Native American Child Protection Act

II 116TH CONGRESS 2D SESSION S. 4787 To amend the Indian Child Protection and Family Violence Prevention Act. IN THE SENATE OF THE UNITED STATES OCTOBER 1, 2020 Ms. MCSALLY 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Native American Child 4 Protection Act’’. 5 SEC. 2. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE 6 PREVENTION ACT AMENDMENTS. 7 The Indian Child Protection and Family Violence 8 Prevention Act (25 U.S.C. 3202 et seq.) is amended as 9 follows: 10 VerDate Sep 11 2014 04:21 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4787.IS S4787 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4787 IS (1) By amending section 403(3)(A) (25 U.S.C. 1 3202(3)(A)) to read as follows: 2 ‘‘(A) in any case in which— 3 ‘‘(i)(I) a child is dead or exhibits evi- 4 dence of skin bruising, bleeding, malnutri- 5 tion, failure to thrive, burns, fracture of 6 any bone, subdural hematoma, soft tissue 7 swelling; and 8 ‘‘(II) such condition is not justifiably 9 explained or may not be the product of an 10 accidental occurrence; or 11 ‘‘(ii) a child is subjected to sexual as- 12 sault, sexual molestation, sexual exploi- 13 tation, sexual contact, or prostitution;’’. 14 (2) In section 409 (25 U.S.C. 3208)— 15 (A) in subsection (a)— 16 (i) by striking ‘‘The Secretary of 17 Health and Human Services, acting 18 through the Service and in cooperation 19 with the Bureau’’ and inserting ‘‘The Serv- 20 ice, in cooperation with the Bureau’’; and 21 (ii) by striking ‘‘sexual abuse’’ and in- 22 serting ‘‘abuse or neglect’’; 23 (B) in subsection (b) through the end of 24 the section, by striking ‘‘Secretary of Health 25 VerDate Sep 11 2014 04:21 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4787.IS S4787 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4787 IS and Human Services’’ each place it appears and 1 inserting ‘‘Service’’; 2 (C) in subsection (b)(1), by inserting after 3 ‘‘Any Indian tribe or intertribal consortium’’ 4 the following: ‘‘, on its own or in partnership 5 with an urban Indian organization,’’; 6 (D) in subsections (b)(2)(B) and (d), by 7 striking ‘‘such Secretary’’ each place it appears 8 and inserting ‘‘the Service’’; 9 (E) by amending subsection (c) to read as 10 follows: 11 ‘‘(c) CULTURALLY APPROPRIATE TREATMENT.—In 12 awarding grants under this section, the Service shall en- 13 courage the use of culturally appropriate treatment serv- 14 ices and programs that respond to the unique cultural val- 15 ues, customs, and traditions of applicant Indian Tribes.’’; 16 (F) in subsection (d)(2), by striking ‘‘the 17 Secretary’’ and inserting ‘‘the Service’’; 18 (G) by redesignating subsection (e) as sub- 19 section (f); 20 (H) by inserting after subsection (d) the 21 following: 22 ‘‘(e) REPORT.—Not later than 2 years after the date 23 of the enactment of the Native American Child Protection 24 Act, the Service shall submit a report to Congress on the 25 VerDate Sep 11 2014 04:21 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4787.IS S4787 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4787 IS award of grants under this section. The report shall con- 1 tain— 2 ‘‘(1) a description of treatment and services for 3 which grantees have used funds awarded under this 4 section; and 5 ‘‘(2) any other information that the Service re- 6 quires.’’; and 7 (I) by amending subsection (f) (as so re- 8 designated by subparagraph (G) of this para- 9 graph), to read as follows: 10 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 11 are authorized to be appropriated to carry out this section 12 $30,000,000 for each of fiscal years 2021 through 2026.’’. 13 (3) In section 410 (25 U.S.C. 3209)— 14 (A) in the heading— 15 (i) by inserting ‘‘NATIONAL’’ before 16 ‘‘INDIAN’’; and 17 (ii) by striking ‘‘CENTERS’’ and in- 18 serting ‘‘CENTER’’; 19 (B) by amending subsections (a) and (b) to 20 read as follows: 21 ‘‘(a) ESTABLISHMENT.—Not later than one year 22 after the date of the enactment of the Native American 23 Child Protection Act, the Secretary shall establish a Na- 24 tional Indian Child Resource and Family Services Center. 