Investigating the Character of Persons
Who are in Positions of Regular Contact With
or Control Over Indian Children
 

Child Abuse Hotline: 1-800-633-5155


 
 
Minimum standards of character are established and background investigations are conducted for all employees in positions having regular contact with or control over Indian children to ensure potentially abusive individuals are identified and precluded or removed from those positions.
 
Federal law requires that the Bureau of Indian Affairs, Tribes and tribal organizations establish minimum standards of character for all persons whose positions involve regular contact with or control over Indian children. 
Indian Child Protection and Family Violence Prevention Act, Public Law 101-630, 25 U.S.C. § 3207
 
Minimum Standards of Character

Federal law requires that no person who has been found guilty of, or entered a plea of nolo contendere or guilty to, any offense under Federal, State or Tribal law that involves crimes of violence; a sex offense, more specifically sexual assault, molestation, exploitation, contact or prostitution; or crimes against persons shall be employed in a position having regular contact with or control over Indian children.  Also, an offense involving a child or a drug felony may be grounds for denying employment or for dismissal from a position having regular contact with or control over Indian children.   Indian Child Protection and Family Violence Prevention Act, 25 U.S.C. § 3207, Crime Control Act, 41 U.S.C. § 12041, and 25 CFR 63.12 

and

Any applicant, volunteer or employee may be disqualified from consideration or continuing employment by the Bureau of Indian Affairs in a position that involves regular contact with or control over Indian children based upon the individual's -- 

  • misconduct or negligence if it interfered with or affected an employer's duties or responsibilities 
  • criminal or dishonest conduct if it affected the individual's performance or the performance of others 
  • intentional false statements, deception or fraud on an examination or in obtaining employment 
  • refusal to furnish testimony or cooperate with an investigation 
  • alcohol or substance abuse of a nature or duration that suggests he/she cannot perform the duties of the position or could threaten the safety of children 
  • illegal use of a controlled substance without evidence of substantial rehabilitation 
  • acts or activities designed to disrupt government programs 
See Minimum Standards of Character and Suitability for Employment, 25 CFR Part 63, Subpart B
 
The Bureau of Indian Affairs, Tribes and tribal organizations must certify that each individual's prior conduct will not interfere with performance of duties or create a potential for risk to the safety and well-being of Indian children. 
See Minimum Standards of Character and Suitability for Employment, 25 CFR Part 63; Section 63.22
 
Character Investigations
  • Employment applications must: ask if the individual has ever been arrested for or charged with a crime involving a child or found guilty of or entered a plea of nolo contendere or guilty to any offense under Federal, State or Tribal law involving crimes of violence; an offense involving a child; a sex offense, more specifically sexual assault, molestation, exploitation, contact or prostitution; a drug felony; or crimes against persons; request a description of the disposition of any arrest or charge; state that the application is signed under penalty of perjury; and obtain the signature of the individual confirming he/she was notified of the employer's obligation to require a record check as a condition of employment 
  • Request criminal records from tribal and state law enforcement and courts 
  • Confirm military service and discharge 
  • Verify validity of driver's license and driving record for persons whose duties require a commercial driver's licence or include transporting children 
  • Verify at least five years of employment and interview past employers & supervisors 
  • Interview at least three references 
  • Verify residence and level of education/training 
  • Request a National Criminal History Check from the FBI - the BIA will process criminal history background checks for tribal contract and grant schools, social services, law enforcement, mental and health services, child care programs, Headstart programs, and other programs employing persons who have regular contact with or control over Indian children 
Indian Child Protection and Family Violence Prevention Act, Public Law 101-630, 25 U.S.C. § 3207 
Crime Control Act, Public Law 101-647, 42 U.S.C. § 13041 
Minimum Standards of Character and Suitability for Employment, 25 CFR Part 63, Subpart B 
 
For information regarding training and the Bureau of Indian Affairs' agreement with the Federal Bureau of Investigation to process National Criminal History Checks for Tribes and tribal programs contact the: 
BIA Security Program
P.O. Box 1887
Albuquerque, New Mexico 87103-1887
 
 


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