Public Law 118-160 | Public Law 118–160: To amend the Indian Child Protection and Family Violence Prevention Act.

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PUBLIC LAW 118–160—DEC. 23, 2024

138 STAT. 2567

Public Law

118–160

118th Congress

An Act

To amend the Indian Child Protection and Family Violence Prevention Act.

Dec. 23, 2024

[H.R. 663]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Native American Child Protection Act.

25 USC 3201 note.

SECTION 1.

SHORT TITLE.

This Act may be cited as the “

Native American Child Protection Act

”.

SEC. 2.

INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT AMENDMENTS.

The Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3202 et seq.)

is amended

as follows:

(1)

amending

section 403(3)(A) (25 U.S.C. 3202(3)(A)) to read as follows:

“(A)

in any case in which—

“(i)

(I)

a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling; and

“(II)

such condition is not justifiably explained or may not be the product of an accidental occurrence; or

“(ii)

a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution; and”

(2)

In section 409 (25 U.S.C. 3208)—

(A)

in subsection (a)—

(i)

striking

“The Secretary of Health and Human Services, acting through the Service and in cooperation with the Bureau” and

inserting

“The Service, in cooperation with the Bureau”; and

(ii)

striking

“sexual abuse” and

inserting

“abuse or neglect”;

(B)

in subsection (b) through the end of the section, by

striking

“Secretary of Health and Human Services” each place it appears and

inserting

“Service”;

(C)

in subsection (b)(1), by

inserting

after “Any Indian tribe or intertribal consortium” the following: “, on its own or in partnership with an urban Indian organization,”;

(D)

in subsections (b)(2)(B) and (d), by

striking

“such Secretary” each place it appears and

inserting

“the Service”;

(E)

amending

subsection (c) to read as follows:

“(c)

Culturally Appropriate Treatment.—

In awarding grants under this section, the Service shall encourage the use 138 STAT. 2568 of culturally appropriate treatment services and programs that respond to the unique cultural values, customs, and traditions of applicant Indian Tribes.”

;

(F)

in subsection (d)(2), by

striking

“the Secretary” and

inserting

“the Service”;

(G)

redesignating

subsection (e) as subsection (f); and

(H)

inserting

after subsection (d) the following:

“(e)

Report.—

Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Service shall submit a report to Congress on the award of grants under this section. The report shall contain—

“(1)

a description of treatment and services for which grantees have used funds awarded under this section; and

“(2)

any other information that the Service requires.”

(3)

In section 410 (25 U.S.C. 3209)—

(A)

in the heading—

(i)

inserting

“national” before “indian”; and

(ii)

striking

“centers” and

inserting

“center”;

(B)

amending

subsections (a) and (b) to read as follows:

“(a)

Deadline.
Establishment.—

Not later than 1 year after the date of the enactment of the Native American Child Protection Act, the Secretary shall establish a National Indian Child Resource and Family Services Center.

“(b)

Report.—

Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the status of the National Indian Child Resource and Family Services Center.”

;

(C)

in subsection (c)—

(i)

striking

“Each” and

inserting

“The”; and

(ii)

striking

“multidisciplinary”;

(D)

in subsection (d)—

(i)

in the text before paragraph (1), by

striking

“Each” and

inserting

“The”;

(ii)

in paragraph (1), by

striking

“and inter-tribal consortia” and

inserting

“inter-tribal consortia, and urban Indian organizations”;

(iii)

in paragraph (2), by

inserting

“urban Indian organizations,” after “tribal organizations,”;

(iv)

in paragraph (3)—

(I)

inserting

“and technical assistance” after “training”; and

(II)

striking

“and to tribal organizations” and

inserting

“, Tribal organizations, and urban Indian organizations”;

(v)

in paragraph (4)—

(I)

inserting

“, State,” after “Federal”; and

(II)

striking

“and tribal” and

inserting

“Tribal, and urban Indian”; and

(vi)

amending

paragraph (5) to read as follows:

“(5)

develop model intergovernmental agreements between Tribes and States, and other materials that provide examples of how Federal, State, and Tribal governments can develop effective relationships and provide for maximum cooperation in the furtherance of prevention, investigation, treatment, and 138 STAT. 2569 prosecution of incidents of family violence and child abuse and child neglect involving Indian children and families.”