25 VerDate Sep 11 2014 04:21 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4787.IS S4787 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4787 IS ‘‘(b) REPORT.—Not later than 2 years after the date 1 of the enactment of the Native American Child Protection 2 Act, the Secretary of the Interior, acting through the Bu- 3 reau of Indian Affairs, shall submit a report to Congress 4 on the status of the National Indian Child Resource and 5 Family Services Center.’’; 6 (C) in subsection (c)— 7 (i) by striking ‘‘Each’’ and inserting 8 ‘‘The’’; and 9 (ii) by striking ‘‘multidisciplinary’’; 10 (D) in subsection (d)— 11 (i) in the text before paragraph (1), 12 by striking ‘‘Each’’ and inserting ‘‘The’’; 13 (ii) in paragraph (1), by striking ‘‘and 14 inter-tribal consortia’’ and inserting ‘‘inter- 15 tribal consortia, and urban Indian organi- 16 zations’’; 17 (iii) in paragraph (2), by inserting 18 ‘‘urban Indian organizations,’’ after ‘‘tribal 19 organizations,’’; 20 (iv) in paragraph (3)— 21 (I) by inserting ‘‘and technical 22 assistance’’ after training; and 23 (II) by striking ‘‘and to tribal or- 24 ganizations’’ and inserting ‘‘, Tribal 25 VerDate Sep 11 2014 04:21 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4787.IS S4787 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4787 IS organizations, and urban Indian orga- 1 nizations’’; 2 (v) in paragraph (4)— 3 (I) by inserting ‘‘, State,’’ after 4 ‘‘Federal’’; and 5 (II) by striking ‘‘and tribal’’ and 6 inserting ‘‘Tribal, and urban Indian’’; 7 and 8 (vi) by amending paragraph (5) to 9 read as follows: 10 ‘‘(5) develop model intergovernmental agree- 11 ments between Tribes and States, and other mate- 12 rials that provide examples of how Federal, State, 13 and Tribal governments can develop effective rela- 14 tionships and provide for maximum cooperation in 15 the furtherance of prevention, investigation, treat- 16 ment, and prosecution of incidents of family violence 17 and child abuse and child neglect involving Indian 18 children and families.’’; and 19 (E) in subsection (e)— 20 (i) in the heading, by striking ‘‘MUL- 21 TIDISCIPLINARY TEAM’’ and inserting 22 ‘‘TEAM’’; 23 VerDate Sep 11 2014 04:21 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4787.IS S4787 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4787 IS (ii) in the text before paragraph (1), 1 by striking ‘‘Each multidisciplinary’’ and 2 inserting ‘‘The’’; and 3 (F) by amending subsections (f), (g), and 4 (h) to read as follows: 5 ‘‘(f) CENTER ADVISORY BOARD.—The Secretary 6 shall establish an advisory board to advise and assist the 7 National Indian Child Resource and Family Services Cen- 8 ter in carrying out its activities under this section. The 9 advisory board shall consist of 12 members appointed by 10 the Secretary from Indian Tribes, Tribal organizations, 11 and urban Indian organizations with expertise in child 12 abuse and child neglect. Members shall serve without com- 13 pensation, but may be reimbursed for travel and other ex- 14 penses while carrying out the duties of the board. The ad- 15 visory board shall assist the Center in coordinating pro- 16 grams, identifying training and technical assistance mate- 17 rials, and developing intergovernmental agreements relat- 18 ing to family violence, child abuse, and child neglect. 19 ‘‘(g) APPLICATION OF INDIAN SELF-DETERMINA- 20 TION ACT TO THE CENTER.—The National Indian Child 21 Resource and Family Services Center shall be subject to 22 the provisions of the Indian Self-Determination Act. The 23 Secretary may also contract for the operation of the Cen- 24 ter with a nonprofit Indian organization governed by an 25 VerDate Sep 11 2014 04:21 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4787.IS S4787 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4787 IS Indian-controlled board of directors that have substantial 1 experience in child abuse, child neglect, and family vio- 2 lence involving Indian children and families. 3 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 4 are authorized to be appropriated to carry out this section 5 $3,000,000 for each of fiscal years 2021 through 2026.’’. 6 (4) In section 411 (25 U.S.C. 3210)— 7 (A) in subsection (d)— 8 (i) in paragraph (1)— 9 (I) in subparagraph (A), by strik- 10 ing ‘‘abuse and child neglect’’ and in- 11 serting ‘‘abuse, neglect, or both’’; 12 (II) in subparagraph (B), by 13 striking ‘‘and’’ at the end; and 14 (III) by inserting after subpara- 15 graph (C), the following: 16 ‘‘(D) development of agreements between 17 Tribes, States, or private agencies on the co- 18 ordination of child abuse and neglect preven- 19 tion, investigation, and treatment services; 20 ‘‘(E) child protective services operational 21 costs including transportation, risk and protec- 22 tive factors assessments, family engagement 23 and kinship navigator services, and relative 24 VerDate Sep 11 2014 04:21 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4787.IS S4787 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4787 IS searches, criminal background checks for pro- 1 spective placements, and home studies; and 2 ‘‘(F) development of a Tribal child protec- 3 tion or multidisciplinary team to assist in the 4 prevention and investigation of child abuse and 5 neglect;’’; 6 (ii) in paragraph (2)— 7 (I) in subparagraph (A), by in- 8 serting ‘‘in culturally appropriate 9 ways’’ after ‘‘incidents of family vio- 10 lence’’; and 11 (II) in subparagraph (C), by in- 12 serting ‘‘that may include culturally 13 appropriate programs’’ after ‘‘training 14 programs’’; and 15 (iii) in paragraph (3)— 16 (I) in subparagraph (A), by in- 17 serting ‘‘and neglect’’ after ‘‘abuse’’; 18 and 19 (II) in subparagraph (B), by 20 striking ‘‘cases, to the extent prac- 21 ticable,’’ and inserting ‘‘and neglect 22 cases’’; 23 (B) in subsection (f)— 24 VerDate Sep 11 2014 04:21 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4787.IS S4787 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4787 IS (i) in paragraph (2), by striking ‘‘de- 1 velop, in consultation with Indian tribes, 2 appropriate caseload standards and staff- 3 ing requirements which are comparable to 4 standards developed by the National Asso- 5 ciation of Social Work, the Child Welfare 6 League of America and other professional 7 associations in the field of social work and 8 child welfare’’ and inserting ‘‘develop, not 9 later than one year after the date of the 10 enactment of the Native American Child 11 Protection Act, in consultation with Indian 12 Tribes, appropriate caseload standards and 13 staffing requirements’’; 14 (ii) in paragraph (3)(D), by striking 15 ‘‘sexual abuse’’ and inserting ‘‘abuse and 16 neglect, high incidence of family violence’’; 17 (iii) by amending paragraph (4) to 18 read as follows: 19 ‘‘(4) The formula established pursuant to this 20 subsection shall provide funding necessary to sup- 21 port not less than one child protective services or 22 family violence caseworker, including fringe benefits 23 and support costs, for each Indian Tribe.’’; and 24 VerDate Sep 11 2014 04:21 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4787.IS S4787 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4787 IS (iv) in paragraph (5), by striking 1 ‘‘tribes’’ and inserting ‘‘Indian Tribes’’; 2 (C) by amending subsection (g) to read as 3 follows: 4 ‘‘(g) REPORT.—Not later than 2 years after the date 5 of the enactment of the Native American Child Protection 6 Act, the Secretary of the Interior, acting through the Bu- 7 reau of Indian Affairs, shall submit a report to Congress 8 on the award of grants under this section. The report shall 9 contain— 10 ‘‘(1) a description of treatment and services for 11 which grantees have used funds awarded under this 12 section; and 13 ‘‘(2) any other information that the Secretary 14 of the Interior requires.’’; and 15 (D) by amending subsection (i) to read as 16 follows: 17 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 18 are authorized to be appropriated to carry out this section 19 $60,000,000 for each of fiscal years 2021 through 2026.’’. 20 Æ VerDate Sep 11 2014 04:21 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S4787.IS S4787 kjohnson on DSK79L0C42PROD with BILLS