Title 25IndiansRelease 119-73

§2452 Medical assessment and treatment of juvenile offenders

Title 25 › Chapter CHAPTER 26— - INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT › Subchapter SUBCHAPTER V— - BUREAU OF INDIAN AFFAIRS LAW ENFORCEMENT › § 2452

Last updated Apr 6, 2026|Official source

Summary

Each Memorandum of Agreement must set up a way for every Bureau of Indian Affairs office and Indian Health Service unit to give urgent medical checks and care to any Indian youth arrested or held by BIA or tribal police for alcohol- or drug-related offenses. The medical check must find out how the youth is doing mentally and physically so steps can be taken to protect their health. It must happen right away after the arrest or detention. The Indian Health Service must provide the check and care, either directly or through its contractors. The IHS cannot refuse needed short-term treatment for a youth sent under that procedure just because the youth is charged or being prosecuted, unless a court forbids the referral or finds the youth to be a danger to others.

Full Legal Text

Title 25, §2452

Indians — Source: USLM XML via OLRC

(a)The Memorandum of Agreement entered into pursuant to section 2411 of this title shall include a specific provision for the development and implementation at each Bureau of Indian Affair 11 So in original. Probably should be “Affairs”. agency and Indian Health Service 22 So in original. Probably should be followed by “service”. unit of a procedure for the emergency medical assessment and treatment of every Indian youth arrested or detained by Bureau of Indian Affairs or tribal law enforcement personnel for an offense relating to or involving alcohol or substance abuse. The medical assessment required by this subsection—
(1)shall be conducted to determine the mental or physical state of the individual assessed so that appropriate steps can be taken to protect the individual’s health and well-being,
(2)shall occur as soon as possible after the arrest or detention of an Indian youth, and
(3)shall be provided by the Indian Health Service, either through its direct or contract health service.
(b)The Indian Health Service shall not refuse to provide necessary interim treatment for any Indian youth referred pursuant to subsection (a) who has been charged or is being prosecuted for any crime unless such referral is prohibited by a court of competent jurisdiction or the youth is determined by a court of competent jurisdiction to be a danger to others.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Pub. L. 100–690 designated existing provisions as subsec. (a) and added subsec. (b).

Reference

Citations & Metadata

Citation

25 U.S.C. § 2452

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73