§3206 — Title 25 Indians | U.S. Code

Summary

Allows photos, x-rays, medical or psychological exams, and interviews of an Indian child in Indian country to be done without the consent of the parent, guardian, or legal custodian if local child protective services or local law enforcement have reason to suspect the child was abused. Local officials may interview the child without first getting permission. Those exams and talks must be done to avoid causing more harm and, when time allows, with advice from a local team of professionals under section 3210 or, if there is no local team, under section 3209. If there is reasonable suspicion, a Federal magistrate judge or a U.S. District Court may issue an order to enforce these rules.

Title 25, §3206

Indians — Source: USLM XML via OLRC

(a)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.

(b)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.

(c)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,11 So in original. Probably should be “advice”. 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.

(d)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.

Statutory Notes and Related Subsidiaries

Change of Name

“Federal magistrate judge” substituted for “Federal magistrate” in subsec. (d) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

§3206 Waiver of parental consent

Summary

Title 25, §3206

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

Citations & Metadata