Who must report: Additional Requirements Relating to Those Working With Alaska Native and American Indian Children

In addition to those under state law, federal law (25 U.S.C. 3202, 18 U.S.C. 1169) requires that Tribes and Tribal organizations that receive federal funding and individuals who provide services to children in Tribal communities include some additional categories of mandatory reporters:

  • physician, surgeon, dentist, podiatrist, chiropractor, nurse, dental hygienist, optometrist, medical examiner, emergency medical technician, paramedic, or health care provider,
  • teacher, school counselor, instructional aide, teacher's aide, teacher's assistant, or bus driver employed by any tribal, Federal, public or private school,
  • administrative officer, supervisor of child welfare and attendance, or truancy officer of any tribal, Federal, public or private school,
  • child day care worker, Head Start teacher, public assistance worker, worker in a group home or residential or day care facility, or social worker,
  • psychiatrist, psychologist, or psychological assistant,
  • licensed or unlicensed marriage, family, or child counselor,
  • person employed in the mental health profession, or
  • law enforcement officer, probation officer, worker in a juvenile rehabilitation or detention facility, or person employed in a public agency who is responsible for enforcing statutes and judicial orders;

In addition, under federal law anyone who supervises a mandatory reporter is also considered a mandatory reporter. The federal law regarding child abuse reporting can be accessed at this link 18 U.S.C. 1169 “title “Federal Mandatory Reporter Statute”

Federal law states generally that individuals who have a legal or other responsibility for an Indian child's welfare* through an Indian Tribe or organization, Tribal consortium, or on Tribal lands, including village corporations, lands held by incorporated Native groups, or regional corporations, and reservations, are mandated reporters. Non-Tribal community members who provide services to Native children should also check with the local Tribal Council to see if they have established additional laws relating to mandatory reporting.

*Some Tribes have interpreted this to mean that adults “with authority or responsibility for an Indian child’s welfare” includes Tribal leaders, religious leaders and other adults that children would likely turn to, were responsible for their welfare and safety. Tribes may establish Tribal law that is more inclusive than these minimum standards under federal law.

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Office of Children's Services | Alaska Children's Justice Task Force