110th CONGRESS
1st Session
S. 398
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.
IN THE SENATE OF THE UNITED STATES
January 25, 2007
Mr. DORGAN (for himself, Mr. MCCAIN, Mr. INOUYE, Mr. THOMAS, and Mr. DOMENICI)
introduced the following bill; which was read twice and referred to the
Committee on Indian Affairs
A BILL
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Indian Child Protection and Family Violence
Prevention Act Amendments of 2007'.
SEC. 2. FINDINGS AND PURPOSE.
Section 402 of the Indian Child Protection and Family Violence Prevention
Act (25 U.S.C. 3201) is amended--
(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
(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
(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'.
SEC. 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.'.
SEC. 4. REPORTING PROCEDURES.
Section 404 of the Indian Child Protection and Family Violence Prevention
Act (25 U.S.C. 3203) is amended--
(A) in paragraph (1), by striking `(1) Within' and inserting the following:
`(1) IN GENERAL- Not later than'; and
(i) by striking `(2)(A) Any' and inserting the following:
`(2) INVESTIGATION OF REPORTS-
(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.'.
SEC. 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:
`SEC. 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.'.
SEC. 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:
`SEC. 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.'.
SEC. 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.'.
SEC. 8. CHARACTER INVESTIGATIONS.
Section 408 of the Indian Child Protection and Family Violence Prevention
Act (25 U.S.C. 3207) is amended--
(i) by inserting `, including any voluntary positions,' after `authorized
positions'; and
(ii) by striking the comma at the end and inserting a semicolon; and
(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;
`(5) child sexual exploitation;
`(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.'.
SEC. 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.'.
SEC. 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';
(A) in paragraph (4), by inserting `, State,' after `Federal'; and
(B) in paragraph (5), by striking `agency office' and inserting `Regional
Office';
(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
(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';
(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.'.
SEC. 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:
`SEC. 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.'.
SEC. 12. CONFORMING AMENDMENTS.
(a) Offenses Committed Within Indian Country- Section 1153(a) of title 18,
United States Code, is amended by inserting `felony child abuse, felony
child neglect,' after `robbery,'.
(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.'.
END
