Title 25, IndiansRelease 119-110

§2452 Medical Assessment and Treatment of Juvenile Offenders

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

Last updated Sep 23, 2026|Official source

Summary

Memorandums must set up emergency medical checks and care at every Bureau of Indian Affairs agency and Indian Health Service unit for any Indian youth arrested or held by BIA or tribal police for an alcohol- or drug-related offense. The medical check must find the youth’s mental and physical state so their health can be protected, happen as soon as possible after arrest or detention, and be provided by the Indian Health Service (directly or by contract). The Indian Health Service must not refuse needed short-term treatment for any youth sent for assessment who is charged or being prosecuted, unless a court with proper authority forbids the referral or finds the youth a danger to others.

Full Legal Text

Title 25, §2452

Indians, Source: USLM XML via OLRC

(a)Development and implementation of procedures
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 agency and Indian Health 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)
(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)Treatment of certain committed youth
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 25, Indians

Last Updated

Sep 23, 2026

Release point: 119-110