§9852a — Title 42 The Public Health and Welfare | U.S. Code

Summary

Head Start agencies must get a parent’s written permission before giving any nonemergency intrusive physical exam to a child in the program. A nonemergency intrusive physical examination is an exam that is not immediately needed to protect someone’s health or safety and that cuts into the body, is otherwise invasive, or exposes private body parts. This rule does not stop agencies from using their usual, lawful procedures for suspected or known child abuse or neglect under applicable federal, state, or tribal law.

Title 42, §9852a

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The term “nonemergency intrusive physical examination” means, with respect to a child, a physical examination that—

(1)is not immediately necessary to protect the health or safety of the child involved or the health or safety of another individual; and

(2)requires incision or is otherwise invasive, or involves exposure of private body parts.

(b)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.

(c)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 9852a, Pub. L. 97–35, title VI, § 657A, as added Pub. L. 103–252, title I, § 123, May 18, 1994, 108 Stat. 650, related to consultation with Corporation for National and Community Service, prior to repeal by Pub. L. 105–285, title I, § 118, Oct. 27, 1998, 112 Stat. 2727.

§9852a Parental consent requirement for nonemergency intrusive physical examinations

Summary

Title 42, §9852a

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata