Red Lake Nation News

Reporting Child Abuse

(Red Lake Tribal Code, Section 700)

Mandatory Reporting of Child Abuse

Personnel with knowledge or reasonable suspicion that a child was abused in Indian Country or that actions are being taken or will be taken that would reasonably be expected to result in the abuse of a child in Indian Country must immediately report such abuse or action to local child protective services or local law enforcement.

Indian Child Protection and Family Violence Prevent Act, P.L. 101-630; 18 U.S.C.  1196(a)



Failure to Report Child Abuse is a Crime

Failure to immediately report the abuse of a child in Indian Country or actions being taken or that would reasonably be expected to result in abuse of a child in Indian Country to local child protective services or local law enforcement is a Federal crime.

Indian Child Protection and Family Violence Prevention Act, P.L. 101-630; 18 U.S.C.  1169 (b)(3)



Interfering with a Report of Child Abuse is a Crime

It is a federal crime for any supervisor or person in authority to inhibit or prevent a mandated reporter from making a report that a child was abused in Indian Country or action are being taken or will be taken that would reasonably be expected to result in the abuse of a child in Indian Country.

Indian Child Protection and Family Violence Prevention Act, P.L. 101-630; 18 U.S.C.  1169 (b)(3)

Reporting Child Abuse

You do not have to prove abuse has occurred, but you do need to provide:

• Name of the child
• Age of the child
• Child’s Tribal affiliation
• Present state of the child (is it an emergency, is the child in imminent danger)
• Location or address and telephone number where the child can be found (school, parent’s home, grandparent’s home, friend’s home, hospital, shelter)
• Name of the child’s parent(s), tribal affiliation, address and telephone number
• Indicators that led you to believe the child is a victim of abuse
• You may remain anonymous, but it is helpful for Law Enforcement and Social Services to have your name and telephone number





When Local Law Enforcement or Social Services Receives a Report of Child Abuse

The agency receiving the report is required to:

• Immediately initiate an investigation
• Take appropriate steps to secure the safety and well-being of the child(ren)
• Inform appropriate officials of the other agency
• Within 36 hours, prepare and submit a written report to the other agency
• Immediately notify the Federal Bureau of Investigation is the abuse involves an Indian child or the alleged abuser is an Indian



Mandated Reporters

Federal Law requires that the following personnel report abuse:

• Health Care Personnel including physicians, surgeons, dentists, podiatrists, chiropractors, nurses, dental hygienists, optometrists, medical examiners, emergency medical technicians, paramedics,
• Education Personnel including teachers, school counselors, instructional aides, teacher’s aides, teacher’s assistants, bus drivers, administrative officers, supervisors of child welfare and attendance, truancy officers,
• Child Care Personnel including child day care workers, Headstart teachers, public assistance workers, group home workers, residential home workers, day care facility workers, social workers,
• Mental Health Personnel including psychiatrists, psychologist, psychological assistants, marriage, family and child counselors,
• Law Enforcement Personnel including law enforcement officers, probation officers, juvenile rehabilitation or detention facility workers, employees of public agencies responsible for enforcing statutes and judicial order.

Indian Child Protection and Family Violence Prevention Act, P.L. 101-630, 18 U.S.C.  1169(a)



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Immunity from Liability

Any mandated reporter who reports the abuse of a child based upon his/her reasonable belief and in good faith is immune from civil or criminal liability for making the report.

Indian Child Protection and Family Violence Prevention Act, P.L. 101-630; 25 U.S.C.  3203



Confidentiality

The identity of any person making a child abuse report will not be disclosed without the consent of the individual. However, a Tribal, State or Federal investigative or social services agency may provide information, records, and the name of the informant to a court of competent jurisdiction or other agency that needs to know the information in performance of its duties.

Indian Child Protection and Family Violence Prevention Act, P.L. 101-630; 18 U.S.C. 3203