42 U.S.C. § 9852a — Parental consent requirement for nonemergency intrusive physical examinations
submitted 19 years ago by Pub. L. 97-35 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 128 words · no verdicts yet
A Head Start agency must obtain written parental consent before a nonemergency intrusive physical examination of a child connected with the program. The term excludes examinations immediately needed for safety and includes invasive examinations or exposure of private body parts.
(a) “Nonemergency intrusive physical examination” means a child’s physical examination that is not immediately needed to protect the child or another person’s health or safety and that requires an incision, is otherwise invasive, or exposes private body parts. (b) A Head Start agency must get written parental consent before giving such an examination in connection with participation in the program. (c) This section does not prohibit established methods for suspected or known child abuse or neglect that comply with Federal, State*, or tribal law.
The term “nonemergency intrusive physical examination” means, with respect to a child, a physical examination that—
is not immediately necessary to protect the health or safety of the child involved or the health or safety of another individual; and
requires incision or is otherwise invasive, or involves exposure of private body parts.
A Head Start agency shall obtain written parental consent before administration of any nonemergency intrusive physical examination of a child in connection with participation in a program under this subchapter.
Nothing in this section shall be construed to prohibit agencies from using established methods, for handling cases of suspected or known child abuse and neglect, that are in compliance with applicable Federal, State*, or tribal law.
Source credit: (Pub. L. 97–35, title VI, § 657A, as added Pub. L. 110–134, § 25, Dec. 12, 2007, 121 Stat. 1443.)
- 2007Enacted · Pub. L. 97-35 · 121 Stat. 1443
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-35 on 2007-12-12.
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