25 U.S.C. § 3206 — Waiver of parental consent
submitted 36 years ago by Pub. L. 101-630 to r/title-25-INDIANS · 248 words · no verdicts yet
When local officials reasonably believe an Indian child in Indian country suffered abuse, specified examinations and interviews may occur without parental consent. They must minimize trauma, use a multidisciplinary team when time permits, and may be enforced by a Federal court order.
(a) Photographs, X-rays, medical and psychological examinations, and interviews of an Indian child alleged to have suffered abuse in Indian country may occur without parental consent when local child-protective-services or law-enforcement officials have reason to believe abuse occurred.
(b) In that situation, local law-enforcement or child-protective-services officials may interview the child without first obtaining the parent’s, guardian’s, or legal custodian’s consent.
(c) Examinations and interviews of a possibly abused child must use circumstances and safeguards designed to minimize additional trauma. When time permits, they must be conducted with the advice or guidance of a local multidisciplinary team established under section 3210, or, if there is no local team, a team under section 3209.
(d) If there is reasonable suspicion that an Indian child suffered abuse in Indian country, a Federal magistrate judge or United States district court may issue an order enforcing any provision of this section.
Photographs, x-rays, medical examinations, psychological examinations, and interviews of an Indian child alleged to have been subject to abuse in Indian country shall be allowed without parental consent if local child protective services or local law enforcement officials have reason to believe the child has been subject to abuse.
In any case in which officials of the local law enforcement agency or local child protective services agency have reason to believe that an Indian child has been subject to abuse in Indian country, the officials of those agencies shall be allowed to interview the child without first obtaining the consent of the parent, guardian, or legal custodian.
Examinations and interviews of a child who may have been the subject of abuse shall be conducted under such circumstances and with such safeguards as are designed to minimize additional trauma to the child and, where time permits, shall be conducted with the advise,1 or under the guidance, of a local multidisciplinary team established pursuant to section 3210 of this title or, in the absence of a local team, a multidisciplinary team established pursuant to section 3209 of this title.
Upon a finding of reasonable suspicion that an Indian child has been the subject of abuse in Indian country, a Federal magistrate judge or United States District Court may issue an order enforcing any provision of this section.
Source credit: (Pub. L. 101–630, title IV, § 407, Nov. 28, 1990, 104 Stat. 4550; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
- 1990Enacted · Pub. L. 101-630 · 104 Stat. 4550
- 1990Amended · Pub. L. 101-650 · 104 Stat. 5117
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-630 on 1990-11-28.
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