Ink on paper…

On November 28, 1990, Public Law 101-630, the Indian Child Protection and Family Violence Prevention Act, enumerated in United States Code Title 25 Section 3207, became law.  This law was passed due to growing concerns over child abuse and neglect within Indian Country.  Much of this abuse was perpetrated by employees of the Bureau of Indian Affairs (BIA) due to the impact of boarding schools and the trauma caused by these government-operated schools. Federal government policies removed children from their families and communities, often by force, with the goal of assimilating them into American culture. Many children in these schools experienced physical, emotional, and sexual abuse. Case studies as recent as the 1989 hearings that were part of the establishment of Public Law 101-630 included descriptions of child sexual abuse, physical abuse, and neglect, often involving repeat offenders working in positions of authority for the federal government.

There was another major concern: the underreporting of child abuse and family violence.  In 1987, the Government Accountability Office report was a key trigger for legislative action. This report highlighted the failure of federal agencies, particularly the BIA, to properly report and investigate child abuse cases within Indian Country. The federal government had jurisdiction over many crimes on Indian reservations, but a lack of a proper and cohesive child protection framework, law enforcement resources, and quality reporting mechanism allowed cases of abuse to go unnoticed and/or unaddressed.

The key components of Public Law 101-630 –

Mandatory Background Checks – The law mandates that any individual who has contact or control over Native American children must undergo a background check. This includes applicants, employees, volunteers and contractors of Tribal, federal, and contracted programs.

Mandatory Reporting of Abuse – PL 101-630 requires certain individuals (those who have contact with or control over Native American children) to report suspected child abuse or neglect to the appropriate authorities: law enforcement or social services.

Grants for Tribal Child Protection Programs – The law provides federal funding for Tribal communities to support child protection and family violence prevention programs.

Training and Prevention – The law authorizes programs to train Tribal social workers and law enforcement in handling child abuse cases, ensuring more effective investigation, prosecution, and support for victims.

Statistics and Aftermath –

Following the passage of PL 101-630, there was an increase in reports of child abuse and family violence in Tribal areas as reporting mechanisms improved. However, systemic challenges remain, including insufficient funding for Tribal social services and law enforcement agencies.

The impact of historical trauma continues to be a major factor in family violence and child welfare issues in Native American communities.  A 2014 Department of Justice report found that Native children are disproportionately affected by violence compared to other racial or ethnic groups in the U.S., with over 60% of Native American children experiencing some form of violence in their lifetimes as compared to 10 – 20% of non-Native American children.

One of the ongoing struggles since the passage of the Act has been the jurisdictional
overlap between Tribal, federal, and state authorities. These complexities often slow down investigations and legal actions involving child abuse in Indian Country.

While PL 101-630 authorized grants and support for Tribal child protection programs, actual appropriations have often fallen short of what is needed to fully implement the law’s provisions.  Furthermore, the BIA was initially slow at implementing the requirements of background checks and providing training to the Tribes.  It is noted that the mandate for background checks has always been an unfunded federal mandate.

Before the BIA or the U.S. federal government existed, our people nurtured, protected, educated, and cared for our children.  It is in our very being to care for our own children and their futures.  Our traditions and way of living were interrupted by the United States of America.  We never relied on a law to tell us to be cautious of those who are unknown to us or our children.  We never needed to be told that if someone may cause or has caused harm to our children, we needed to stop them and hold them accountable. 

Since the passing of Public Law 101-630, Tribal governments have established robust child protection and family violence prevention programs as well as background investigation programs —  often without federal funding. Tribes have raised the standards for those who would have contact or control over children, and they have invested in the proper training of their law enforcement officers, social workers, background investigators, and adjudicators.  Organizations such as the National Native American Human Resources Association have established programs such as the Tribal Adjudicator’s Professional Certification and Tribal Management Professionals Certification to ensure a level of professionalism and pride in the efforts of the Tribal governments. Independent contractors and small businesses such as Personnel Security Consultants, Inc., rose to the challenge and developed services and products to assist the Tribes as they worked to put action into the words written into Public Law 101-630.  These are just a few of the efforts of the Tribes, Tribal organizations, and their partners that they have tasked themselves with since the passing of Public Law 101-630.