{"identifier":"/us/usc/t25/s3202","title":25,"num":"\u00a7\u202f3202.","heading":"Definitions","text":"\u00a7\u202f3202.\nDefinitions\nFor the purposes of this chapter, the term\u2014\n(1) \u201cBureau\u201d means the Bureau of Indian Affairs of the Department of the Interior;\n(2) \u201cchild\u201d means an individual who\u2014\n(A) is not married, and\n(B) has not attained 18 years of age;\n(3) \u201cchild abuse\u201d includes but is not limited to\u2014\n(A) in any case in which\u2014\n(i)\n(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\n(II) such condition is not justifiably explained or may not be the product of an accidental occurrence; or\n(ii) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution; and\n(B) any case in which a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;\n(4) \u201cchild neglect\u201d includes but is not limited to, negligent treatment or maltreatment of a child by a person, including a person responsible for the child\u2019s welfare, under circumstances which indicate that the child\u2019s health or welfare is harmed or threatened thereby;\n(5) \u201cfamily violence\u201d means any act, or threatened act, of violence, including any forceful detention of an individual, which\u2014\n(A) results, or threatens to result, in physical or mental injury, and\n(B) is committed by an individual against another individual\u2014\n(i) to whom such person is, or was, related by blood or marriage or otherwise legally related, or\n(ii) with whom such person is, or was, residing;\n(6) \u201cIndian\u201d means any individual who is a member of an Indian tribe;\n(7) \u201cIndian child\u201d has the meaning given to such term by\nsection 1903(4) of this title\n(8) \u201cIndian country\u201d has the meaning given to such term by\nsection 1151 of title 18\n(9) \u201cIndian reservation\u201d means any Indian reservation, public domain Indian allotment, former Indian reservation in Oklahoma, or lands held by incorporated Native groups, regional corporations, or village corporations under the provisions of the Alaska Native Claims Settlement Act (\n43 U.S.C. 1601\n(10) \u201cIndian tribe\u201d and \u201ctribal organization\u201d have the respective meanings given to each of such terms under\nsection 5304 of this title\n(11) \u201cinter-tribal consortium\u201d means a partnership between\u2014\n(A) an Indian tribe or tribal organization of an Indian tribe, and\n(B) one or more Indian tribes or tribal organizations of one or more other Indian tribes;\n(12) \u201clocal child protective services agency\u201d means that agency of the Federal Government, of a State, or of an Indian tribe that has the primary responsibility for child protection on any Indian reservation or within any community in Indian country;\n(13) \u201clocal law enforcement agency\u201d means that Federal, tribal, or State law enforcement agency that has the primary responsibility for the investigation of an instance of alleged child abuse within the portion of Indian country involved;\n(14) \u201cpersons responsible for a child\u2019s welfare\u201d means any person who has legal or other recognized duty for the care and safety of a child, including\u2014\n(A) any employee or volunteer of a children\u2019s residential facility, and\n(B) any person providing out-of-home care, education, or services to children;\n(15) \u201crelated assistance\u201d\u2014\n(A) includes counseling and self-help services to abusers, victims, and dependents in family violence situations (which shall include counseling of all family members to the extent feasible) and referrals for appropriate health-care services (including alcohol and drug abuse treatment), and\n(B) may include food, clothing, child care, transportation, and emergency services for victims of family violence and their dependents;\n(16) \u201cSecretary\u201d means the Secretary of the Interior;\n(17) \u201cshelter\u201d means the provision of temporary refuge and related assistance in compliance with applicable Federal and tribal laws and regulations governing the provision, on a regular basis, of shelter, safe homes, meals, and related assistance to victims of family violence or their dependents; and\n(18) \u201cService\u201d means the Indian Health Service of the Department of Health and Human Services.","url":"https://projectusc.org/usc/t25/s3202.html","content":[{"t":"sec","id":"/us/usc/t25/s3202","children":[{"t":"num","text":"\u00a7\u202f3202."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"For the purposes of this chapter, the term\u2014"},{"t":"para","id":"/us/usc/t25/s3202/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" \u201cBureau\u201d means the Bureau of Indian Affairs of the Department of the Interior;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s3202/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" \u201cchild\u201d means an individual who\u2014"},{"t":"subpara","id":"/us/usc/t25/s3202/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is not married, and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t25/s3202/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" has not attained 18 years of age;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s3202/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" \u201cchild abuse\u201d includes but is not limited to\u2014"},{"t":"subpara","id":"/us/usc/t25/s3202/3/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" in any case in which\u2014"},{"t":"clause","id":"/us/usc/t25/s3202/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"subclause","id":"/us/usc/t25/s3202/3/A/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t25/s3202/3/A/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" such condition is not justifiably explained or may not be the product of an accidental occurrence; or","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t25/s3202/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t25/s3202/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any case in which a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s3202/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" \u201cchild neglect\u201d includes but is not limited to, negligent treatment or maltreatment of a child by a person, including a person responsible for the child\u2019s