Native American Child Protection Act

IIB 116TH CONGRESS 2D SESSION H. R. 4957 IN THE SENATE OF THE UNITED STATES SEPTEMBER 22, 2020 Received; read twice and referred to the Committee on Indian Affairs AN ACT To amend the Indian Child Protection and Family Violence Prevention Act. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 03:55 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4957.RFS H4957 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 4957 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Native American Child 2 Protection Act’’. 3 SEC. 2. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE 4 PREVENTION ACT AMENDMENTS. 5 The Indian Child Protection and Family Violence 6 Prevention Act (25 U.S.C. 3202 et seq.) is amended as 7 follows: 8 (1) By amending section 403(3)(A) (25 U.S.C. 9 3202(3)(A)) to read as follows: 10 ‘‘(A) in any case in which— 11 ‘‘(i)(I) a child is dead or exhibits evi- 12 dence of skin bruising, bleeding, malnutri- 13 tion, failure to thrive, burns, fracture of 14 any bone, subdural hematoma, soft tissue 15 swelling; and 16 ‘‘(II) such condition is not justifiably 17 explained or may not be the product of an 18 accidental occurrence; or 19 ‘‘(ii) a child is subjected to sexual as- 20 sault, sexual molestation, sexual exploi- 21 tation, sexual contact, or prostitution;’’. 22 (2) In section 409 (25 U.S.C. 3208)— 23 (A) in subsection (a)— 24 (i) by striking ‘‘The Secretary of 25 Health and Human Services, acting 26 VerDate Sep 11 2014 03:55 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4957.RFS H4957 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 4957 RFS through the Service and in cooperation 1 with the Bureau’’ and inserting ‘‘The Serv- 2 ice, in cooperation with the Bureau’’; and 3 (ii) by striking ‘‘sexual abuse’’ and in- 4 serting ‘‘abuse or neglect’’; 5 (B) in subsection (b) through the end of 6 the section, by striking ‘‘Secretary of Health 7 and Human Services’’ each place it appears and 8 inserting ‘‘Service’’; 9 (C) in subsection (b)(1), by inserting after 10 ‘‘Any Indian tribe or intertribal consortium’’ 11 the following: ‘‘, on its own or in partnership 12 with an urban Indian organization,’’; 13 (D) in subsections (b)(2)(B) and (d), by 14 striking ‘‘such Secretary’’ each place it appears 15 and inserting ‘‘the Service’’; 16 (E) by amending subsection (c) to read as 17 follows: 18 ‘‘(c) CULTURALLY APPROPRIATE TREATMENT.—In 19 awarding grants under this section, the Service shall en- 20 courage the use of culturally appropriate treatment serv- 21 ices and programs that respond to the unique cultural val- 22 ues, customs, and traditions of applicant Indian Tribes.’’; 23 (F) in subsection (d)(2), by striking ‘‘the 24 Secretary’’ and inserting ‘‘the Service’’; 25 VerDate Sep 11 2014 03:55 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4957.RFS H4957 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 4957 RFS (G) by redesignating subsection (e) as sub- 1 section (f); 2 (H) by inserting after subsection (d) the 3 following: 4 ‘‘(e) REPORT.—Not later than 2 years after the date 5 of the enactment of the Native American Child Protection 6 Act, the Service shall submit a report to Congress on the 7 award of grants under this section. The report shall con- 8 tain— 9 ‘‘(1) a description of treatment and services for 10 which grantees have used funds awarded under this 11 section; and 12 ‘‘(2) any other information that the Service re- 13 quires.’’; and 14 (I) by amending subsection (f) (as so re- 15 designated by subparagraph (G) of this para- 16 graph), to read as follows: 17 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 18 are authorized to be appropriated to carry out this section 19 $30,000,000 for each of fiscal years 2021 through 2026.’’. 20 (3) In section 410 (25 U.S.C. 3209)— 21 (A) in the heading— 22 (i) by inserting ‘‘NATIONAL’’ before 23 ‘‘INDIAN’’; and 24 VerDate Sep 11 2014 03:55 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4957.RFS H4957 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 4957 RFS (ii) by striking ‘‘CENTERS’’ and in- 1 serting ‘‘CENTER’’; 2 (B) by amending subsections (a) and (b) to 3 read as follows: 4 ‘‘(a) ESTABLISHMENT.