28 Judicial Administration 2 2006-07-01 2006-07-01 false CHILD ABUSE AND CHILD PORNOGRAPHY REPORTING DESIGNATIONS AND PROCEDURES 81 PART 81 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) Pt. 81 PART 81—CHILD ABUSE AND CHILD PORNOGRAPHY REPORTINGDESIGNATIONS AND PROCEDURES Subpart A—Child Abuse Reporting Designations and Procedures Sec. 81.1 Purpose. 81.2 Submission of reports; designation of agencies to receivereports of child abuse. 81.3 Designation of Federal Bureau of Investigation. 81.4 Referral of reports where the designated agency is not alaw enforcement agency. 81.5 Definitions. Subpart B—Child Pornography Reporting Designations andProcedures 81.11 Purpose. 81.12 Submission of reports to the “Cyber Tipline”at the National Center for Missing and Exploited Children. 81.13 Submission of reports by the National Center for Missingand Exploited Children to designated agencies; designation ofagencies. Authority:

28 U.S.C. 509, 510; 42 U.S.C. 13031, 13032.

 Source:

Order No. 2009-96, 61 FR 7706, Feb. 29, 1996,unless otherwise noted.

§ 81.1 Purpose.

The regulations in this subpart designate the agencies that are authorized toreceive and investigate reports of child abuse under the provisions of section226 of the Victims of Child Abuse Act of 1990, Public Law 101-647, 104Stat. 4806, codified at 42 U.S.C. 13031.

[Order No. 2009-96, 61 FR 7706, Feb. 29, 1996, as amended by OrderNo. 2692-2003, 68 FR 62372, Nov. 4, 2003]
§ 81.2 Submission of reports; designation of agencies to receive reports ofchild abuse.

Reports of child abuse required by 42 U.S.C. 13031 shall be made to the locallaw enforcement agency or local child protective services agency that hasjurisdiction to investigate reports of child abuse or to protect child abusevictims in the land area or facility in question. Such agencies are herebyrespectively designated as the agencies to receive and investigate such reports,pursuant to 42 U.S.C. 13031(d), with respect to federal lands and federallyoperated or contracted facilities within their respective jurisdictions,provided that such agencies, if non-federal, enter into formal writtenagreements to do so with the Attorney General, her delegate, or a federal agencywith jurisdiction for the area or facility in question. If the child abusereported by the covered professional pursuant to 42 U.S.C. 13031 occurredoutside the federal area or facility in question, the designated local lawenforcement agency or local child protective services agency receiving thereport shall immediately forward the matter to the appropriate authority withjurisdiction outside the federal area in question.

§ 81.3 Designation of Federal Bureau of Investigation.

For federal lands, federally operated facilities, or federally contractedfacilities where no agency qualifies for designation under § 81.2,the Federal Bureau of Investigation is hereby designated as the agency toreceive and investigate reports of child abuse made pursuant to 42 U.S.C. 13031until such time as another agency qualifies as a designated agency under§ 81.2.

§ 81.4 Referral of reports where the designated agency is not a lawenforcement agency.

Where a report of child abuse received by a designated agency that is not alaw enforcement agency involves allegations of sexual abuse, serious physicalinjury, or life-threatening neglect of a child, that agency shall immediatelyreport such occurrence to a law enforcement agency with authority to takeemergency action to protect the child.

§ 81.5 Definitions.

Local child protective services agency means that agency of thefederal government, of a state, of a tribe or of a local government that has theprimary responsibility for child protection within a particular portion of thefederal lands, a particular federally operated facility, or a particularfederally contracted facility in which children are cared for or reside.

Local law enforcement agency means that federal, state, tribalor local law enforcement agency that has the primary responsibility for theinvestigation of an instance of alleged child abuse occurring within aparticular portion of the federal lands, a particular federally operatedfacility, or a particular federally contracted facility in which children arecared for or reside.

Subpart B—Child Pornography Reporting Designations andProcedures Source:

Order No. 2692-2003, 68 FR 62372, Nov. 4, 2003,unless otherwise noted.

§ 81.11 Purpose.

The regulations in this subpart B designate the agencies that are authorizedto receive and investigate reports of child pornography that are forwarded fromthe National Center for Missing and Exploited Children under the provisions of42 U.S.C. 13032.

§ 81.12 Submission of reports to the “Cyber Tipline” at theNational Center for Missing and Exploited Children.

(a) When a provider of electronic communications services or remote computingservices to the public (“provider”) obtains knowledge of facts orcircumstances concerning an apparent violation of Federal child pornographystatutes designated by 42 U.S.C. 13032(b)(1), it shall, as soon as reasonablypossible, report all such facts or circumstances to the “CyberTipline” at the National Center for Missing and Exploited Children Website (http://www.CyberTipline.com), which contains a reportingform for use by providers.

(b) A provider should initially call the National Center for Missing andExploited Children to receive an identification number and a password that willenable it to log on to the section of the “Cyber Tipline” that isdesigned for provider reporting.

§ 81.13 Submission of reports by the National Center for Missing and ExploitedChildren to designated agencies; designation of agencies.

When the National Center for Missing and Exploited Children receives a reportfrom a provider concerning an apparent violation of Federal child pornographystatutes specified in 42 U.S.C. 13032(b)(1), it shall immediately forward thatreport, to the Federal Bureau of Investigation, the Bureau of Immigration andCustoms Enforcement, the United States Postal Inspection Service, and the UnitedStates Secret Service, designated pursuant to 42 U.S.C. 13032(b)(2).