welfare, under circumstances which indicate that the child\u2019s health or welfare is harmed or threatened thereby;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s3202/5","children":[{"t":"num","text":"(5)"},{"t":"chapeau","text":" \u201cfamily violence\u201d means any act, or threatened act, of violence, including any forceful detention of an individual, which\u2014"},{"t":"subpara","id":"/us/usc/t25/s3202/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" results, or threatens to result, in physical or mental injury, and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t25/s3202/5/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" is committed by an individual against another individual\u2014"},{"t":"clause","id":"/us/usc/t25/s3202/5/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" to whom such person is, or was, related by blood or marriage or otherwise legally related, or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t25/s3202/5/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" with whom such person is, or was, residing;","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s3202/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" \u201cIndian\u201d means any individual who is a member of an Indian tribe;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s3202/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" \u201cIndian child\u201d has the meaning given to such term by ","children":[{"t":"ref","text":"section 1903(4) of this title","href":"/us/usc/t25/s1903/4","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s3202/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" \u201cIndian country\u201d has the meaning given to such term by ","children":[{"t":"ref","text":"section 1151 of title 18","href":"/us/usc/t18/s1151","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s3202/9","children":[{"t":"num","text":"(9)"},{"t":"content","text":" \u201cIndian reservation\u201d means any Indian reservation, public domain Indian allotment, former Indian reservation in Oklahoma, or lands held by incorporated Native groups, regional corporations, or village corporations under the provisions of the Alaska Native Claims Settlement Act (","children":[{"t":"ref","text":"43 U.S.C. 1601","href":"/us/usc/t43/s1601","tail":" et seq.);"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s3202/10","children":[{"t":"num","text":"(10)"},{"t":"content","text":" \u201cIndian tribe\u201d and \u201ctribal organization\u201d have the respective meanings given to each of such terms under ","children":[{"t":"ref","text":"section 5304 of this title","href":"/us/usc/t25/s5304","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s3202/11","children":[{"t":"num","text":"(11)"},{"t":"chapeau","text":" \u201cinter-tribal consortium\u201d means a partnership between\u2014"},{"t":"subpara","id":"/us/usc/t25/s3202/11/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" an Indian tribe or tribal organization of an Indian tribe, and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t25/s3202/11/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" one or more Indian tribes or tribal organizations of one or more other Indian tribes;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s3202/12","children":[{"t":"num","text":"(12)"},{"t":"content","text":" \u201clocal child protective services agency\u201d means that agency of the Federal Government, of a State, or of an Indian tribe that has the primary responsibility for child protection on any Indian reservation or within any community in Indian country;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s3202/13","children":[{"t":"num","text":"(13)"},{"t":"content","text":" \u201clocal law enforcement agency\u201d means that Federal, tribal, or State law enforcement agency that has the primary responsibility for the investigation of an instance of alleged child abuse within the portion of Indian country involved;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s3202/14","children":[{"t":"num","text":"(14)"},{"t":"chapeau","text":" \u201cpersons responsible for a child\u2019s welfare\u201d means any person who has legal or other recognized duty for the care and safety of a child, including\u2014"},{"t":"subpara","id":"/us/usc/t25/s3202/14/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" any employee or volunteer of a children\u2019s residential facility, and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t25/s3202/14/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any person providing out-of-home care, education, or services to children;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s3202/15","children":[{"t":"num","text":"(15)"},{"t":"chapeau","text":" \u201crelated assistance\u201d\u2014"},{"t":"subpara","id":"/us/usc/t25/s3202/15/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" includes counseling and self-help services to abusers, victims, and dependents in family violence situations (which shall include counseling of all family members to the extent feasible) and referrals for appropriate health-care services (including alcohol and drug abuse treatment), and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t25/s3202/15/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" may include food, clothing, child care, transportation, and emergency services for victims of family violence and their dependents;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s3202/16","children":[{"t":"num","text":"(16)"},{"t":"content","text":" \u201cSecretary\u201d means the Secretary of the Interior;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s3202/17","children":[{"t":"num","text":"(17)"},{"t":"content","text":" \u201cshelter\u201d means the provision of temporary refuge and related assistance in compliance with applicable Federal and tribal laws and regulations governing the provision, on a regular basis, of shelter, safe homes, meals, and related assistance to victims of family violence or their dependents; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s3202/18","children":[{"t":"num","text":"(18)"},{"t":"content","text":" \u201cService\u201d means the Indian Health Service of the Department of Health and Human Services.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}