—Not later than one year 5 after the date of the enactment of the Native American 6 Child Protection Act, the Secretary shall establish a Na- 7 tional Indian Child Resource and Family Services Center. 8 ‘‘(b) REPORT.—Not later than 2 years after the date 9 of the enactment of the Native American Child Protection 10 Act, the Secretary of the Interior, acting through the Bu- 11 reau of Indian Affairs, shall submit a report to Congress 12 on the status of the National Indian Child Resource and 13 Family Services Center.’’; 14 (C) in subsection (c)— 15 (i) by striking ‘‘Each’’ and inserting 16 ‘‘The’’; and 17 (ii) by striking ‘‘multidisciplinary’’; 18 (D) in subsection (d)— 19 (i) in the text before paragraph (1), 20 by striking ‘‘Each’’ and inserting ‘‘The’’; 21 (ii) in paragraph (1), by striking ‘‘and 22 inter-tribal consortia’’ and inserting ‘‘inter- 23 tribal consortia, and urban Indian organi- 24 zations’’; 25 VerDate Sep 11 2014 03:55 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4957.RFS H4957 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 4957 RFS (iii) in paragraph (2), by inserting 1 ‘‘urban Indian organizations,’’ after ‘‘tribal 2 organizations,’’; 3 (iv) in paragraph (3)— 4 (I) by inserting ‘‘and technical 5 assistance’’ after training; and 6 (II) by striking ‘‘and to tribal or- 7 ganizations’’ and inserting ‘‘, Tribal 8 organizations, and urban Indian orga- 9 nizations’’; 10 (v) in paragraph (4)— 11 (I) by inserting ‘‘, State,’’ after 12 ‘‘Federal’’; and 13 (II) by striking ‘‘and tribal’’ and 14 inserting ‘‘Tribal, and urban Indian’’; 15 and 16 (vi) by amending paragraph (5) to 17 read as follows: 18 ‘‘(5) develop model intergovernmental agree- 19 ments between Tribes and States, and other mate- 20 rials that provide examples of how Federal, State, 21 and Tribal governments can develop effective rela- 22 tionships and provide for maximum cooperation in 23 the furtherance of prevention, investigation, treat- 24 ment, and prosecution of incidents of family violence 25 VerDate Sep 11 2014 03:55 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4957.RFS H4957 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 4957 RFS and child abuse and child neglect involving Indian 1 children and families.’’; and 2 (E) in subsection (e)— 3 (i) in the heading, by striking ‘‘MUL- 4 TIDISCIPLINARY TEAM’’ and inserting 5 ‘‘TEAM’’; 6 (ii) in the text before paragraph (1), 7 by striking ‘‘Each multidisciplinary’’ and 8 inserting ‘‘The’’; and 9 (F) by amending subsections (f), (g), and 10 (h) to read as follows: 11 ‘‘(f) CENTER ADVISORY BOARD.—The Secretary 12 shall establish an advisory board to advise and assist the 13 National Indian Child Resource and Family Services Cen- 14 ter in carrying out its activities under this section. The 15 advisory board shall consist of 12 members appointed by 16 the Secretary from Indian Tribes, Tribal organizations, 17 and urban Indian organizations with expertise in child 18 abuse and child neglect. Members shall serve without com- 19 pensation, but may be reimbursed for travel and other ex- 20 penses while carrying out the duties of the board. The ad- 21 visory board shall assist the Center in coordinating pro- 22 grams, identifying training and technical assistance mate- 23 rials, and developing intergovernmental agreements relat- 24 ing to family violence, child abuse, and child neglect. 25 VerDate Sep 11 2014 03:55 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4957.RFS H4957 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 4957 RFS ‘‘(g) APPLICATION OF INDIAN SELF-DETERMINA- 1 TION ACT TO THE CENTER.—The National Indian Child 2 Resource and Family Services Center shall be subject to 3 the provisions of the Indian Self-Determination Act. The 4 Secretary may also contract for the operation of the Cen- 5 ter with a nonprofit Indian organization governed by an 6 Indian-controlled board of directors that have substantial 7 experience in child abuse, child neglect, and family vio- 8 lence involving Indian children and families. 9 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 10 are authorized to be appropriated to carry out this section 11 $3,000,000 for each of fiscal years 2021 through 2026.’’. 