;

(E)

in subsection (e)—

(i)

in the heading, by

striking

“Multidisciplinary Team” and

inserting

“Team”;

(ii)

in the text before paragraph (1), by

striking

“Each multidisciplinary” and

inserting

“The”; and

(F)

amending

subsections (f) and (g) to read as follows:

“(f)

Establishment.
Center Advisory Board.—

The Secretary shall establish an advisory board to advise and assist the National Indian Child Resource and Family Services Center in carrying out its activities under this section. The advisory board shall consist of 12 members appointed by the Secretary from Indian Tribes, Tribal organizations, and urban Indian organizations with expertise in child abuse and child neglect. Members shall serve without compensation, but may be reimbursed for travel and other expenses while carrying out the duties of the board. The advisory board shall assist the Center in coordinating programs, identifying training and technical assistance materials, and developing intergovernmental agreements relating to family violence, child abuse, and child neglect.

“(g)

Application of Indian Self-determination Act to the Center.—

The National Indian Child Resource and Family Services Center shall be subject to the provisions of the Indian Self-Determination Act.

Contracts.

The Secretary may also contract for the operation of the Center with a nonprofit Indian organization governed by an Indian-controlled board of directors that have substantial experience in child abuse, child neglect, and family violence involving Indian children and families.”

(4)

In section 411 (25 U.S.C. 3210)—

(A)

in subsection (d)—

(i)

in paragraph (1)—

(I)

in subparagraph (A), by

striking

“abuse and child neglect” and

inserting

“abuse, neglect, or both”;

(II)

in subparagraph (B), by

striking

“and” at the end; and

(III)

inserting

after subparagraph (C), the following:

“(D)

development of agreements between Tribes, States, or private agencies on the coordination of child abuse and neglect prevention, investigation, and treatment services;

“(E)

child protective services operational costs including transportation, risk and protective factors assessments, family engagement and kinship navigator services, and relative searches, criminal background checks for prospective placements, and home studies; and

“(F)

development of a Tribal child protection or multidisciplinary team to assist in the prevention and investigation of child abuse and neglect;”

;

(ii)

in paragraph (2)—

(I)

in subparagraph (A), by

inserting

“in culturally appropriate ways” after “incidents of family violence”; and138 STAT. 2570

(II)

in subparagraph (C), by

inserting

“that may include culturally appropriate programs” after “training programs”; and

(iii)

in paragraph (3)—

(I)

in subparagraph (A), by

inserting

“and neglect” after “abuse”; and

(II)

in subparagraph (B), by

striking

“cases, to the extent practicable,” and

inserting

“and neglect cases”;

(B)

in subsection (f)—

(i)

Deadline.

in paragraph (2), by

striking

“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” and

inserting

“develop, not later than one year after the date of the enactment of the Native American Child Protection Act, in consultation with Indian Tribes, appropriate caseload standards and staffing requirements”;

(ii)

in paragraph (3)(D), by

striking

“sexual abuse” and

inserting

“abuse and neglect, high incidence of family violence”;

(iii)

amending

paragraph (4) to read as follows:

“(4)

The formula established pursuant to this subsection shall provide funding necessary to support not less than one child protective services or family violence caseworker, including fringe benefits and support costs, for each Indian Tribe.”

; and

(iv)

in paragraph (5), by

striking

“tribes” and

inserting

“Indian Tribes”; and

(C)

amending

subsection (g) to read as follows:

“(g)

Report.—

Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the award of grants under this section. The report shall contain—

“(1)

a description of treatment and services for which grantees have used funds awarded under this section; and

“(2)

any other information that the Secretary of the Interior requires.”

SEC. 3.

LIMITATION ON APPROPRIATIONS.

No additional amounts are authorized to carry out this Act or any of the amendments made by this Act. Each program, project, and activity authorized by this Act or the amendments made by 138 STAT. 2571 this Act shall be subject to the availability of appropriations made in advance for such purposes.

Approved December 23, 2024.

LEGISLATIVE HISTORY—H.R. 663 (S. 2273):

HOUSE REPORTS: ┐No. 118–196 (Comm. on Natural Resources).

SENATE REPORTS: ┐No. 118–106 (Comm. on Indian Affairs).

CONGRESSIONAL RECORD:

Vol. 169 (2023):

Sept. 18, considered and passed House.

Vol. 170 (2024):

Dec. 17, considered and passed Senate.

○

Public Law 118–160: To amend the Indian Child Protection and Family Violence Prevention Act.

SHORT TITLE.

INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT AMENDMENTS.

Culturally Appropriate Treatment.—

Report.—

Deadline.Establishment.—

Report.—

Establishment.Center Advisory Board.—

Application of Indian Self-determination Act to the Center.—

Report.—

LIMITATION ON APPROPRIATIONS.

LEGISLATIVE HISTORY—H.R. 663 (S. 2273):

CONGRESSIONAL RECORD:

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Deadline.
Establishment.—

Establishment.
Center Advisory Board.—