senate May 25, 2007.

NANCY ERICKSON,

Secretary.