12 (4) In section 411 (25 U.S.C. 3210)— 13 (A) in subsection (d)— 14 (i) in paragraph (1)— 15 (I) in subparagraph (A), by strik- 16 ing ‘‘abuse and child neglect’’ and in- 17 serting ‘‘abuse, neglect, or both’’; 18 (II) in subparagraph (B), by 19 striking ‘‘and’’ at the end; and 20 (III) by inserting after subpara- 21 graph (C), the following: 22 ‘‘(D) development of agreements between 23 Tribes, States, or private agencies on the co- 24 VerDate Sep 11 2014 03:55 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4957.RFS H4957 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 4957 RFS ordination of child abuse and neglect preven- 1 tion, investigation, and treatment services; 2 ‘‘(E) child protective services operational 3 costs including transportation, risk and protec- 4 tive factors assessments, family engagement 5 and kinship navigator services, and relative 6 searches, criminal background checks for pro- 7 spective placements, and home studies; and 8 ‘‘(F) development of a Tribal child protec- 9 tion or multidisciplinary team to assist in the 10 prevention and investigation of child abuse and 11 neglect;’’; 12 (ii) in paragraph (2)— 13 (I) in subparagraph (A), by in- 14 serting ‘‘in culturally appropriate 15 ways’’ after ‘‘incidents of family vio- 16 lence’’; and 17 (II) in subparagraph (C), by in- 18 serting ‘‘that may include culturally 19 appropriate programs’’ after ‘‘training 20 programs’’; and 21 (iii) in paragraph (3)— 22 (I) in subparagraph (A), by in- 23 serting ‘‘and neglect’’ after ‘‘abuse’’; 24 and 25 VerDate Sep 11 2014 03:55 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4957.RFS H4957 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 4957 RFS (II) in subparagraph (B), by 1 striking ‘‘cases, to the extent prac- 2 ticable,’’ and inserting ‘‘and neglect 3 cases’’; 4 (B) in subsection (f)— 5 (i) in paragraph (2), by striking ‘‘de- 6 velop, in consultation with Indian tribes, 7 appropriate caseload standards and staff- 8 ing requirements which are comparable to 9 standards developed by the National Asso- 10 ciation of Social Work, the Child Welfare 11 League of America and other professional 12 associations in the field of social work and 13 child welfare’’ and inserting ‘‘develop, not 14 later than one year after the date of the 15 enactment of the Native American Child 16 Protection Act, in consultation with Indian 17 Tribes, appropriate caseload standards and 18 staffing requirements’’; 19 (ii) in paragraph (3)(D), by striking 20 ‘‘sexual abuse’’ and inserting ‘‘abuse and 21 neglect, high incidence of family violence’’; 22 (iii) by amending paragraph (4) to 23 read as follows: 24 VerDate Sep 11 2014 03:55 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4957.RFS H4957 pamtmann on DSKBC07HB2PROD with BILLS 11 HR 4957 RFS ‘‘(4) The formula established pursuant to this 1 subsection shall provide funding necessary to sup- 2 port not less than one child protective services or 3 family violence caseworker, including fringe benefits 4 and support costs, for each Indian Tribe.’’; and 5 (iv) in paragraph (5), by striking 6 ‘‘tribes’’ and inserting ‘‘Indian Tribes’’; 7 (C) by amending subsection (g) to read as 8 follows: 9 ‘‘(g) REPORT.—Not later than 2 years after the date 10 of the enactment of the Native American Child Protection 11 Act, the Secretary of the Interior, acting through the Bu- 12 reau of Indian Affairs, shall submit a report to Congress 13 on the award of grants under this section. The report shall 14 contain— 15 ‘‘(1) a description of treatment and services for 16 which grantees have used funds awarded under this 17 section; and 18 ‘‘(2) any other information that the Secretary 19 of the Interior requires.’’; and 20 (D) by amending subsection (i) to read as 21 follows: 22 VerDate Sep 11 2014 03:55 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4957.RFS H4957 pamtmann on DSKBC07HB2PROD with BILLS 12 HR 4957 RFS ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 1 are authorized to be appropriated to carry out this section 2 $60,000,000 for each of fiscal years 2021 through 2026.’’. 3 Passed the House of Representatives September 21, 2020. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 03:55 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4957.RFS H4957 pamtmann on DSKBC07HB2PROD with BILLS