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Child Abuse Prevention Laws

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Indian Child Protection & Family Violence Prevention Act

The Indian Child Protection & Family Violence Prevention Act is codified in 25 U.S.C. 3201-11 and 18 U.S.C. 1169. The goal of the law is to prevent child abuse of Indian children. The law covers reporting and confidentiality, waiver of parental consent for children believed to be abused or neglected, establishment of Indian Child Resource and Family Services Centers and a grant program for funding child abuse prevention in tribal communities.

The law also contains a section about character investigations, which applies to federal employers and tribes or tribal organizations who receive funds from teh Indian Self-Determination and Education Assistance Act or the Tribally Controlled Schools Act of 1988. This requires all employers whose personnel comes into contact with children to conduct background checks on all employees and potential hires.

First, the employer has to identify all employees who come into contact with kids. Second, the employer has to conduct an investigation into the criminal history of each identified employee to ensure they have not committed any felonies and no more than two misdemeanors involving violence, sexual assault, or crimes against children. Individuals who don't meet these "standards of character" are not eligible for employment in positions that involve regular contact with or control over Indian children.

Personnel Security Consultants, Inc. can help with your background check needs. We offer ready-made employment background check solutions for tribal child care centers, Head Start, and schools, as well as tailored solutions for your specific tribe or tribal organization. Contact us to sign up today.

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Suite 3
Albuquerque, NM 87120

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