Page:United States Statutes at Large Volume 104 Part 6.djvu/158

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104 STAT. 4548 PUBLIC LAW 101-630 —NOV. 28, 1990 employed in a public Eigency who is responsible for enforcing statutes and judicial orders; "(2) knows, or has reasonable suspicion, that— "(A) a child was abused in Indian country, or "(B) actions are being taken, or are going to be taken, that would reasonably be expected to result in abuse of a child in Indian country; and "(3) fails to immediately report such abuse or actions described in paragraph (2) to the local child protective services agency or local law enforcement agency, shall be fined not more than $5,000 or imprisoned for not more than 6 months or both. "(b) Any person who— "(1) supervises, or has authority over, a person described in subsection (a)(1), and "(2) inhibits or prevents that person from making the report described in subsection (a), shall be fined not more than $5,000 or imprisoned for not more than 6 months or both. "(c) For purposes of this section, the term— "(1) 'abuse' includes— "(A) any case in which— "(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 "(ii) such condition is not justifiably explained or may not be the product of an accidental occurrence; and "(B) any case in which a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution; "(2) 'child means an individual who— "(A) is not married, and "(B) has not attained 18 years of age; "(3) 'local child protective services agency' 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; and "(4) 'local law enforcement agency' 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. "(d) Any person making a report described in subsection (a) which is based upon their reasonable belief and which is made in good faith shall be immune from civil or criminal liability for making that report.". (2) The table of contents for chapter 53 of title 18, United States Code, is amended by adding at the end thereof the following new item: "1169. Reporting of child abuse.". (b) NOTIFICATION OF CHILD ABUSE REPORTS. —(1) When a local law enforcement agency or local child protective services agency receives an initial report from any person of— (A) the abuse of a child in Indian country, or